What are the penalties for using poison for murder in Vietnam?

What are the penalties for using poison for murder in Vietnam?

Pursuant to Article 123 of the Criminal Code in 2015 stipulating murder as follows:

1. A murderer in any of the cases below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death:

a) Murder of 02 or more people;

b) Murder of a person aged under 16;

c) Murder of a woman with the full knowledge of her pregnancy;

d) Murder of a law enforcement officer in performance of his/her official duties or murder of a person because of his/her official duties;

dd) Murder of the murderer's grandparent, parent, caregiver or teacher;

e) Murder committed right before or after committing a very serious crime or extremely serious crime;

g) Murder for the commission or concealment of another crime;

g) Murder for taking the victim's body parts;

i) Brutal murder;

k) Murder by taking advantage of the murderer's profession;

l) Murder using a method capable of killing many people;

m) Contract killing;

n) Murder of a gangster-like nature;

o) Organized murder;

p) Dangerous recidivism;

q) Murder from despicable motives.

2. Murder in circumstances other than those specified in Clause 1 of this Article carries a penalty of 07 - 15 years' imprisonment.

3. Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.

4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years, face mandatory supervision or prohibition from residence for 01 - 05 years.

As regulations above, the woman using posion to kill her husband shall be liable to criminal prosecution. Depending on the seriousness of the case, the competent court will decide the punishment for this person. The maximum penalty is the death sentence.

What are the penalties for manslaughter under provocation in Vietnam?

Pursuant to Article 125 of the Criminal Code in 2015 stipulating manslaughter under provocation as follows:

1. Any person who commits manslaughter under provocation because of the victim's serious illegal actions against the perpetrator or the perpetrator’s family shall face a penalty of 06 - 36 months' imprisonment.

2. The manslaughter of 02 or more people under provocation carries a penalty of 03 - 07 years' imprisonment.

As regulations above, any person who commits manslaughter under provocation because of the victim's serious illegal actions shall face a penalty of 06 - 36 months' imprisonment.

What are mitigating factors for murder in Vietnam?

Pursuant to Clause 1 Article 51 of the Criminal Code in 2015 (amended by Article 1 of the Law on amendments to the Criminal Code in 2017), the following circumstances are considered mitigating factors:

a) The offender has prevented or reduced the harm caused by the crime;

b) The offender voluntarily makes rectification, pays damages or relieves the consequences;

c) The crime is considered unjustified force in self-defense;

d) The crime is considered unjustified force in urgent circumstance;

dd) The crime is considered unjustified force in capturing a criminal;

e) The crime is committed under provocation caused by the victim's illegal acts;

g) The crime is committed because of extreme hardship that is not on the offender's account;

h) The crime has not inflicted damage or the damage inflicted is not significant;

i) The offender commits a less serious crime and does not have prior criminal record;

k) The crime is committed because the offender threatened or coerced by others;

l) The offender commits the crime while because of lack of awareness that is not on his/her account;

m) The crime is committed due to obsolescence;

n) The offender is a pregnant woman;

o) The offender is 70 years of age or older;

p) The offender has a serious physical disability or extremely serious physical disability;

g) The offender has a disease that limits his/her awareness or control of his/her acts;

r) The offender turns himself/herself in;

s) The offender expresses cooperative attitude and/or contrition;

t) the offender fully cooperates with responsible for authorities in discovery of crimes or during the investigation;

u) The offender has made reparation in an effort to atone for the crime;

v) The offender is an excellent worker, soldier or student;

x) The offender is revolutionist, parent, spouse or child of a war martyr or war veteran.

As regulations above, the woman can be considered for the above mitigating factors.

Best regards!