1. What does it mean for a criminal to make a truthful declaration and show repentance?
According to the guidance in Clause 17, Article 2 of Resolution 04/2025/NQ-HĐTP, a criminal who makes a truthful declaration and shows repentance falls into one of the following cases:
– A criminal who makes a truthful declaration is one who has fully, truthfully, accurately, and clearly admitted their criminal act;
– A criminal who shows repentance is one who feels tormented and regretful about their actions and wishes to have the opportunity to correct their mistakes, reform into a good person, and compensate for the losses and damages caused by their criminal act.
“Truthful declaration” and “repentance” are not two independent circumstances. If a criminal both “makes a truthful declaration” and “shows repentance,” it is only considered as one mitigating circumstance as stipulated in Clause 1, Article 51 of the Criminal Code.
In cases where a criminal is caught red-handed, but after being apprehended, has fully declared their criminal act consistent with other documents and evidence in the case file, the mitigating circumstance of truthful declaration shall be applied to them. If, after being apprehended, the criminal equivocates, denies the crime, or makes untruthful declarations about the case, and only admits their criminal act to be consistent with what the prosecuting agency has fully proven after the prosecuting agency has done so, then this mitigating circumstance shall not be applied.
In cases where the criminal initially equivocates, denies the crime, or makes untruthful declarations, but then makes a full and truthful declaration of the crime’s development, the mitigating circumstance of truthful declaration shall still be applied to them, but the degree of mitigation in this case cannot be equal to that in which they declared fully and truthfully from the outset.
2. Is a criminal’s truthful declaration and repentance 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 has prevented or minimized the harm caused by the crime;
– The offender has voluntarily repaired, compensated for damages, or remedied the consequences;
– Committing a crime in self-defense exceeding the limits of legitimate self-defense;
– Committing a crime exceeding the requirements of an emergency;
– Committing a crime exceeding the necessary extent when arresting a criminal;
– Committing a crime due to mental provocation caused by the victim’s unlawful act;
– Committing a crime due to extremely difficult circumstances not caused by their own fault;
– Committing a crime that has not caused damage or has caused minor damage;
– Committing a crime for the first time and being a minor offense;
– Committing a crime due to being threatened or coerced by others;
– 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 old or older;
– The offender is a severely disabled person or a person with especially severe disabilities;
– The offender has a disease that limits their cognitive ability or ability to control their behavior;
– The offender has confessed;
– The offender makes a truthful declaration and shows repentance;
– The offender actively cooperates with competent authorities in detecting crimes or in the process of resolving the case;
– The offender has rendered meritorious services to atone for their crime;
– The offender has outstanding achievements in production, combat, study, or work;
– The offender is a person who has rendered services to the revolution or is the father, mother, spouse, or child of a martyr.
Thus, a criminal’s truthful declaration and repentance are considered mitigating circumstances for criminal liability.
3. Some notes when applying mitigating circumstances for criminal liability
– When deciding on a sentence, the Court shall base its decision on the provisions of the Criminal Code, considering the nature and social dangerousness of the criminal act, the personal background of the offender, and the mitigating 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 immediately lighter penalty framework of the law when the offender has at least two mitigating circumstances as stipulated in Clause 1, Article 51 of the Criminal Code of Vietnam 2015.
– Mitigating circumstances belonging to a co-offender shall only be applied to that co-offender.
– Mitigating circumstances that have been stipulated in this Code as elements of the crime or elements determining the penalty framework shall not be considered as mitigating circumstances when deciding on a penalty.
– When imposing a prison sentence of no more than 03 years, based on the personal background of the offender and the mitigating circumstances, if it is deemed unnecessary to enforce the prison sentence, the Court shall grant a suspended sentence and set a probationary period from 01 year to 05 years, with obligations to be fulfilled during the probationary period as stipulated by the Law on Execution of Criminal Judgments.
