What are the penalties for murder of a newborn child in Vietnam? What are judgments related to this crime?

1. What are the penalties for murder of a newborn child in Vietnam?

According to the provisions of Article 124 of the Criminal Code 2015 regarding the crime of murder or abandoning of a newborn child:

- Any mother who, due to the heavy influence of outdated ideology or in special objective circumstances, kills her newborn child within 07 days of birth, shall be sentenced to imprisonment from 06 months to 03 years.

- Any mother who, due to the heavy influence of outdated ideology or in special objective circumstances, abandons her newborn child within 07 days of birth leading to the child's death, shall be sentenced to non-custodial reform for up to 02 years or to imprisonment from 03 months to 02 years.

Thus, a mother who kills her newborn child within 07 days due to heavy influence of outdated ideology or special objective circumstances will be sentenced to imprisonment from 06 months to 03 years. If abandoning the newborn leads to the child's death, the mother may be sentenced to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

2. What are judgments related to the crime of murder of a newborn child in Vietnam?

Judgment 19/2021/HS-ST dated June 30, 2021, regarding the crime of murder of a newborn child

- Summary: Around 5:00 PM on February 2, 2021, Nguyen Thi H experienced abdominal pain and asked her cousin, Nguyen The T2, to drive her to the clinic. At Dr. P's clinic, the doctor was not present but due to the abdominal pain, H went to the restroom and gave birth to a baby boy. Not wanting to stay at the hospital, H was taken back home by a motorbike taxi. As T was unaware of H's unintended pregnancy, if she brought the baby home, T might accuse her of infidelity, so H intended to kill the baby. H took the baby boy to the riverbank and threw him into the XR canal, then walked back home. At that time, Pham Viet T1, who was piloting a boat, saw the baby's blanket and clothes in the river, called out for help, and eventually found the baby’s body around 10:30 PM.

- Verdict: The defendant, Nguyen Thi H, was sentenced to 09 months in prison.

Judgment 95/2019/HSST regarding the crime of murder of a newborn child

- Summary: Dieu Thi Anh X, an ethnic Chau Ro, already had a husband and three daughters. Around September 2018, X discovered she was pregnant but did not inform her family. On March 11, 2019, while working at the factory, X felt back pain, went to the restroom, and gave birth to a 2.9 kg baby boy who was alive. Panicking due to the unexpected birth, family financial difficulties, and fear of affecting her job, X decided to abandon the baby. She found a 47 cm long white elastic fabric in the restroom trash, wrapped it around the baby's neck twice, and tied it. Then, she put the baby in a plastic bag, tied it up, and returned to work. Later, Nguyen Thi L, a janitor, discovered the baby in the trash. Unfortunately, the baby was already deceased.

- Verdict: The defendant, Dieu Thi Anh X, was sentenced to 01 year of imprisonment but suspended, with a probation period of 02 years.

Judgment 11/2019/HS-ST dated April 22, 2019, regarding the crime of abandoning a newborn

- Level of trial: first instance

- Summary: Around 6:30 PM on October 7, 2018, Nguyen Dinh C and Ngo Van D discovered the body of a newborn with the placenta and umbilical cord still attached in a forest of acacia trees in the same village. During the investigation, it was determined that around 9:00 PM on October 5, 2018, Hoang Thi T, who was about 9 months pregnant, felt abdominal pain and went to the forest area about 200 meters from her house to use the restroom. There, she gave birth to a baby boy with the umbilical cord and placenta. After fainting for a while, she touched the back of the baby's head, felt it was soft, panicked, abandoned the baby at the site, and went home without informing her family. The baby's death resulted from her actions.

- Verdict: The defendant, Hoang Thi T, was sentenced to 09 months of imprisonment but suspended, with a probation period of 18 months.

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