What crime is committed by a person who kills someone and burns the body to destroy evidence in Vietnam?

What crime is committed by a person who kills someone and burns the body to destroy evidence in Vietnam?

Pursuant to Article 123 of the Criminal Code 2015, the crime of murder is defined as follows:

1. Anyone who kills a person under any of the following factors shall be sentenced to imprisonment from 12 to 20 years, life imprisonment, or the death penalty:

   a) Murder of 02 or more people;

   b) Murder of a person under 16 years of age;

   c) Murder of a woman known to be pregnant;

   d) Murder of a person performing official duties or because of the victim's official duties;

   dd) Murder of one's grandparents, parents, caregivers, teachers;

   e) Murder in conjunction with committing or immediately after committing another very serious or particularly serious crime;

   g) To carry out or conceal another crime;

   h) To obtain body parts of the victim;

   i) Committing the crime in a barbarous manner;

   k) Using professional skills;

   l) Using methods capable of causing the death of multiple people;

   m) Hiring someone to murder or being hired to murder;

   n) Acting with gangster-like behavior;

   o) Acting in an organized manner;

   p) Dangerous recidivism;

   q) Acting for despicable motives.

2. Committing the crime not under the factors specified in Clause 1 of this Article shall be sentenced to imprisonment from 07 to 15 years.

3. Anyone preparing to commit this crime shall be sentenced to imprisonment from 01 to 05 years.

4. The offender may also be prohibited from practicing certain professions or doing certain jobs for 01 to 05 years, and may be subject to probation or residence ban for 01 to 05 years.

Depending on the process of committing the murder, this individual shall be sentenced to imprisonment from 07 to 20 years, life imprisonment, or the death penalty.

Pursuant to Article 319 of this Code on the crime of infringing upon a corpse, grave, or remains as follows:

1. Any person who digs up, destroys a grave, appropriates objects placed in or on the grave, or has other acts infringing upon a corpse, grave, or remains shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

2. Committing the crime under any of the following factors shall be subject to imprisonment from 02 to 07 years:

   a) Adversely affecting security, social order, and safety;

   b) Appropriating or destroying objects of historical or cultural value;

   c) Acting for despicable motives;

   d) Appropriating parts of the corpse or remains.

Besides the crime of murder, this individual may also commit the crime of infringing upon a corpse, grave, or remains due to the act of burning the body to erase evidence, infringing upon the corpse.

Aggravating factors in criminal offenses in Vietnam

According to Article 52 of the above-mentioned Criminal Code, amended by Clause 2, Article 2 of the Law on Amendments to the Criminal Code 2017, the provisions are as follows:

1. Only the following factors constitute aggravating criminal liability:

   a) Committing the crime in an organized manner;

   b) Committing the crime with professional characteristics;

   c) Abusing one's position or power to commit the crime;

   d) Committing the crime with gangster-like characteristics;

   dd) Acting for despicable motives;

   e) Intentionally carrying out the crime to the end;

   g) Committing the crime 02 or more times;

   h) Recidivism or dangerous recidivism;

   i) Committing the crime against a person under 16 years of age, a pregnant woman, or a person 70 years of age or older;

   k) Committing the crime against a person in a defenseless state, a person with severe disability or particularly severe disability, a person with limited cognition, or a person dependent on oneself in terms of material, spiritual, employment, or other aspects;

   l) Abusing war, emergency situations, natural disasters, epidemics, or other extraordinary difficulties of society to commit the crime;

   m) Using sophisticated, cunning, or brutal tricks to commit the crime;

   n) Using methods or means capable of causing danger to many people to commit the crime;

   o) Inducing a person under 18 years of age to commit the crime;

   p) Acting with cunning or aggression to avoid or conceal the crime.

2. factors specified as constitutive factors or sentencing factors in this Code shall not be considered aggravating factors.

Best regards!