Criminal Law Review Flashcards

Comprehensive vocabulary flashcards covering basic principles of Vietnamese Criminal Law, including definitions of crime, classification, complicity, defenses, and forms of fault based on the lecture notes by Bùi Hữu Phúc.

Crime (Tội phạm)

A dangerous act for society defined in the Penal Code (BLHS), committed by reaching the age and capacity for criminal liability or by a commercial legal entity (PNTM), at fault (intentionally or unintentionally), infringing upon national independence, sovereignty, politics, economy, culture, and other public orders.

Dangerous for society (Nguy hiểm cho xã hội)

The most basic and important characteristic of a crime; it involves infringing upon social relationships protected by the Penal Code, characterized by the nature of the tools, means, level of damage caused or threatened, motive, and purpose.

Fault (Có lỗi)

The subjective attitude of a person toward their act (which causes harm to society) and the consequences of that act, expressed in the form of Intentionality or Unintentionality.

Less serious crime (Tội phạm ít nghiêm trọng)

A crime whose nature and degree of danger to society are not large; the maximum penalty for this type of crime is a fine, non-custodial reform, or imprisonment for up to $3$ years.

Serious crime (Tội phạm nghiêm trọng)

A crime whose nature and degree of danger to society are large; the maximum penalty for this type of crime is imprisonment from above $3$ years to $7$ years.

Very serious crime (Tội phạm rất nghiêm trọng)

A crime whose nature and degree of danger to society are very large; the maximum penalty for this type of crime is imprisonment from above $7$ years to $15$ years.

Particularly serious crime (Tội phạm đặc biệt nghiêm trọng)

A crime whose nature and degree of danger to society are particularly large; the maximum penalty is imprisonment from above $15$ years to $20$ years, Life imprisonment, or the Death penalty.

Constituents of a crime (Cấu thành tội phạm)

The sum of general and typical signs for a specific type of crime as prescribed in Criminal Law, characterized by being legally defined, typical, and compulsory.

General Object (Khách thể chung)

The system of social relations protected by Criminal Law and violated by crimes, as specified in Article $1$ and Article $8$ of the Penal Code.

Direct Object (Khách thể trực tiếp)

The specific social relationship harmed by a particular crime, reflecting the full nature of the danger that the crime poses to society.

Target of crime (Đối tượng tác động của tội phạm)

A part of the object of a crime that is affected by the criminal act, thereby causing damage or threatening to cause damage to social relations protected by Law. This can include humans, material objects, or normal social actions.

Complicity (Đồng phạm)

A case where there are $2$ or more people intentionally performing a crime together, as defined in Article $17$ of the Penal Code.

Organizer (Người tổ chức)

A person who masterminds, heads, or commands the commission of a crime, including masterminds who initiate the plan and commanders of armed groups.

Helper (Người giúp sức)

A person who creates spiritual or material conditions for the commission of a crime, such as providing tools, means, or promising to hide the offender and evidence.

Justifiable defense (Phòng vệ chính đáng)

An act of a person who, for the sake of protecting the legitimate rights or interests of themselves, others, or the State/organizations, fights back in a necessary manner against a person who is infringing upon those interests.

Urgent necessity (Tình thế cấp thiết)

A situation where a person, to avoid damage to their own or others' legitimate interests, has no choice but to cause a smaller damage than the damage to be prevented.

Punishment (Hình phạt)

The most severe state coercive measure prescribed in the Penal Code, decided by the court, aimed at punishing and educating the offender to obey the law and prevent new crimes.

Direct Intent (Lỗi cố ý trực tiếp)

A form of fault where the person clearly realizes their behavior is dangerous to society, foresees the consequences, and desires those consequences to happen.

Indirect Intent (Lỗi cố ý gián tiếp)

A form of fault where the person realizes their behavior is dangerous and foresees the consequences; they do not desire the consequences but consciously allow them to occur.

Overconfidence (Lỗi vô ý vì quá tự tin)

A form of fault where a person foresees that their behavior may cause harmful consequences but believes that such consequences will not happen or can be prevented.

Carelessness (Lỗi vô ý vì cẩu thả)

A form of fault where a person does not foresee that their behavior may cause harmful consequences, even though they must and could have foreseen them.

Voluntary desistance (Tự ý nửa chừng chấm dứt việc phạm tội)

The act of voluntarily not performing a crime to the end by oneself, even though there are no external obstacles; this results in exemption from criminal liability for the intended crime (Article $16$).