What are penalties for the act of incest in Vietnam? What are judgments on this offense?

Hello, Lawnet would like to respond as follows:

1. What is incest? What are penalties for the act of incest in Vietnam?

Incest can be understood as someone having sexual intercourse with a person whom they know to be of direct bloodline, such as siblings from the same parents, siblings with the same father but different mothers, or siblings with the same mother but different fathers.

According to Article 184 of the Criminal Code 2015 (amended and supplemented in 2017) on the crime of incest:

Anyone who has sexual intercourse with someone they know to be of direct bloodline, such as siblings from the same parents, siblings with the same father but different mothers, or siblings with the same mother but different fathers, shall be imprisoned from 1 to 5 years.

Thus, incest is the act of sexual intercourse between blood relatives, such as father and daughter, siblings, or aunt/uncle and niece/nephew. The crime of incest will be punished with imprisonment ranging from 1 to 5 years.

2. What are judgments related to incest in Vietnam?

Some other cases involving court judgments related to incest have been adjudicated in reality. Please refer to the judgments below:

Judgment on the crime of rape (incest) No. 27/2020/HS-ST

- Level of Trial: First Instance

- Adjudicating Authority: People's Court of Bao Lac District, Cao Bang Province

- Excerpt: "The incident occurred around 1:00 PM on May 29, 2020, when Long Van S committed rape against Long Thi X, the daughter of Long Van T, who is severely intellectually disabled. The act of Long Van S was discovered by Hoang Thi D (mother of Long Thi X) upon returning home. The police conducted a scene examination, collected evidence, and ordered an assessment. The assessment results confirmed that Long Van S (the younger brother of Long Van T) committed rape against Long Thi X. The victim, Long Thi X, is severely intellectually disabled and unable to defend herself. This is an aggravating circumstance for Long Van S’s criminal liability. The prosecutor's office prosecuted Long Van S for the crime of "Rape" according to Clause 4 of Article 141 of the Criminal Code."

Judgment on the crime of raping a person under 16 years old No. 517/2021/HS-PT

- Level of Trial: Appellate

- Adjudicating Authority: People's Court of Higher Level in Ho Chi Minh City

- Excerpt: "In August 2016, the defendant, Huynh Van U, and Nguyen Thi Ut T registered their marriage. After the marriage, T brought her daughter Lương Nhu H, born in 2006, to live with them. From September 2019 to April 2020, the defendant, U, repeatedly engaged in sexual intercourse with H at home when his wife was absent. In August 2020, H discovered she was pregnant and gave birth. Afterward, the family completed the adoption procedure for H's child. In October 2020, when the family asked, H admitted she had repeatedly been raped by the defendant, U, leading to the pregnancy. The family reported the incident to the police. The Supreme People's Court identified that the act of having sexual intercourse with the wife's stepchild had incest. The Higher Level People's Court declared the defendant, Huynh Van U, guilty of "Rape of a person under 16 years old" and "Sexual intercourse with a person from 13 to under 16 years old."

Judgment on the crime of raping a person under 16 years old No. 172/2021/HS-ST

- Level of Trial: First Instance

- Adjudicating Authority: People's Court of Haiphong City

- Excerpt: "Around 6:30 PM on May 17, 2021, the defendant, Nguyen Van A, sexually assaulted Đỗ Thị Thanh C (A's stepdaughter) in the bathroom. Specifically, A groped her breasts, kissed her chest area, touched her genitals, and put his finger into her vagina. When C resisted, A slapped her face and held her head down to the bathroom floor. Then, A removed his clothes and rubbed his penis against C's genitals. When C cried and apologized, A stopped. A's actions infringed upon C's rights to sexual integrity, health, and honor - a person under 16 years old, for whom A had responsibilities to care for and educate. A's actions constituted the crime of "Raping a person under 16 years old" with aggravating circumstances of "having incest" and "against a person the offender had a duty to care for and educate."

Respectfully!

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