Is a Person Who Voluntarily Abandons a Crime Exempt from Criminal Liability?

The article analyzes the legal concept of voluntary abandonment of a crime under the Penal Code of Vietnam, compares it with attempted crime, and elucidates the conditions for exemption from criminal liability based on the guidelines of the Supreme People's Court through Resolutions No. 01-HDTP/NQ and 02-HDTP-TANDTC/QD.

I. Issue Raised

In criminal law science, the act of voluntarily ceasing the commission of a crime before the crime is completed demonstrates a positive shift in the perpetrator's will.

The recognition of this institution not only reflects the humanitarian nature of Vietnamese law, but also aims to educate, encourage repentance, and limit dangerous consequences for society.

However, in practice, differentiating between “voluntary cessation” and “forced cessation” still causes much debate, especially in cases involving accomplices or complex preparatory acts.

II. Legal Basis of Voluntary Cessation of a Crime

1. Provisions of the Penal Code

Article 16 of the Penal Code 2015 (amended and supplemented in 2017) stipulates:

“A person who voluntarily ceases the commission of a crime is someone who voluntarily does not continue to commit the crime to the end, although nothing prevents them from doing so.”

• (i) The voluntary and definitive nature of the offender;
• (ii) The absence of any objective hindering factors.

2. Guidelines of the Supreme People's Court

• Resolution No. 02-HDTP-TANDTC/QD dated January 5, 1986, “Guidelines on the application of certain provisions of the 1985 Penal Code regarding the stages of preparation for a crime and uncompleted (attempted) crime”.

• Resolution No. 01-HDTP/NQ dated April 19, 1989, “Guidelines on the application of law for cases of voluntary cessation of a crime involving accomplices”.

These two resolutions serve as important legal sources guiding the identification and application of the voluntary cessation institution in trial practice.

III. Identifying Signs of Voluntary Cessation

1. Voluntarily stopping the act

The offender proactively stops and does not continue the criminal act to the end, stemming from their subjective will, without being influenced or coerced.

This cessation must be permanent, not temporary, and expressed through specific actions.

2. Not prevented by external factors

If the cessation of the act is due to being discovered, pursued, or encountering objective obstacles (e.g., broken tools, being arrested, victim resistance), it is not considered voluntary cessation.

3. Illustrative example

B prepares a knife to commit murder, but upon arriving, recalls past favors and voluntarily abandons the intention. This is the voluntary cessation of a crime.

Conversely, if B is discovered and forced to stop, that act no longer contains the “voluntary” element.

IV. Distinguishing from Attempted Crime

1. Similarities

Both cases share a commonality: the crime is uncompleted, and the dangerous consequences have not yet occurred.

2. Fundamental differences

3. Illustrative example

A points a gun at B and pulls the trigger, but the bullet does not fire, after which A stops.

This is not voluntary cessation, but an attempted crime.

V. Criminal Liability and Limits of Exemption

1. Cases without accomplices

A person who voluntarily ceases a crime is exempt from criminal liability for the intended crime.

However, if the acts already committed contain all the constituent elements of another independent crime, they must still bear liability for that crime.

Example: A falsifies documents to embezzle property, but later stops out of fear of being discovered.

A is not prosecuted for the crime of “Embezzlement of property” but may still be prosecuted for the crime of “Forgery in the course of employment” under Article 359 of the Penal Code 2015.

2. Cases with accomplices

According to Resolution No. 01-HDTP/NQ dated April 19, 1989, the Judicial Council of the Supreme People's Court provides specific guidelines:

VI. Comments and Recommendations

1. Humanitarian significance of the institution

The institution of voluntary cessation of a crime deeply reflects the

principles of humanity, tolerance, and educational orientation of Vietnamese criminal law.

2. Inadequacies in practical application

Trial practice shows that in many cases, courts have inconsistent evaluations between “voluntary” and “forced”.

Proving “voluntariness” still heavily depends on the subjective judgment of the procedural authorities.

3. Recommendations for legal improvement

• It is necessary to issue case precedents to clarify the criteria for identifying “voluntary cessation”.
• Strengthen practical guidelines from the Supreme People's Court for cases involving accomplices.
• Supplement this content in the General Part of the Criminal Law curriculum and new guiding resolutions.

VII. Conclusion

The institution of voluntary cessation of a crime is a typical testament to the humanity, tolerance, and educational orientation of Vietnamese criminal law. By recognizing the possibility of exempting criminal liability for those who intend to commit a crime but proactively stop before completing the criminal act, it expresses the viewpoint of encouraging repentance, voluntarily preventing dangerous consequences for society, and simultaneously opening an opportunity for rehabilitation for offenders. However, the application of this institution requires objective and careful analysis, because the boundary between "voluntary cessation" and "forced cessation" is extremely fragile, depending on the element of will and the actual conditions of each specific case.

References

Contact Information:

DL PINNACLE LAW FIRM LLC

Address: 3rd Floor, 18A/76 Nguyen Thi Minh Khai, Sai Gon Ward, Ho Chi Minh City

Hotline: 0914.491.911

Email: info@dlpinnacle.vn

Website: https://www.dlpinnacle.vn