Based on the nature and extent of danger caused to Society , offences are classified into less serious offences, serious offences, very serious offences and extremely serious offence.
Acts showing signs of offence but posing minimal danger to the Society are not offences and shall be handled by other measures.
The nature and extent of danger caused to Society by different offences shall be a ground for stipulating types of penalties and penalty brackets.
The requirement «consider nature and extent of danger caused to the Society by an offence» arises after the Court determines that the accused has committed such offence under a specific item and article of the Penal Code. Considering nature and extent of danger caused to the Society by an offence shall be expressed as:
- Taking into account the offender’s fault, objective, motivation, and means, method, time and location of the offence, object of the offence, etc.
For example: In two cases where A and B separately use weapons to rob assets and which have the same details, but A commits the offence of robbery in a prepared manner, during the day and at a densely-populated location, and B commits the offence of robbery at a quiet location and B’s intention to commit the crime of robbery arises when B sees the owner of such assets pass by, the Judge shall apply the same article to A and B but decide a heavier penalty to A than B.
- Taking into account consequences caused by the offence, including damages to life, health, property and non-material damages (resulting in adverse impact on the performance of the Party’s orientations, the State’s policies, security, order and safety of the Society).
For example: In two cases where M and N separately steal assets and which have the same other details, but M steals an asset at the value of 55 million dong, and N steals an asset at the value of 195 million dong, the Judge shall apply Point e of Article 138 of the Penal Code to M and N but decide a heavier penalty to N than M.
- In case of complicity, the Judge should consider the nature of such complicity, determining how many persons have committed the offence, taking into account the role and position of each person in order to personalize criminal liability when sentencing.
- In the case of an organized offence, the Judge should consider the nature of such offence, determining how many persons have committed the offence, the extent of close coordination between such persons, taking into account the role and position of each person in order to personalize criminal liability when sentencing.
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