Challenges in applying Article 136 of the 2015 Criminal Code and recommendations for legal reform

Article 136 of Vietnam’s 2015 Criminal Code, as amended in 2017, establishes criminal liability for intentionally causing bodily injury or harm to another person’s health by exceeding the necessary limits when apprehending an offender. However, its practical application remains inconsistent because of differing interpretations of relevant legal concepts. This study employs qualitative methods, including legal analysis, synthesis, comparative analysis, and case studies, to examine difficulties in applying Article 136. The findings reveal inconsistencies in interpreting the term “offender” and in distinguishing the scope of application between Articles 134 and 136 of the Criminal Code. Based on these findings, the study proposes recommendations to clarify the relevant legal concepts, improve the statutory framework, and promote more consistent application of Article 136 in judicial practice.