Collection of judgments on trespassing on graves and remains in Vietnam

Hello, Lawnet to send you some judgments about the crime of trespassing the following graves and remains:

1. Judgment on trespassing on graves and remains No. 13/2021/HSST

- Level of trial: First instance

- Judicial body: People's Court of Truc Ninh district, Nam Dinh province.

- Quoted content: "Vu Trong T manages 01 tomb (unnamed) next to the tomb that Mr. Q's family buried outside the mausoleum; T believes that this tomb is not of Mr. Q's family, but of a person in the Pham family of Mrs. Pham Thi G (who is T's biological mother). T wants to move this tomb and the one next to it managed by T to the land near the tomb of T's father, Mr. Vu Van T, for convenience. T repeatedly asked Mr. Q's family for permission to relocate, but Mr. Q's family did not agree. Although he was rejected by Mr. Q's family, T still wanted to move the grave on December 13, 2020; T took the apricot to go alone to the cemetery of village A, commune T, and district T, and then used the apricot trap to destroy the mound and bricks surrounding the tomb..."

- Results of settlement: Vu Trong T was sentenced to 9 months in prison, but given a suspended sentence, probation period of 18 months.

2. Judgment 29a/2018/HSPT dated 04/04/2018 on the crime of trespassing on graves

- Level of trial: Appellate.

- Judicial body: People's Court of Hai Duong province.

- Quoted content: "Around May 2017, Vu Thi Thu H visited her husband, Nguyen The S, born in 1980, who is being held in detention at the Hai Duong Provincial Police Detention Center. During the conversation, H saw S saying, "Mr. K, his roommate, said that a cousin near the house named Cap Thi C died early, and when he died, the family buried a set of gold jewelry". Because of the need for money, when hearing this, H had the intention to dig the grave of Cap Thi C, born in 1986, who died in 2002, and was buried in the cemetery of residential area L, ward H, town C, Hai Duong province, to get the gold in the grave. After visiting her husband, H took a taxi from H city to the area of Ward H, Town C, Hai Duong province, to find the grave of Mrs. Cap Thi C. H called Do Van T to dig the grave for him and asked him to call more people to dig the grave with him, T agreed..."

- Results of settlement: Sentencing defendant Vu Thi Thu H 09 (nine) months in prison for trespassing graves, with 06 days of temporary detention deducted.

3. Judgment 36/2019/HS-PT dated May 7, 2019 for trespassing on bodies, graves, and remains

- Level of trial: Appellate.

- Judicial body: People's Court of Ben Tre province.

- Quoted content: "In early 2016, T's parents asked Ms. Le Thi B to remove the remains and move Mr. H's grave so that T could use the land to build a house, but Ms. B's family did not agree; therefore, the People's Committee of Ward P instructed T to file a lawsuit with the People's Court of City B. However, T did not initiate a lawsuit, but on May 19, 2017 of the lunar calendar, T asked Mr. T to hire Mr. Nguyen Van H1 and a person named D (whose identity is unknown, hired by Mr. H) to dig the grave, Pick up Mr. H's remains and bring them to the T box camp in Ward 5, City B, and burn the ashes. After that, Mr. H1 handed over the urn containing Mr. H's ashes to T, and T brought Mr. H's urn and sent it to the V pagoda in town C, district C, Ben Tre province. By about 7/2017, Ms. Pham Cam V (Mr. H's son) discovered that T had arbitrarily removed Mr. H's bones, so she made an application to the Investigative Agency - Police of City B, to request criminal handling of T. "

- Results of settlement: Sentencing defendant Le Diem T 06 (six) months in prison for "Criminal trespassing on bodies, graves and remains".

4. Judgment 74/2020/HS-ST dated August 31, 2020 on the crime of trespassing on remains

- Level of trial: First instance.

- Judicial agency: People's Court of Go Dau district, Tay Ninh province.

- Quoted content: "About February 2019, before he died of illness, Mr. X told his wife about the above agreement and said that he was asking a friend to work in customs to find a buyer for the remains of US soldiers to sell to make a profit but could not find it, and at the same time pointed out the place for 02 sets of remains in a bag hidden in a lake in the house and told them when someone came to receive it, they should return it. Around March 2019, an unidentified man came to the defendant, claimed to be Mr. X's friend, and asked the defendant to hand over the remains of US soldiers to the army, so they would be paid for storage; but V didn't believe it, so he didn't deliver but rescheduled. After that, the defendant searched in the lake and found 02 sets of human remains in a bag. He also discovered seven other sets of human remains in a nylon bag and nylon bag, and many metal tags. The defendant continued to hide those 07 sets of remains while waiting for the other man to come and take the 2 sets of remains in his bag to hide in the trash pit in the melaleuca area near V's house.

- Results of settlement: Declare defendant Cao Thi Cam V guilty of "infringing upon remains". Sanctions: Defendant Cao Thi Cam V received a suspended sentence of 6 months in prison.

5. Judgment on trespassing graves No. 163/2022/HS-PT

- Level of trial: Appellate.

- Judicial agency: People's Court of Tien Giang province.

- Quoting the content: "On August 22, 2019, defendant Nguyen Thi Be N transferred to Mrs. Nguyen Thi D, born in 1973, her permanent address at 298 National Highway A, Quarter 3, Ward B, City TD, Ho Chi Minh City, land plot No. 14XX, map sheet No. 01 with an area of 1425 m2, located in BT hamlet, B commune, T district, Tien Giang province. On the parcel of land, there are 03 graves, of which defendant Be N has agreed with his relatives to move 02 graves to the defendant's land for burial, the rest of the grave of Mrs. Because she promised Mrs. D that she would negotiate with her relatives to relocate the graves to allocate land, she could not come to an agreement with Mrs. Le Thi L's relatives, so on April 11, 2021, the defendant arbitrarily hired 06 people to destroy the grave to move it to the defendant's home land. Nguyen Cong T, born in 1971, addresses H hamlet, D commune, T district, Tien Giang province. A relative who is managing the grave, discovered and prevented him, and he reported it to the police.

- Results of settlement: Declare defendant Nguyen Thi Be N guilty of "infringing graves".

6. Judgment on the crime of trespassing graves and remains No. 11/2022/HS-ST

- Level of trial: First instance.

- Judicial body: People's Court of Nga Son district, Thanh Hoa province.

- Quoted content: "Because she once met and fell in love with Nguyen Thi H, born in 2006, in Thuong hamlet, Th commune, district N, when she heard that her grandson H died in a traffic accident (April 2, 2021). , T came to attend the funeral ceremony of grandson H at the cemetery in Thuong village, Th commune. Around September 2021, T remembers, thinks of, and dreams of grandson H coming back to tell T about saving him, so T has the intention to dig up grandson H's grave and bring it home to worship. So for about 24 hours on September 16, 2021, Do Van T took from home 01 iron crowbar, 01 red plastic box, and 01 black purple Xphone mobile phone from T to check the time and light the way, then ride a bicycle alone inside the hearse garage (outside the gate, to the left of the gate in the direction of entry), and then climb through the gate to go inside the cemetery in Thuong village, Th commune; using the light of the Xphone mobile phone to search for grandson H's grave. After seeing his grandson H's grave, T began to use a crowbar to dig an earthen grave on the grave."

- Results of settlement: Statement: Defendant Do Van T committed the crime of "Infringing graves and remains". Sanction: Defendant Do Van T 15 months in prison, suspended.

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