Identifying the crime of manslaughter under provocation can be done through the following signs:
Subject: A person aged 16 years or older, fully capable of taking criminal responsibility.
A special sign of the subject in this crime is that they must be in a state of intense mental agitation when committing the criminal act (when deliberately taking another person's life).
Object: The person has infringed upon the relationship related to the human life protected by criminal law, the right to life protected by law.
Objective Aspect: The objective act of the crime "manslaughter under provocation" is the act of taking the life of the person who caused the perpetrator to fall into a state of intense mental agitation due to the victim's serious unlawful acts. The acts of taking life can include stabbing, cutting, shooting...
Consequences: Resulting in death. The victim of the crime is the person who caused the perpetrator to fall into a state of intense mental agitation.
Subjective Aspect: The fault of the perpetrator can be either direct intent or indirect intent.
The penalties for manslaughter under provocation is regulated under Article 125 of the Criminal Code of Vietnam 2015 (amended in 2017) as follows:
- Level 1: Imprisonment from 06 months to 03 years: Anyone who commits manslaughter under provocation due to the serious unlawful acts of the victim against them or their relatives.
- Level 2: Imprisonment from 03 years to 07 years: Committing the crime against 02 or more persons.
Below is a compilation of judgments on manslaughter under provocation:
No. | Judgment Title | Issuance Date | Court |
---|---|---|---|
1 | Judgment on manslaughter under provocation No. 06/2022/HS-PT | January 07, 2022 | High People's Court in Hanoi |
2 | Judgment on manslaughter under provocation No. 409/2021/HS-PT | November 17, 2021 | High People's Court in Ho Chi Minh City |
3 | Judgment on manslaughter under provocation No. 764/2022/HS-PT | October 10, 2022 | High People's Court in Ho Chi Minh City |
4 | Judgment on manslaughter under provocation No. 27/2021/HS-ST | August 11, 2021 | People's Court of Quang Ngai Province |
5 | Judgment on manslaughter under provocation No. 08/2017/HS-ST | April 20, 2017 | People's Court of Hoa Binh Province |
6 | Judgment 07/2020/HS-ST on manslaughter under provocation | May 25, 2020 | People's Court of Soc Trang Province |
7 | Judgment on manslaughter under provocation No. 10/2022/HS-ST | March 25, 2022 | People's Court of An Giang Province |
8 | Judgment 11/2021/HS-ST on manslaughter under provocation | March 22, 2021 | People's Court of Thai Nguyen Province |
9 | Judgment on manslaughter under provocation No. 42/2022/HS-PT | March 09, 2022 | High People's Court in Da Nang |
10 | Judgment 33/2020/HS-ST on manslaughter under provocation | September 14, 2020 | People's Court of Lao Cai Province |
11 | Judgment 90/2021/HS-PT on manslaughter under provocation | January 21, 2021 | High People's Court in Da Nang |
12 | Judgment 49/2019/HS-ST on manslaughter under provocation | October 08, 2019 | People's Court of Lang Son Province |
13 | Judgment 128/2021/HS-PT on manslaughter under provocation | March 26, 2021 | High People's Court in Hanoi |
14 | Judgment 216/2018/HS-PT on manslaughter under provocation | April 16, 2018 | High People's Court in Ho Chi Minh City |
15 | Judgment 200/2017/HS-PT on manslaughter under provocation | August 10, 2017 | High People's Court in Da Nang |
16 | Judgment 123/2017/HS-ST on manslaughter under provocation | December 14, 2017 | People's Court of Lang Son Province |
17 | Judgment on manslaughter under provocation No. 08/2017/HS-ST | April 20, 2017 | People's Court of Hoa Binh Province |
18 | Judgment 47/2017/HS-ST on manslaughter under provocation | September 14, 2017 | People's Court of Dak Lak Province |
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