What are penalties for the crime of threat of murder in Vietnam? What are judgments on this offense?

Hello, Lawnet would like to respond as follows:

1. What are penalties for the crime of threat of murder in Vietnam?

Threat of murder can be understood as the act of threatening to assault or kill someone with the aim of causing fear and anxiety to the victim.

An example of a threat of murder could be:

Mr. A and Mr. B had a prior dispute over a business issue. One day, Mr. A called Mr. B and said, "Hey, listen here, if you dare to make things difficult for me again, don't blame me for not being lenient. I will send people to your house to kill everyone, ensuring you won't see the light of day tomorrow."

In this case, Mr. A's threat to "send people to the house to kill everyone" directed at Mr. B and his family is a clear act of threat of murder. This causes fear and anxiety for Mr. B about the possibility of being harmed.

According to the provisions of Article 133 of the Vietnam Criminal Code 2015 (amended and supplemented in 2017) regarding the crime of threat of murder as follows:

- Basic penalty framework: Reform without detention for up to 3 years or imprisonment from 6 months to 3 years: Any person who threatens to kill, if there are grounds to make the threatened person fear that the threat will be carried out.

- Aggravated penalty framework: Imprisonment from 2 years to 7 years: Committing the crime in one of the following cases:

+ Against 2 or more people;

+ Abusing positions and powers;

+ Against a person on public duty or for reasons relating to the public duty of the victim;

+ Against a person under 16 years old;

+ To conceal or avoid handling of another crime.

Thus, depending on the nature and seriousness of the act, the person committing the crime of threat of murder can be subject to reform without detention for up to 3 years or imprisonment from 6 months to 7 years.

2. What are judgments on the crime of threat of murder in Vietnam?

Judgment on the crime of threat of murder No. 124/2022/HS-ST

- Trial level: First instance

- Adjudicating body: People's Court of District G, Hanoi

- Cited content: On March 26, 2022, at the apartment of Ms. Hoang Ngoc Y, due to a dispute, the defendant, Mai Nam H, poured gasoline (a flammable liquid) in the living room, near the gas stove, wetting furniture and splashing it on Ms. Y to threaten her, causing Ms. Y to be frightened and shout for help.

The court recognized that the defendant's act was enough to constitute the crime of "threat of murder" according to Article 133 of the Criminal Code.

The defendant was sentenced to 12 months in prison but given a suspended sentence, with a probation period of 24 months from the date of the verdict. The defendant must bear a court fee of 200,000 VND.

Judgment on the crime of threat of murder No. 20/2022/HS-PT

- Trial level: Appellate

- Adjudicating body: People's Court of Ha Tinh Province

- Cited content: “Mr. Nguyen Viet Ch is an Investigator of the Ha Tinh Provincial Police assigned to handle the criminal complaint provided by Le Van H. During the processing of the complaint, H did not agree with the outcome, so he bore a grudge against Mr. Ch. From December 2020 to March 2021, H repeatedly called and threatened to kill Mr. Ch, saying 'Remember your life, remember to keep your life, damn you remember.' To continue the threatening act, H hired Luu Dinh L and Phan Dang Th to throw three Molotov cocktails into Mr. Nguyen Viet Ch's house. This threatening act by Le Van H, Luu Dinh L, and Phan Dang Th caused Mr. Nguyen Viet Ch to fear for his life, creating a terrified psychological state. His family was also affected, his wife did not dare to go to work and had to stay home to watch over the children, getting relatives to stay over for fear, etc.”

Judgment on the crime of threat of murder No. 52/2022/HS-PT

- Trial level: Appellate

- Adjudicating body: People's Court of Quang Ngai Province

- Cited content: “On September 10, 2021, Mr. Pham Ngoc V sent goods to Ho Chi Minh City through a receiving point of the VP Transport Company, Quang Ngai City but later additional shipping fees arose. Around 8:20 AM on September 12, 2021, Mr. V called the number of Ngo Nhat T, the manager of VP Company, to ask why additional fees occurred, resulting in an argument. T agreed to meet V at the receiving point in Nghia Chanh Ward to resolve the issue. After that, T drove a motorbike carrying Cao Kien T3, an employee of VP Company, to the receiving point. Upon arrival, T used his left hand to choke V while with his right hand he took out from his back pocket a 9mm P.A.K Ekol Volga model gun, loaded with 5 bullets, and pointed the gun at the back of V's head, threatening to shoot V. Then T fired one shot into the air, prompting Mr. Ngo K, Mr. Cao Kien T3, and Mr. Le Quang T4 to intervene, causing T to flee on his motorbike. At noon on the same day, T surrendered himself to the Investigation Agency - Quang Ngai City Police.”

Respectfully!

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