This is one of the noteworthy contents stipulated in the Draft Resolution guiding Articles 141, 142, 143, 144, 145, 146, and 147 of the Criminal Code 2015 concerning the crimes of Rape and Coercive Sexual Intercourse, which is currently being solicited for feedback by the Supreme People's Court.
Article table of contents
To ensure the prevention of crime and recidivism, when adjudicating cases of sexual abuse, particularly sexual abuse of children, along with applying the principal punishment, the Court must apply additional penalties (such as prohibiting the perpetrator from practicing a certain profession or performing certain work).
The application of the principal punishment to the offender is carried out in accordance with the provisions of Article 50 and other provisions of the Criminal Code but must ensure strictness.
In addition, the Draft also clearly outlines certain circumstances of criminal determination such as:
- "Taking advantage of the victim's inability to defend themselves" as stipulated in Clause 1, Article 141, and Clause 1, Article 142 of the Criminal Code: this refers to when the perpetrator takes advantage of the victim's condition of being sick, injured, in an accident, fainting, unconscious due to the use of stimulants (alcohol, beer, drugs, tranquilizers, or other stimulants), or mental incapacity, leading to an inability to resist, to engage in intercourse or other sexual activities.
- "Other means" as defined in Clause 1, Article 141, and Clause 1, Article 142 of the Criminal Code: these are means other than using force, threatening to use force, or taking advantage of the victim's inability to defend themselves, such as fraud, seduction, intimidation, providing the victim with alcohol, beer, drugs, tranquilizers, stimulants, or other substances to engage in intercourse or other sexual activities.
Regarding certain circumstances for determining the punishment frame, the draft clearly states:
- “Organized” as stipulated in Point a, Clause 2, Articles 141, 146, 147 and Point b, Clause 3, Article 142 of the Criminal Code: this is the form of complicity with close connection and role assignment and arrangement for those involved in committing the crime.
- "Multiple people raping one person" as defined in Point c, Clause 2, Article 141, and Point b, Clause 3, Article 142 of the Criminal Code: this involves two or more persons committing rape against one person. It is also considered "multiple people raping one person" if two or more persons conspire together that they will take turns raping one person, but during the execution of the crime, only one person has committed the act of rape.
It is not considered “multiple people raping one person” if two or more persons conspire together, organize, assist one person among them to commit the rape, and during the crime, only one person commits the rape.
See more details at: Draft Resolution guiding Articles 141, 142, 143, 144, 145, 146, and 147 of the Criminal Code 2015.
- Nguyen Trinh -
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