1. What does it mean to commit a crime under duress or coercion?
According to the guidance in Clause 10, Article 2 of Resolution 04/2025/NQ-HDTP, committing a crime under duress or coercion means committing a crime in one of the following cases:
– Under duress means being threatened with punishment by another person for acting against their will, creating fear in the offender of a possible consequence, and to avoid that consequence, the offender had to commit the crime;
– Under coercion means being forced by another person to commit the crime through the use of force, threats of immediate use of force, physical or mental impact, or other actions.
When applying this mitigating circumstance, the extent of the reduction in criminal liability depends on the nature and severity of the crime committed and the act of threatening or coercing the offender.
Example: Le Tan Y is a creditor, who regularly assaulted and threatened Nguyen Van A’s wife and husband, stating that if they did not repay the debt for Ms. Dinh Thi K (A’s mother), he would kill A’s wife and husband. On August 1, 2025, A and several others met Y to negotiate, but an altercation ensued, resulting in Y suffering 30% bodily harm. In this case, Nguyen Van A is subject to the mitigating circumstance specified in Point k, Clause 1, Article 51 of the Criminal Code.
2. Is committing a crime under duress or coercion a mitigating circumstance for criminal liability?
The mitigating circumstances for criminal liability are stipulated in Article 51 of the Criminal Code of Vietnam 2015 (amended by Point a, Point b, Clause 6, Article 1 of the Law amending the Criminal Code of Vietnam 2017) as follows:
– The offender prevented or mitigated the damage caused by the crime;
– The offender voluntarily remedied, compensated for damages, or rectified the consequences;
– Committing a crime in excess of the limits of legitimate self-defense;
– Committing a crime in excess of the requirements of an urgent situation;
– Committing a crime in excess of what is necessary when apprehending an offender;
– Committing a crime under mental provocation caused by the victim’s unlawful act;
– Committing a crime due to extremely difficult circumstances not self-induced;
– Committing a crime but causing no damage or insignificant damage;
– Committing a crime for the first time and it is a minor offense;
– Committing a crime under duress or coercion by another person;
– Committing a crime with limited cognitive ability not caused by their own fault;
– Committing a crime due to backwardness;
– The offender is a pregnant woman;
– The offender is 70 years of age or older;
– The offender is a severely or exceptionally severely disabled person;
– The offender has an illness that limits their cognitive ability or ability to control their behavior;
– The offender confesses voluntarily;
– The offender makes a sincere declaration and shows remorse;
– The offender actively cooperates with the competent authority in detecting the crime or during the resolution of the case;
– The offender has performed meritorious deeds to atone for the crime;
– The offender has outstanding achievements in production, combat, study, or work;
– The offender is a person who has rendered meritorious service to the revolution or is the father, mother, spouse, or child of a martyr.
Thus, committing a crime under duress or coercion is considered a mitigating circumstance for criminal liability.
3. Some notes when applying mitigating circumstances for criminal liability
– When deciding on a penalty, the Court shall base its decision on the provisions of the Criminal Code, taking into account the nature and social danger of the criminal act, the personal background of the offender, mitigating circumstances, and aggravating circumstances for criminal liability.
– The Court may decide on a penalty below the lowest level of the applicable penalty framework but within the immediate lighter penalty framework of the law when the offender has at least two mitigating circumstances specified in Clause 1, Article 51 of the Criminal Code of Vietnam 2015.
– Mitigating circumstances related to a specific accomplice shall only be applied to that accomplice.
– Mitigating circumstances that are already stipulated by this Code as elements for defining a crime or its framework shall not be considered as mitigating circumstances when deciding on a penalty.
– When imposing a prison sentence of not more than 03 years, based on the personal background of the offender and mitigating circumstances, if it is deemed unnecessary to enforce the prison sentence, the Court shall grant a suspended sentence and set a probation period from 01 year to 05 years, with the offender fulfilling obligations during the probation period as stipulated by the Law on Execution of Criminal Judgments.
