Murder under the 2015 Criminal Code of Vietnam

Murder under the 2015 Criminal Code of Vietnam

Pursuant to Article 123 of the 2015 Criminal Code (effective January 1, 2018):

Anyone who commits murder under any of the following circumstances shall be liable to imprisonment for 12 years to 20 years, life imprisonment, or capital punishment:

a) Killing 02 or more persons;

b) Killing a person under 16 years of age;

c) Killing a pregnant woman who is known to be pregnant;

d) Killing a person who is performing public duties or killing for reasons related to the victim’s public duties;

dd) Killing one’s grandfather, grandmother, father, mother, fosterer, teacher, or instructor;

e) Killing a person immediately before or after committing a very serious crime or especially serious crime;

g) To perform or conceal another crime;

h) To harvest the victim’s body parts;

i) Committing the crime in a barbaric manner;

k) Taking advantage of one's profession;

l) Using a method that can cause death to many people;

m) Killing by hire or hiring someone to kill;

n) Committing the crime with a hooligan motive;

o) Committing the crime in an organized manner;

p) Dangerous recidivism;

q) Killing for vile motives.

2. Anyone who commits the murder not under the circumstances mentioned in Clause 1 of this Article shall be liable to imprisonment for 07 years to 15 years.

3. Anyone who prepares to commit this crime shall be liable to imprisonment for 01 year to 05 years.

4. The offender may also be banned from practicing certain professions or performing certain jobs for 01 year to 05 years, or placed under probation or house arrest for 01 year to 05 years.

From this regulation, it can be seen that the legal signs described in the structure of the crime of murder under Article 123 of the 2015 Criminal Code include:

Object: The object of the crime of murder is the right to be respected and protected regarding human life.

Subject: Anyone with sufficient criminal responsibility capacity.

Objective side: There is an act of causing another person’s death, using any means to cause the death of another person. The act of causing death can be performed through action or inaction.

Subjective side: The intentional fault aimed at killing the victim.

The above is the legal advisory content regarding the crime of murder by the Editorial Board of Legal Secretary. For more detailed understanding of this, you should refer to the 2015 Criminal Code.

Decision on sentences for unsuccessful murder in Vietnam

Pursuant to Clause 3, Article 57 of the aforementioned Code regarding: Decision on sentences for preparation of crimes or unsuccessful crimes as follows:

In the case of an preparation of crimes, if the penalty provided for in the applicable law is life imprisonment or capital punishment, the penalty shall not exceed 20 years of imprisonment; if it is a term of imprisonment, the penalty shall not exceed three-quarters of the maximum penalty provided for in the applicable law.

Sincerely!