Headlines 16/10/2019 15:46 CH

Exemption from criminal liability for sex offences against persons under 16 years of age to be granted in following cases

Thu Linh

The Judicial Panel of the People’s Supreme Court issues the Resolution No. 06/2019/NQ-HDTP providing instructions on application of a number of regulations laid down in Articles 141, 142, 143, 144, 145, 146 and 147 of the Criminal Code and adjudication of sex crimes against persons under 18 years of age.

The Resolution prescribes that the following persons will be exempted from criminal legal actions which are prescribed in Article 146 (Molestation of persons under 16 years of age):  

- Persons who directly take care of and educate persons under 10 years of age, patients, disable people, or touch their sensitive sexual organs for non-abusive purposes.

 (Example: parents bath or wash their kids aged under 10; nursery school teachers bath or wash their students, etc.)

- Persons who provide medical examination, treatment and care services; emergency and first aid professionals contacting sensitive sexual or other organs of persons under 16 years of age for non-abusive purposes. 
 
 (Example: physicians examining and treating patients; caring for victims and persons in drowning conditions, etc.)

In addition, persons falling into the following situations will face no criminal legal action against use of persons under 16 years of age for pornographic purposes:

Persons working in such fields as education and healthcare orally talk about human sensitive sexual organs for the purposes of education and medical care.

The Resolution No. 06/2019/NQ-HDTP is entering into force on November 5, 2019.

>> CLICK HERE TO READ THE ARTICLE IN VIETNAMESE

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