Criminal Liability Exclusion: Theory, Current Legal Framework of the Criminal Code 2015 and Recommendations for Law Reform

Abstract

Vietnamese Criminal Law stipulates the criminal liability exclusion, which is important to distinguish between non-criminal cases where criminal liability is excluded and criminal cases where criminal liability is applicable. Hence, in order to raise legal scholarly understanding, as well as to contribute to the fight against crime, respect and protect human rights, the article continues to clarify the concept, nature, and characteristics of the criminal liability exclusion, and assess the current provisions of the 2015 Criminal Code on cases where criminal liability is excluded. Finally, the author proposes recommendations for the law reform regarding criminal liability exclusion.