07/10/2022 15:07

Lessons on the decision prison sentences for offenders under 18 years old in Vietnam

Lessons on the decision prison sentences for offenders under 18 years old in Vietnam


Through the exercise of the right to prosecute and supervise the appellate trial of the case of Nguyen Cao Minh T and his accomplices, committing the crime of "Murder" and the crime of "Illegal possession and use of military weapons", were the appellate court revised the first-instance judgment because the decision on prison sentences for people under 18 committing crimes is not in accordance with the law, the senior People's Procuracy in Da Nang considers it necessary to notify the following lessons learned:

1.Contents of the case

On the night of November 19, 2020, because of minor conflicts between Vo Tuan Q and Nguyen Xuan H, Nguyen Cao Minh T prepared an AK gun (with a magazine with 04 bullets), Nguyen Duc Viet D got a homemade gun, then with Vo Tuan Q, Pham Hoang A drove a motorbike to find a group of young Vo Lam (group H) to fight. Arriving at the intersection of DD - DT roads, saw a group of young people chasing from behind, suspecting that it was H Ven's group, so Nguyen Cao Minh T took the ammunition box and installed it in the gun, loaded it and fired 2 consecutive shots looking up to the sky; Nguyen Duc Viet D also took out his gun and fired one shot. After shooting, seeing that this group was still chasing, T directed the barrel of the AK gun towards the group of young people behind and fired one shot. The bullet shot by T hit Tran Duc Y, who was driving a motorcycle behind him, in the same direction, causing an injury with a gas-fired stomach puncture wound, with a 32% injury rate.

After committing the crime, T hid the AK gun in a grove of trees by the roadside and phoned Nguyen Thanh G (Ty), Q also left his motorcycle and ran away. Nguyen Duc Viet D and Pham Hoang A went to the location where the AK gun was hidden and put the gun in a black leather bag with 02 sports bullets and 02 AK bullets, took Nguyen Thanh G to hide the gun bag.

2. The process of dealing  the case

The first-instance criminal judgment No. 01/2022/HSST dated January 6, 2022 of the People's Court of province K declared the defendants guilty as follows:

- To apply: Point n Clause 1 Article 123; Point b, s Clause 1, Clause 2, Article 51, Clause 3, Article 57; Article 58; Article 38 of the Criminal Code of Vietnam, sanctioning defendant Nguyen Cao Minh T 14 (fourteen) years in prison for the crime of “Murder”. Application: Clause 1, Article 304; Point s Clause 1 Article 51; Article 38 of the Penal Code, punish defendant Nguyen Cao Minh T 03 (three) years in prison for the crime of "illegally storing and using military weapons". Application of Article 55 of the Penal Code: Summary of penalties for defendant Nguyen Cao Minh T: 17 (seventeen) years in prison.

- To apply: Points n, p, Clause 1, Article 123; Points b and s Clause 1, Clause 2 Article 51, Clause 3 Article 57; Article 58; Article 38 of the Criminal Code of Vietnam, sanctioning defendant Vo Tuan Q 11 (eleven) years in prison for the crime of “Murder”.

- To apply: Point n Clause 1 Article 123; Point s Clause 1, Clause 2 Article 51, Clause 3 Article 57; Article 58; Article 38 of the Criminal Code of Vietnam, sanctioning defendant Pham Hoang A 09 (nine) years in prison for the crime of “Murder”. Application: Clause 1, Article 304; Point s Clause 1, Clause 2 Article 51; Article 38 of the Penal Code, sanctioning defendant Pham Hoang A 22 (twenty-two) months in prison for the crime of "illegal possession of military weapons". Application of Article 55 of the Penal Code: Summary of penalties for defendant Pham Hoang A: 10 (ten) years 10 (ten) months of imprisonment.

- To apply: Point n Clause 1 Article 123; Point s Clause 1 Article 51; Clause 2 Article 101; Clause 3, Article 102; Article 58 of  the Criminal Code of Vietnam, sanctioning defendant Nguyen Duc Viet D 06 (six) years 06 (six) months in prison for the crime of “Murder”. Applying Article 104 of the Penal Code: Summarizing penalties with Judgment No. 67/2021/HS-ST dated June 17, 2021 of the People's Court of K city, defendant Nguyen Duc Viet D must bear the common penalty for both sentences as : 08 (eight) years and 06 (six) months in prison.

- Application: Clause 1, Article 304; Point s Clause 1, Clause 2 Article 51; Article 38 of  the Criminal Code of Vietnam, sanctioning defendant Nguyen Thanh G 24 (twenty-four) months in prison for the crime of "illegal possession of military weapons". The time limit for serving the prison sentence is from the date of arrest and temporary detention on November 30, 2020.

- In addition, the judgment also declares the handling of evidence and court costs and the right to appeal according to the provisions of law.

The Appellate Criminal Judgment No. 66/2022/HS-PT dated March 21, 2022 of the High People's Court in DN accepted the appeal of defendant Nguyen Duc Viet D partially correcting the first-instance judgment No. 01/2022/HSST dated January 6, 2022 of the People's Court of province K. Application: Point n, Clause 1, Article 123; Point s Clause 1 Article 51; Article 57; Clause 2 Article 101; Clause 3, Article 102; Article 58 of the Penal Code, sanctioning defendant Nguyen Duc Viet D 04 (four) years in prison for the crime of “Murder”.

3. Lessons 

The People's Court of province K decided the prison sentence for defendant Nguyen Duc Viet D was not in accordance with the law, because: Nguyen Duc Viet D was only 15 years old 9 months 07 days when he committed the crime with other accomplices in cases of unsatisfactory crimes as prescribed in Article 57 of the Penal Code. The first-instance trial panel sentenced the defendant to 6 years and 6 months in prison for the crime of “Murder” as provided for in Clause 1, Article 123 of the Penal Code, which is a serious violation in the application of the law to trial people from full age. From 14 years old to under 16 years old, committing crimes not yet meeting the provisions of Clause 2, Article 101 and Clause 3, Article 102 of the Penal Code.

Clause 2, Article 101 of the Criminal Code of Vietnam 2015 (amended and supplemented in 2017) stipulates as follows: “For a person who is between full 14 years old and under 16 years old when committing a crime, if the applicable law provides for life imprisonment or death penalty, the punishment is high not more than 12 years imprisonment”;

Clause 3, Article 102 of the Penal Code 2015 (amended and supplemented in 2017) stipulates: “The highest penalty level applied to a person aged between 14 years and under 16 years old who commits a crime not exceeding one third of the high penalty level. Articles 100 and 101 of this Code”.

According to the above regulations, the maximum penalty applied to defendant Nguyen Duc Viet D is 04 years in prison. The first-instance judgment that sentenced the defendant to 6 years and 6 months of imprisonment was beyond the maximum sentence prescribed by law.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

35


Please Login to be able to download
Login
Register

  • Address: 17 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286 (6 lines)
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd
Editorial Director: Mr. Bui Tuong Vu - Tel. (028) 7302 2286
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;