I have a friend named A, born in December 1996. Recently, A participated in a motorcycle robbery. There were 3 people involved in the robbery, sitting in the car and A was in the middle. Not driving nor directly committing the crime but just following. So let me ask A will be subject to the sentence when not enough 15 years old? Look forward to consulting!
Answer by: Legal Specialist – General Construction Issues Department
Under the provisions of Article 20 of the Penal Code, “An accomplice is a case where two or more people intentionally commit the same crime”.
A agrees to participate in the robbery, although A does not directly commit a crime, A will also be prosecuted for criminal responsibility for robbery as an accomplice.
However, because A is less than 15 years old, and applies to the provisions of Clause 2, Article 12 of the Penal Code, A can only be examined for liability if the crime falls into one of the cases specified in Clause 2 or Clause 2 of the Penal Code. 3 or Clause 4, Article 133 of the Penal Code, specifically as follows:
“Article 133. Crime of robbing property
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:
a) In an organized manner;
b) Being of professional character;
c) Dangerous recidivism;
d) Using weapons, means or other dangerous tricks;
dd) Inflicting injury on or causing harm to the health of other persons with an infirmity rate of between 11% and 30%;
e) Appropriating property valued at between fifty million dong and under two hundred million dong;
g) Causing serious consequences.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve and twenty years of imprisonment:
a) Inflicting injury on or causing harm to the health of other persons with an infirmity rate of between 31% and 60%;
b) Appropriating property valued between two hundred million dong and under five hundred million dong;
c) Causing very serious consequences.
4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between eighteen and twenty years of imprisonment, life imprisonment or death:
a) Inflicting injury on or causing harm to the health of other persons with an infirmity rate of 61% or higher or causing human death;
b) Appropriating property valued at five hundred million dong or more;
c) Causing particularly serious consequences.