Vietnam: Person who uses torture in pregnant women will result in heavier criminal penalties than using torture on normal people?
What is “use of torture”?
Pursuant to Clause 1, Article 373 of the 2015 Criminal Code of Vietnam:
Use of torture in Vietnam
1. Any person who, in the course of proceedings, trial or implementation of measures including mandatory attendance at a correctional institution or rehabilitation center, uses torture or brutally treats or insults another person in any shape or form shall face a penalty of 06 - 36 months' imprisonment.
Thus, use of torture is an act of brutally treating or insulting another person in the course of proceedings, trial or implementation of measures including mandatory attendance at a correctional institution or rehabilitation center.
Vietnam: Person who uses torture in pregnant women will result in heavier criminal penalties than using torture on normal people?
Person who uses torture in pregnant women will result in heavier criminal penalties than using torture on normal people?
Pursuant to Article 373 of the 2015 Criminal Code of Vietnam stipulating as follows:
Use of torture in Vietnam
1. Any person who, in the course of proceedings, trial or implementation of measures including mandatory attendance at a correctional institution or rehabilitation center, uses torture or brutally treats or insults another person in any shape or form shall face a penalty of 06 - 36 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence has been committed more than once;
b) The offence is committed against more than one person;
c) The offence involves deceitful methods;
d) The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, an old and weak person or a person having a serious physical disability or extremely serious physical disability;
dd) The offence causes 11% - 60% WPI for another person.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:
a) The offence causes ≥ 61% WPI for another person;
b) The offence results in the suicide of the tortured person.
4. If the offence results in the death of the tortured person, the offender shall face a penalty of 12 - 20 years' imprisonment or life imprisonment.
5. The offender might also be prohibited from holding certain positions for 01 - 05 years.
Thus, according to regulations, the act of using torture in pregnant women is an aggravating circumstance according to Clause 2 above.
Thus, if using torture in pregnant women, the offenders may be handled with heavier penal liability.
How can persons using torture be prosecuted for penal liability?
Pursuant to Article 373 of the 2015 Criminal Code of Vietnam stipulating as follows:
Use of torture in Vietnam
1. Any person who, in the course of proceedings, trial or implementation of measures including mandatory attendance at a correctional institution or rehabilitation center, uses torture or brutally treats or insults another person in any shape or form shall face a penalty of 06 - 36 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence has been committed more than once;
b) The offence is committed against more than one person;
c) The offence involves deceitful methods;
d) The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, an old and weak person or a person having a serious physical disability or extremely serious physical disability;
dd) The offence causes 11% - 60% WPI for another person.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:
a) The offence causes ≥ 61% WPI for another person;
b) The offence results in the suicide of the tortured person.
4. If the offence results in the death of the tortured person, the offender shall face a penalty of 12 - 20 years' imprisonment or life imprisonment.
5. The offender might also be prohibited from holding certain positions for 01 - 05 years.
Thus, about the penalty frames for the crime of using torture as follows:
- A penalty of 06 - 36 months' imprisonment shall be imposed for useing torture or brutally treating or insulting another person in any shape or form.
- A penalty of 07 - 15 years' imprisonment shall be imposed for any of the following circumstances:
+ The offence has been committed more than once;
+ The offence is committed against more than one person;
+ The offence involves deceitful methods;
+ The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, an old and weak person or a person having a serious physical disability or extremely serious physical disability;
+ The offence causes 11% - 60% WPI for another person.
- A penalty of 07 - 12 years' imprisonment shall be imposed for any of the following circumstances:
+ The offence causes ≥ 61% WPI for another person;
+ The offence results in the suicide of the tortured person.
- A penalty of 12 - 20 years' imprisonment or life imprisonment shall be imposed for the offence which results in the death of the tortured person, the offender shall.
Note: The offender might also be prohibited from holding certain positions for 01 - 05 years.
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