11/06/2022 09:23

05 Judgements for murder and rape

05 Judgements for murder and rape

Murder and Rape fall into the categories of crimes that infringe upon human life, health, dignity and honor as prescribed in the Penal Code and fall into the category of extremely serious crimes. When a person commits these two crimes, the highest punishment he or she must receive may be the death penalty. Today, the crime situation in our country is increasingly complex and tends to become more perverse. Many cases of Murder, Rape that shakes public opinion make people feel horrified and feel deeply the savagery and cold blood of the killer.

In this article, we will learn about the provisions of the law for the two above crimes.

What is Rape?

The Criminal Code 2015 of Vietnam provides for Rape as follows:

- Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 years' imprisonment.

- This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

c) The offence is committed by more than one person against one person;

d) The offence has been committed more than once;

dd) The offence is committed against 02 or more people;

e) The offence is of an incestuous nature;

g) The offence results in the victim's pregnancy;

h) The offence causes 31% - 60% WPI for the victim;

i) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

k) Dangerous recidivism.

- This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence causes ≥ 61% WPI for the victim;

b) The offender commits the offence in the knowledge of his HIV infection;

c) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

d) The offence results in the death or suicide of the victim.

- The offence committed against a person aged from 16 to under 18 carries a penalty of 05 - 10 years' imprisonment.

A person commits the offence in any of the circumstances specified in Clause 2 or Clause 3 shall face corresponding penalties specified in therein.

- The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

For Murder

The law does not specify what is killing, but we can understand that killing is an act of intentionally taking other people's lives unlawfully, violating the right to survival of people.

The Criminal Code 2015 provides for the following offences of murder:

“Article 123. Murder

1. A murderer in any of the cases below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death:

a) Murder of 02 or more people;

b) Murder of a person aged under 16;

c) Murder of a woman with the full knowledge of her pregnancy;

d) Murder of a law enforcement officer in performance of his/her official duties or murder of a person because of his/her official duties;

đ) Murder of the murderer's grandparent, parent, caregiver or teacher;

e) Murder committed right before or after committing a very serious crime or extremely serious crime;

g) Murder for the commission or concealment of another crime;

g) Murder for taking the victim's body parts;

i) Brutal murder;

k) Murder by taking advantage of the murderer's profession;

l) Murder using a method capable of killing many people;

m) Contract killing;

n) Murder of a gangster-like nature;

o) Organized murder;

p) Dangerous recidivism;

q) Murder from despicable motives.

2. Murder in circumstances other than those specified in Clause 1 of this Article carries a penalty of 07 - 15 years' imprisonment.

3. Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.

4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years, face mandatory supervision or prohibition from residence for 01 - 05 years.

Below is a summary of 05 Judgments for Murder and Rape:

1. Judgment No.246/2017/HS-PT dated September 27, 2017 on the murder and rape of children

- Trial level: Appeal

- Trial agency: Superior People's Court in Da Nang

- Summary of the case content: Pham Van D had the intention to have intercourse with his nephew, so he went deep into our coffee shop. Because he thought that T would resist, shout and notify others, D planned to kill him, then did intercourse.  So D walked a little bit, D pressed T on the ground, and at the same time I strangled his right hand, his left hand held his head for about 02 to 03 minutes, then T lay still and did not move. Thought T was dead, D took off his clothes and pulled his pants down and took his penis into T's vagina to have sex, but because T's genitals were small, D couldn't get his penis deep. D immediately put the index finger of the left hand into T's vagina to expand for easy intercourse, then T regained consciousness. Afraid of T screaming, D continued to squeeze his mouth with his right hand, and his left hand took T's shirt and put it in T's mouth. Seeing that T lay still and not moving, D checked for cardiac arrest and found out that T was dead. At this time, D no longer performs sexual acts with T but pulls T's body deep into the coffee. After that, D came back and took his slippers and pants and threw them in the nearby coffee tree and fled.

- Decision of the Court: Statement: Defendant Pham Van D committed the crimes of "Murder" and "Child rape". The general penalty is: Death

2. Judgment on murder and rape No.142/2018 /HS-PT

- Trial level: Appeal

- Trial agency: Superior People's Court in Da Nang

- Summary of the case content: Vo Van T has a desire to have sex with H1. T grabbed her hips with her left hand and made H1 fall on the bed but was resisted by H1. T presses her legs tightly against the wall, her left hand holds her right hand, her right hand covers her nose, her mouth prevents her H1 from screaming and bites her right breast with her mouth. Ms. H1 struggled to resist, using her hand to scratch T, T immediately took the cloth blanket on the bed with two hands tightly against the nose area of Ms. H1's mouth in the direction from top to bottom. When he saw H1 lying motionless, she no longer resisted, T took her hands off and pulled her panties back under her feet, touching her vagina. T sits on her knees at the bottom of her legs, T uses his hands to pull her legs up and pull her shorts down to bring her penis into her vagina and perform sexual intercourse for a while, then ejaculates into her vagina.

Decision of the Court: Statement: Defendant Vo Van T commits the crimes of "Murder" and "Rape. Summary of penalties of the two crimes: 21 (twenty-one) years of imprisonment

3. Judgment No.32/2018/HS-ST dated November 9, 2018 on murder, rape and robbery of property

- Trial level: First instance

- Trial agency: People's Court of Bac Lieu Province

- Summary of the case content: Nguyen A went to the damaged house, Mrs. Le Thi B (born in 1939), looked at the injured lying down without his shirt on the board in the house, under the pillow to have 01 Thai knife, then the defendant got into the damaged wall (curtain) and used his hand to go into the back of the injured's pants, the injured shouted, the accused took the blanket (blanket) while pressing on the injured face, strangling the injured until the injured person no longer moves, the defendant pulls the injured person on the ground and places the injured person on the ground in the middle of the house, the defendant presses on the injured person's face and then takes a pillow under his head, then uses a bib knife to near the middle column of the house, cuts (cuts) across the injured person's neck and presses the knife against the injured person's neck and puts the knife in place The injured person is lying down. The defendant snatched the right earring with his hand, took the right earring and then opened the left earring again, so the defendant left the right earring in the place where the defendant lay, the defendant continued to pick up the bag of damaged pants for 4,000,000 VND and removed the 24k gold ring, weight 01 from the hand of the defendant who was wearing and then put it in the pocket of the defendant's Jeans. Then, the defendant pulls out the victim's pants with his hand and removes the victim's pants to perform the victim's sexual intercourse, then the defendant takes the razor knife and stabs the victim's vagina, then the defendant escapes and is arrested.

 - Decision of the Court: To declare the defendant Nguyen A (Ngong) guilty of "Murder", "Rape" and "Robbery". Summary of penalties: Life imprisonment.

4. Judgment No.336/2019/HSPT dated June 19, 2019 on murder and rape

- Trial level: Appeal

- Trial agency: Superior People's Court in Ho Chi Minh City

- Summary of the case content: Nguyen Minh T after drinking alcohol, there was an intention to rape Ms. Ph. T goes around the back of Mrs. Ph's house, from the back to her right hand clasping her neck and holding her left hand tightly. T continued to pull Mrs. Ph into the toilet, clamping her neck for a while and then she fell backwards with two strong bucket hands, hit her head on the floor of the toilet, T continued to come and use two hands to squeeze her neck, her elbows pressed down on both sides of her chest, and her knees pressed against Ph's thighs. When he saw Ph lying motionless, Tam took off Ph's pants and committed hysterical intercourse until ejaculation. After intercourse, Tam wore T-shirt to go home, while Jean T trousers were left at Ph's house.

- Decision of the Court: Condemning the defendant Nguyen Minh T for "Murder" and "Rape". Penalty Summary: Death

5. Judgment No.35/2019/HS-ST dated November 28, 2019 on rape and murder

- Trial level: First instance

- Trial agency: People's Court of Lai Chau Province

- Summary of the case content: Van M arises from the intention to have sexual relations with Ms. T (who is M's sister-in-law). While T was lying on the bed, M put her left hand on T's shoulder, pushed T back to the bed and sat on T's sister, T pushed M with two hands, and M and T struggled on the bed. Afraid that she screamed would be discovered, M punched her face three times in a row with her right hand, then, with two hands squeezed against her neck, then lifted her neck, shaking three to four times in a row, causing her head to hit the floor. Then M commits the act of sexual intercourse with Ms. T. 's corpse. At this time, DD2 (M's brother) came home, due to the fear of D2 knowing that he killed T, M had the intention to kill D2 and intend to commit suicide but did not succeed.

- Decision of the Court: Declaring the defendant because Van M is guilty of "Rape" and "Murder". Summary of life sentence: Life imprisonment







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