05 judgment on murder between husband and wife

Please refer to the current Vietnamese criminal law as well as some typical judgments below.

According to Article 123 of the Criminal Code 2015 of Vietnam, the penalty for murder will be:

"Article 123. Murder

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;

dd) 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.

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

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

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."

 

Some judgments about wife killing husband, husband killing wife, for your reference:

- 02 judgments on murder - the wife killed the husband

Judgment 11/2021/HS-ST dated May 13, 2021 on murder (unsatisfactory)

"Due to the conflict between Dinh Thi S and her husband, Mr. Hoang Van B, S had cheated on Mr. B. Therfore, she had the intention of killing Mr. B so she could live with another man. On December 7, 2020, Dinh Thi S went to a medical drug store to buy 1 pack of sleeping pills with 10 round, green-colored pills for 25,000 VND. Then, S went to Ms. Vu Thi A's plant protection agent to buy 02 bottles of OWEN brand herbicide for 50,000 VND to bring back and hide behind the house. At about 6:30 p.m. on December 11, 2020, S saw that Mr. B went home drinking, still drunk. After eating, with the intention of killing Mr. B, S gave Mr. B 04 sleeping pills and lied that they were tonics so that Mr. B would accept them. To gain trust, S also took 02 pills (when buying the pills, S was instructed to take 2 pills to support amnesia, so S thought that if the person took 2 pills, they wouldn't die, but if more, the pills would kill them). About 15 min. S lied that "This is vitamin C mixed with rice leaves." Mr. B took a sip and found it bitter, so he stopped drinking. About 15 minutes later, Mr. B felt sick in his stomach and vomited, so he ran out to vomit and then went to Mr. Hoang Van T's shack nearby and called Mr. T: "Help me please, S trick me to drink insecticide" and asked Mr. T to take him to an emergency hospital. At 16:30 on December 16, 2020, Dinh Thi S went to the BT Commune Police to surrender and confess all her actions.

Judgment 69/2019/HS-ST dated 31/07/2019 on murder

"During the process of living together, K and his wife often had conflicts. K was often scolded and beaten by Mr. T after drinking and getting drunk. From November 2018, because Mr. T continued to beat her up many times, demanding money, K gave 1,000,000 VND to her grandson, Bui Van N, born in 2003 and told him to kill Mr. T with a pestle, but N did not hit him and returned the money to K. On January 6, 2019, because Mr. T cursed and insulted her, threw bowls at her because he didn't want K to return to Quang Ninh for her father's death anniversary, so K became so angry and intended to kill Mr. T herself. "

- 03 judgments on murder - the husband killed the wife

Judgment 42/2021/HS-ST on murder

"Defendant AB and his wife, victim YN, live together as husband and wife without marriage registration. At about 11:00 am on March 9, 2021, at his house, while YN was drinking with everyone in the back of the house, AB told YN to bring water to cook rice. YN didn't go but still sat and drank. AB got angry, went inside, and threw a water can and a hoe into the yard. Then AB took a wooden stick 1.56 m long with a diameter of 03 cm at the widest point, held it with two hands and hit it hard on the left side of YN's ribs, causing YN to fall to the ground and scream "it hurts, I can't breathe". After helping YN into the house, AB and YN continued to argue. AB used his right hand under his chin, his left hand on top of YN's head, and used strong force to bend YN's head to the left, then back to the right. As a consequence, YN died from multiple trauma."

Judgment 562/2017/HS-PT dated 22/08/2017 on murder

"Around 10:00 a.m. on April 17, 2013, the family and the public organized a search for Ms. Tan San M who went to work in the fields and did not return home, and they discovered Ms. M's body was buried in the L area of ​​the village. H, L commune, S district, Lai Chau province. On April 5, 2013, Tan A N - M's husband, stated that: "I and M went from home to a corn shack in village N. On April 10, 2013 I told her I wouldn't work and went down to Ms. Tan My D to play, but M refused, so we had an argument and I slapped M 3 times. At around 7:00 a.m. on April 12, 2013, I ate rice with M. After eating, I used a stick to beat corn about 15 kg, then M put about 8 kg of corn into a sack of small white snakes, and took his cloth bag. The Dao people have clothes inside to go home. When M was 10 minutes away, I thought that M had gone back to her mother's house and hadn't come back to my house anymore, so I took a corn threshing stick and left it in the shack to chase my wife angrily. At about 12 o'clock on the same day, I caught up with my wife and asked if I should go back to the T village or to the L village, but she didn't say anything. At about 13 o'clock, when I went to the flat ground, M and I sat down to rest and quarreled again, so I took a stick to beat the corn once to the head and a few times to M's body, then I threw that stick right where I killed M. When M fell, I picked up a stone the size of a rice bowl and hit M in the face repeatedly until she died."

Judgment 236/2021/HS-PT dated April 29, 2021 on murder

Huynh X and Le Thi Kim L are husband and wife living in N City, Khanh Hoa province. While living together, X and L had a conflict, X suspected L having an affair and wanted a divorce from X, so X was jealous and had the intention of killing L. On the morning of September 26, 2020, X went to the Bau market in Ward V, City N, Khanh Hoa province and bought 02 knives about 30 cm long, pointed, black plastic handle (Thailand knife) and brought them back: 01 knife next to the house, the other knife kept in his trouser. At about 11 o'clock the same day, L went home and cooked lunch. X closed the main door, asked L about L's affair, which led to a conflict, and X cursed L. Then, X took a knife from his trouser leg and held it with his right hand and stabbed L's left back twice. L then ran to the front door but fell. X rushed over and used the knife to stab L many times until she lay motionless. Mrs. Tran Thi N, Mr. Huynh T (who is X's mother and younger brother) near X's house, heard the screams and ran to grab the main door to intervene. X took a knife and ran to the right side of the house and stabbed himself many times with a knife to kill himself, but was stopped by Mr. T and Mrs. N. X threw the knife and, together with Mrs. N and Mr. T went to the P commune police station to surrender."

 

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