Collection of judgments on crime of manslaughter under provocation in Vietnam

Hello, Lawnet would like to answer as follows:

The crime of manslaughter under provocation is specified in Article 125 of the Penal Code 2015, as follows:

Article 125. Manslaughter under provocation

1. Any person who commits manslaughter under provocation because of the victim's serious illegal actions against the perpetrator or the perpetrator’s family shall face a penalty of 06 - 36 months' imprisonment.

2. The manslaughter of 02 or more people under provocation carries a penalty of 03 - 07 years' imprisonment.

Below are some judgments on crime of manslaughter under provocation in Vietnam:

1. Judgment on crime of manslaughter under provocation No. 06/2022/HS-PT

- Level of trial: Appellate.

- Judicial agency: High People's Court in Hanoi.

- Quoted content:  "Ly Thi Th and her husband Dang Van Tr are husband and wife, living together and giving birth to 2 children. During the process of living together, Tr often drank alcohol and beat and cursed Th, so Th, his son Dang Van Q, and daughter-in-law Dang Thi Tr1 had to move out of the shack 500 meters away from the main house to live. But Tr still often drank alcohol, beat and cursed Th, so Tr was criticized and reminded many times by the local government. Tr ran up the pond to get a piece of wood, size (length l.06m, largest diameter 6.05cm, smallest 4.45 cm), and turned back to the pond, raising both hands up to shoot Th. At this time, Th and Tr are standing facing each other about 50cm apart, Th goes around behind Tr and snatches the piece of wood from Tr's hand. With both hands holding a piece of wood, one shot in the direction from top to bottom hit the top of his head, causing Tr to fall into the water, his head still protruding above the water. He thought that Tr was pretending, so he held a wooden stick in both hands and shot one more time on the back of Tr's neck. Tr fell face down in the water. He went ashore to get dressed and then called Q down to the pond to carry Tr ashore, brought him home and checked, he was dead, so he changed Tr's clothes.

2. Judgment on crime of manslaughter under provocation No. 764/2022/HS-PT

- Level of trial: Appellate.

- Judicial agency: High People's Court in Ho Chi Minh City.

- Quoted content: "The trial panel found that Nguyen Tan D's initiative to buy acid is a very dangerous chemical stored in a plastic bottle of My Hao brand, and then invited Nguyen Tan L (who is a younger brother) and Truong Tan S to come to Pham Van H's house to collect debts. After being invited by H to go inside the house to talk, D and the victim L had the act of pushing H's neck and stomach with their hands to push H into the wall of the house. While D's right hand is still holding a plastic bottle of My Hao brand, which H knows contains acid inside because Ms. D has informed H before; these acts are all serious illegal acts, leading to the mental state of defendant H being strongly agitated. When H was pushed close to the wall of the house and was in a highly agitated state of mind, he discovered that a Thai knife was available on the plank on the pitcher of filtered water, so the defendant took a knife and used his right hand to stab him forward from the bottom up 01 times into D's right hip; and 01 blow to the left chest of L, who was standing opposite, used his hand to attack the neck and abdomen to press the defendant against the wall of the house, resulting in L's death on the way to the emergency room. The rate of injury for D was 60%. "

3. Judgment on crime of manslaughter under provocation No. 08/2017/HSST

- Level of trial: First instance.

- Judicial agency: People's Court of Hoa Binh province.

- Quoted content: "Around 20:00 on October 29, 2016, District 1 asked to borrow Q's motorbike, and there was a fight between the two sides. Q1 ran home to get a knife, but when she got to the yard, she only saw Ms. Th. Q1 slashed at Ms. Th's right hand. When Q1 and Q were struggling, Mr. Th stood up to prevent Q1 from using a knife to cut Mr. Th's left hand. After being stripped of the knife, Q1 also used his limbs to beat Mr. Th. After being dissuaded by everyone, Q1 went home and Q took his wife to the doctor. On the way, he discovered that he forgot his health insurance card, so he returned home. When he got home, Q saw Q1 struggling and hitting Mr. Th. When he heard Mr. Th say Q1 was trying to kill his son, Dinh Van Q was agitated, ran over to pull Mr. Th up, then pulled out a piece of bamboo pole (a piece of bamboo used as a fence post) using his right hand to hit Q1 in succession from top to bottom, hitting the head and face of Q1. As a result, Q1 is fatal."

4. Judgment on crime of manslaughter under provocation No. 10/2022/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of An Giang province.

- Quoted content: "The defendant is a person who has the capacity to take criminal responsibility and commits the act with intentional error, using a knife as a dangerous weapon; stabbed Ng in the abdomen, which is one of the most dangerous positions on the body, to take Ng's life. However, in this case, it was due to the illegal behavior of Ng's biological son, who regularly cursed at the defendant every day. The defendant has suppressed and oppressed relatively heavily, the incident is repeated, this agitation has been dormant for a long time. By November 19, 2021, Ng's illegal behavior had continued. Ng verbally cursed at the accused, knocked over the tray of rice the defendant was eating with his hands, and hit and strangled the defendant, causing the defendant to be agitated and unable to control himself, leading to criminal acts. Therefore, there is enough evidence to conclude that the defendant's behavior has committed the crime of "manslaughter under provocation".

5. Judgment on crime of manslaughter under provocation No. 42/2022/HS-PT

- Level of trial: Appellate

- Judicial body: High People's Court in Da Nang.

- Quoted content: "Ms. Bui Thi Huyen T and Mr. Truong Nguyen Anh T previously had a husband and wife relationship and divorced in 2018. Although he is divorced from Ms. T, Mr. T still frequents Ms. T's inn, so T knows that T is in love with Nguyen Van N. Around 16:30, on August 3, 2020, knowing that N came to Bui Thi Huyen T's house to play, T immediately came to cause trouble. T was afraid that there would be a conflict, so she told N to hide in the closet and lock the door to avoid T. After entering the house, T suspected that N was hiding in the closet, so T had a glass ready to scare Ms. T into opening the cabinet door, but Ms. T did not open it. Then, N pushed the cabinet door open and stepped out. At this time, T was standing in front of the cabinet, so he rushed to use the glass in his hand to hit N's head, causing bleeding. T and N continued to struggle in front of the wardrobe; N used his right hand to pull out the folding knife that was in his pocket, open the blade with his left hand, the blade facing forward; the right hand holding a knife swings many times towards T's body, causing 03 wounds in T's chest and abdomen area..."

Key word: provocation | in Vietnam | crime | crime of manslaughter | manslaughter under provocation |

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