23/09/2022 09:08

Vietnam: Distinguish between murder and deliberate infliction of bodily harm upon another person

Vietnam: Distinguish between murder and deliberate infliction of bodily harm upon another person

What are the factors to distinguish between murder and deliberate infliction of bodily harm upon another person? The highest penalty for each crime? Thank you! Ha Giang (Da Nang)

Hello Ms. Giang, for your request, LawNet would like to give you the following information:

Factors to distinguish between murder and deliberate infliction of bodily harm upon another person

Factors


Murder

(Article 123 of the Criminal Code of Vietnam)

 

Deliberate infliction of bodily harm upon another person

(Article 134 of the Criminal Code of Vietnam)

The impact area on body

Usually the important areas such as head, chest, abdomen, nape,...

Usually the areas that do not lead to a fatal danger such as the shoulder, hand, foot,...

Level of attack and intensity

Fast and continuous attack level with strong attack intensity.

The attack level is weaker and intermittent with the attack intensity also lighter.

Purpose of crimes

The consciousness of the criminal is to take life of another person.

The consciousness of the criminal is just to cause injury, not intend to take life of another person.

Fault

The person who commits an offense with intentional guilt.

The person who commits the offence with unintentional guilt for fatal consequences.

Penalties for crime of murder

Pursuant to Article 123 of the Criminal Code 2015 of Vietnam, penalties for crime of murder are stipulated as following:

"Article 123. Murder

1. 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.

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

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

4. 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."

Penalties for crime of deliberate infliction of bodily harm upon another person

Pursuant to Article 134 of the Criminal Code 2015 of Vietnam, penalties for crime of deliberate infliction of bodily harm upon another person are stpulated as following:

"Article 134. Deliberate infliction of bodily harm upon another person

1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 33% WPI or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) A dangerous weapon or method is used to harm 02 or more people;

b) Sulfuric acid (H2SO4) or another hazardous chemical is used to inflict bodily harm upon another person;

c) The act results in a mild handicap of the victim;

d) The offence has been committed more than once;

dd) The offence is committed against 02 or more people;

e) The victim is a person aged under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person;

g) The victim is the offender's grandparent, parent, caregiver or teacher;

h) The offence is committed by an organized group;

i) The offence involves abuse of the offender's position or power;

k) The offence is committed while the offender is kept in temporary detention, serving his/her sentence in a prison or correctional institution or rehabilitation center;

l) The offender hires another person or is hired to inflict bodily harm to the victim;

m) The offence is of a gangster-like nature;

n) Dangerous recidivism;

o) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties;

2. A person who deliberately inflicts bodily harm upon another people and causes 11% - 33% WPI in any of the circumstances specified in Point a, b, d, dd, e, g, h, i, k, l, m, n and o Clause 1 of this Article shall face a penalty of 02 - 05 years' imprisonment.

3. A person who deliberately inflicts bodily harm upon another people and causes 31% - 60% WPI shall face a penalty of 04 07 years' imprisonment.

4. A person who deliberately inflicts bodily harm upon another people and causes 31% - 60% WPI in any of the circumstances specified in Point a, b, d, dd, e, g, h, i, k, l, m, n and o Clause 1 of this Article shall face a penalty of 07 - 12 years' imprisonment.

5. A person who deliberately inflicts bodily harm upon another person and causes ≥ 61% WPI, except for the case in Point c Clause 6 of this Article or the death of the victim shall face a penalty of 10 - 15 years' imprisonment.

6. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence results in the death of 02 or more people;

b) The offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61% WPI;

c) The offence results in injuries to the victim’s face and causes ≥ 61% WPI;

7. Any person who makes preparation for the commission of this offence shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment."

Nguyen Sang
91


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