The Supreme People's Court of Vietnam: Benchbook Online

After determining facts of extenuation and aggravation of criminal liability applicable to the offender, the Judge should consider the following facts of extenuation or aggravation of criminal liability in order to decide the correct penalty:

• For each case, how many facts of extenuation the offender has, as provided in Item 1 of Article 46 of the Penal Code, and which facts of extenuation are as provided in Item 2 of the same article.
• For each case, how many facts of aggravation the offender has, as provided in Item 1 of Article 48 of the Penal Code, and which facts are for determining penalty or determining penalty bracket.
• Of all the facts of extenuation, which is the most notable in sentencing the offender.
• Of all the facts of aggravation, which is the most notable in sentencing the offender.
• The Judge should consider facts of extenuation or aggravation, extent of extenuation or aggravation, for the purpose of deciding a particular penalty.