06/05/2023 15:53

Collection of judgments on the crime of misprision in Vietnam

Collection of  judgments on the crime of misprision in Vietnam

I would like to find some judgments on the crime of misprision in Vietnam. Hope you can help me. Thank you!_Quang Khai (Khanh Hoa)

Hello, Lawnet would like to answer as follows;

The crime of misprision is specified in Clause 5, Article 1 of the Law on Amendments to the Penal Code in 2017, as follows:

Article 19. Misprision

Any person who knows that a crime is being prepared, being carried out, or has been carried out but fails to report it shall bear criminal responsibility for misprision as prescribed in Article 390 hereof.

A person who fails to report the crime shall not bear criminal responsibility as prescribed in Clause 1 of this Article if he/she is a grandparent, parent, child, niece/nephew, sibling, spouse of the offender, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.

If defender of an offender has knowledge of the crime that was committed or participated in by the person he/she defends while performing the defender's duties, the defender shall not bear criminal responsibility as prescribed in Clause 1 of this Article, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.

Here are some judgments on the crime of misprision that you can refer to:

1. Judgment on the crime of misprision No. 38/2022/HS-PT

- Level of trial: Appellate

- Judicial body: Can Tho City People's Court

- Quoted content: "On June 29, 2021, Duong Khanh D, Dao Chi H, and Pham Quoc T were staying at Tran Nhut A's house, planning to rob property. D assigned that when he stopped the car, T held the iron pipe to block the rear of the car, and H held a knife to block the front of the car to get money. At this time, Lieu Rep M heard advice from D, H, and T not to go and rob people, but they did not listen. After about 22:30, T discovered that Mr. Bui Q was driving by and asked D and H to stop the car, using knives and iron pipes to control him and threaten Q, forcing Mr. Q to give up all his possessions. Q hooked it in his right back pocket and gave it to H 150,000 VND. H continued to threaten to have a phone, then gave it, Q begged to let the phone use it again, then H grabbed T's iron tube and hit Q's left shoulder once. At this time, Q had just pulled out his phone from his pocket when D grabbed it and stored it. Lieu Rep. M saw the stolen property but did not report it to the authorities."

2. Judgment on the crime of misprision No. 16/2017/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of Cai Nuoc district, Ca Mau province

- Quoted content: "On September 7, 2009, Tran Van X used a composite shell vehicle and a Kuta 3 machine to practice ferrying passengers. X took Tran Van CH, Trinh Van Th, Co Sinh M, Le Van Bu, and Tran Van D from Cai Nuoc town to Tran Van D's house to go to Nguyen Ke H's house that night to discuss the act of robbery. On September 8, 2009, CH, M, Th, and Bu went to Mr. H's house to control Mr. H and his wife with a knife to rob property. The total value of the assets of Mr. H and Ms. H being robbed is valued at VND 19,427,500. After robbing Bu, Th, M, and CH, each person is divided by 3,000,000 VND, and D and X are divided by 1,000,000 VND each. Then, on September 9, 2009, Ms. Sinh M. went to the police station to surrender. On September 10, 2009, the police agency investigated and arrested Trinh Van Th. On September 18, 2009, Tran Van CH surrendered at the Investigation Agency. As for Le Van Bu, Tran Van D, and Tran Van X, they fled. On September 27, 2010, Bu surrendered, and on September 10, 2014, Tran Van D was arrested and wanted. On August 23, 2015, Tran Van X was arrested by the police under a wanted warrant. However, according to defendant X, during the discussion of property robbery, X did not participate and did not know the amount X was divided as the crime money that he had until he was told about the incident by CH. Therefore, the appellate court declared defendant X guilty of not reporting the crime."

3. Judgment on the crime of misprision No. 12/2017/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of Son La province

- Quoted content: "On the evening of June 26, 2017, Phan Thi Ch1 told Season A Ch2, Mua A S went to receive 40 Heroin pack for Ch1 to transport to Kha Y L. After receiving 40 Heroin packs, Phan Thi Ch1 took one Heroin pack and gave it to K, witnessed by Mua A S (S knows that Ch1 and K are performing the act of buying and selling illegal drugs. But because of the family relationship of Phan Thi Ch1 as aunt, S did not denounce the act of buying and selling illegal drugs of Phan Thi Ch1 and Kha A K). Then K asked Ch1 to give K a knife and a lighter so that K could test heroin. K used a knife to extract some heroin and put it in foil to test it. After checking, K said this was good, then Ch1 took Heroin's cake to take it and K and S went home. On July 2, 2017, Phan Thi Ch1, Mua A Ch2, and Mua A S transported heroin to deliver to K and were caught red-handed."

4. Judgment on the crime of misprision No. 273/2020/HS-PT

- Level of trial: Appellate

- Judicial body: High People's Court in Hanoi

- Quoted content: "Pham Thi H has known C2 since the end of May 2018 and came to live with C2 at C2's house. During her stay at C2's house, Huyen knew that C2 traded drugs with many people because she repeatedly overheard C2 calling to talk to customers about drug dealing. H knows that C2 usually hides drugs in a black cardboard box on the table, but C2 does not allow H to touch or open the cardboard box containing drugs. Among the drug dealers with C2, H knows N and T1. On September 21, 2018, when H was at C2's house, N sent a Zalo message to H's phone, asking H to text C2 about the debt of drug sales between C2 and N. H sent a message back to C2 and took a picture of that content and sent it to C2. H did not know specifically how the drug trade between C2 and N was. Around 2:30 p.m. on September 25, 2018, H went to C2's house to settle a loan between C2, H, and Tuan A1. At about 4 p.m. on the same day, when everyone was talking, the Public Security Agency came to search C2's house and discovered and seized many blue tablets that are drugs (ecstasy). Because H did not participate in C2's illegal drug trade, the investigating agency prosecuted and investigated H for his act of not denouncing the crime."

5. Judgment on the crime of misprision No. 69/2018/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of Vung Tau city, Ba Ria - Vung Tau province

- Quoted content: "At about 4pm on August 10, 2017, Vo Thanh P invited Nguyen Minh T to go to Company T to borrow money from Mr. Nguyen Tien L. Because Mr. L did not have money to lend P, P used his hand and a flashlight to hit his neck and shoulder. His brother, Nguyen Tien L forced Mr. L to give him money and appropriated the amount of 170,000 VND. (After that, P drove a car with T to buy drugs, used 100,000 VND and then used it with T, and with the remaining 70,000 VND, P and T used to drink coffee. On August 4, 2017, P was at home when the police force came to take him to the office to work). Before that, T was not told by P before using force to appropriate Mr. L's money. At that time, T did not have any influence or support for P so that P would appropriate Mr. L's money, but T witnessed the incident from the beginning to the end. Although it is well known that P used his hand and that it is illegal to hit Mr. L with a flashlight and then appropriate Mr. L's property, T still used the money with P and didn't go to the authorities to report the crime."

Hua Le Huy
299


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