On September 30, 2025, the Council of Judges of the Supreme People's Court passed Resolution 04/2025/NQ-HDTP guiding the application of mitigating circumstances of criminal liability and aggravating circumstances of criminal liability as prescribed in Articles 51 and 52 of the 2015 Penal Code
Image 1: "Guidance on applying other circumstances as mitigating circumstances of criminal liability"_Hotline: 0972118764
Accordingly, the following circumstances can be considered as mitigating circumstances for criminal liability as prescribed in Clause 2, Article 51 of the 2015 Penal Code:
- A person who turns himself in is a case where, after the crime or the person committing the crime is discovered, the person voluntarily presents himself and reports to the competent authority about his/her criminal act.
- The person who commits the crime voluntarily returns at least half of the amount of illegal profits from the crime or additional fines according to the judgment or decision of the Court.
- Committing a crime in the case of serving an urgent work requirement such as going to fight storms, floods, emergency aid, and epidemics.
- A person who participates in the resistance war to liberate the nation, protect the Fatherland, and fulfills international obligations is confirmed by the competent authority, but for objective reasons has not yet been declared and requested, so has not received a Medal or Medal.
- The offender has a mother or grandmother who has been awarded the title of Heroic Vietnamese Mother by the State; has a father, mother, grandfather or grandmother who has been awarded the title of Hero of Labor or Hero of the People's Armed Forces by the State.
- The offender has a father or mother who has been awarded many certificates of merit for their outstanding achievements in work.
- The victim or the victim's representative requests a reduction in the sentence for the offender in cases where the victim's health is only harmed or property is damaged.
- The victim is also at fault or the damage is due to the fault of a third party.
- The offender has 3 or more children under 15 years old or has a child with a serious disability or serious illness, whose husband or wife is unemployed, or whose family is in difficult circumstances as confirmed by the local authorities.
- The court may consider other circumstances as mitigating circumstances of criminal liability as prescribed in Clause 2, Article 51 of the 2015 Penal Code, but must clearly state the reasons for mitigating in the judgment. The application of other mitigating circumstances must be carefully and closely considered, depending on the nature and characteristics of each specific case.
=> See more: Promoting trade promotion, expanding and diversifying markets, exported goods and supply chain
=> See more: Featured documents of week 41, 2025
Image 2. Free legal advice_ Hotline: 097 211 8764
Social and Economic General Department – TLK Law Company Limited
Dear Readers,
In addition to providing you with useful knowledge and information about economic and socio-cultural life, TLK Law Company Limited is also an organization offering professional services in Legal Consulting, Accounting - Tax, and Trade Promotion with many years of experience.
With the desire to fulfill our social responsibility, if you need advice on legal matters, please contact us at the hotline: 097 211 8764 to receive direct consultation from our lawyers (completely free of charge).
