CHƯƠNG 2:
TỘI PHẠM VÀ TRÁCH NHIỆM HÌNH SỰ
1. Criminal liability
- (Trách nhiệm hình sự) is the legal consequence of committing a crime, which an individual
offender must bear before the state for their criminal act. It is enforced through penalties and
coercive measures
- Đặc điểm:
+Criminal liability is a specific form of legal liability: it satisfies all the characteristics of
general legal liability understood in a passive sense, and these characteristics are concretized
in criminal law.
+Criminal liability is the inevitable legal consequence of committing a crime. An individual
is burdened with criminal liability if they possess the capacity for such liability.
The essence of criminal liability lies in the condemnation by the state and society of the
criminal act.
+Criminal liability arises when a person commits a criminal act. However, the obligation to
bear criminal liability only arises when a court declares the individual guilty. Therefore,
criminal liability ends when the statute of limitations for criminal prosecution expires if no
prosecution is initiated, or when the individual has been prosecuted and completed the
penalty, or is granted amnesty or a special pardon.
+Criminal liability is enforced through special state coercive measures, including penalties
or other criminal judicial measures.
2. Article 27. Time limit for criminal prosecution ( thời hiệu truy cứu trách nhiệm hình
sự
3. Article 28. Non-application of time limit for criminal prosecution ( những trường hợp
không áp dụng thời hiệu truy cứu trách nhiệm hình sự
