What crime should be prosecuted for stealing a dog and then killing a person in Vietnam?

What crime should be prosecuted for stealing a dog and then killing a person in Vietnam?

Pursuant to Clause 2, Article 173 of the 2015 Criminal Code as amended by Clause 34, Article 1 of the Law amending the 2017 Criminal Code, regulations on property theft are as follows:

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000;

d) The offender employs a deceitful method or a dangerous method to commit the offence;

dd) The offender attacks other people to escape;

e) The property stolen is national treasure;

g) Dangerous recidivism.

According to this Article, your cousin secretly stole the dog's owner's property and the dog was worth 4,000,000 VND, so he committed the crime of property theft. Your cousin has appropriated the dog, but the victim has not regained the property, has not held the dog, but only hugged your cousin, thus not converting the crime from property theft to robbery against him. Your cousin's behavior is a crime of property theft with the circumstance of "attacking other people to escape". Regarding the act of stabbing the owner to death, the purpose of your cousin carrying a knife was to fight back against the victim when he was discovered stealing and this act was a crime of murder in Vietnam.

Pursuant to Article 2 of Official Dispatch 233/TANDTC-PC 2019 stipulates as follows:

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- In cases where a person performs many acts (a series of acts) continuously, consecutively in time, in which the previous act is a premise and condition for performing the next act, he or she will be prosecuted for criminal liability for many crimes corresponding to each act, if each act has all the elements constituting a crime.

...

Thus, your cousin has committed 2 acts and these 2 acts constitute the respective crimes of property theft and murder in Vietnam.

What crime should be prosecuted for stealing a dog and then killing a person in Vietnam? (Image from the Internet)

What are mitigating factors in Vietnam?

Pursuant to Article 51 of the 2015 Criminal Code as amended by Clause 6, Article 1 of the Law amending the 2017 Criminal Code, it stipulates the following mitigating factors:

1. 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.

Best regards!