Guidelines for applying the crime of threat of murder under Article 133 of Criminal Code in Vietnam

Guidelines for applying the crime of threat of murder under Article 133 of Criminal Code in Vietnam (Internet image)

1. Crime of threat of murder under Article 133 of the Criminal Code of Vietnam

Threat of murder can be understood as behavior that causes others to fear that the person making the threat will commit murder.

Article 133 of the Criminal Code 2015 provides for the crime of threat of murder as follows:

- A person who threatens to commit a murder shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment if there are grounds for the threatened person to believe that the threat is likely to be carried out.

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

= The offence is committed against 02 or more people;

=The offence involves abuse of the offender's position or power;

= The threat is made against a law enforcement officer in performance of his/her official duties or because of his/her official duties;

= The threat is made against a person aged under 16;

= The threat is meant to conceal another criminal offence or avoid punishment for such offence.

2. Regulations on the application of the crime of threat of murder according to Article 133 of the Criminal Code.

The application of the crime of threat of murder can be found in Chapter 2 of Resolution 04-HDPTPTANDTC/NQ dated November 29, 1986, as follows:

- The crime of threat of murder must have two compulsory signs: the act of threat of murder; and there are grounds to cause the person threatened to fear that the threat will be carried out.

- It must be determined that the act of threat of murder is real (such as: directly saying that he will kill, holding up a means such as a gun or a knife to threaten) and we must consider "the grounds that make the person threatened with fear...", objectively and comprehensively as:

+ Time;

+ Circumstances;

+ Event location;

+ The root cause (if any) and the immediate cause of the incident

+ The relationship between the threatening party and the threatened party (in terms of physical strength, age, education level, etc.).

Normally, everyone must be concerned about the threat (in terms of fitness, age, qualifications, and so on), butIf it is common sense to worry that the threat will be carried out, then it is a case of well-founded anxiety.

If there is also an act of preparing to kill the threat (such as sharpening knives, cleaning guns, etc.), then those acts will be handled for murder (at the preparatory stage). If after threat of murder the threatened person, then handle the crime of murder.

If they threaten to kill people in order to oppose law enforcement officers, they will be prosecuted for resisting law enforcement officers but not for threat of murder.

3. Constituting the crime of threat of murder according to Article 133 of Criminal Code of Vietnam

* On the objective side of the crime:

- Regarding acts: The offender has committed the act of unlawfully threat of murder the victim. This threatening behavior can be done in words, actions, gestures... not for the purpose of killing the victim, but only to make the victim worry and fear, forming in the mind that the victim The offender will commit the act of killing the victim as threatened.

- In terms of consequences: causing anxiety and fear for the victim; the victim really believes that the threatening behavior will be carried out by the offender.

* Subjective aspects of crime:

- About the fault: The person who performed the act did so due to a direct unintentional error.

The offender is well aware that his act is to threaten the victim, make the victim fear that may lead to consequences such as a threat, foresee the consequences of that act and want such consequences to occur;

- Purpose of the offense: to intimidate the victim into doing or not doing something.

* Objects of crime:

Crimes that infringe on relationships related to people's right to life are protected by law.

* Subject of crime:

- Persons who have full criminal responsibility capacity.

Quoc Dat

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