According to the provisions of the Criminal Code 2015 in Vietnam, the crime of coercing suicide is one of the crimes of infringing upon human life, health, dignity, and honor. So what is the crime of coercing suicide? And what are penalties for the crime of coercing suicide?
Article table of contents
What is the crime of coercing suicide? Punishment for the crime of coercing suicide in Vietnam
1. What is the crime of coercing suicide?
Currently, Clause 1, Article 130 of the Criminal Code 2015 stipulates that the crime of coercing suicide is understood as: " Any person who cruelly treats, frequently oppresses, abuses or humiliates his/her care-dependent to such an extent that the care-dependent commits suicide"
Regarding the composition of the crime of coercing suicide, there are currently no detailed guidelines, but you can refer to the provisions in Section 4, Chapter II of Resolution 04-HPTPTANDTC/NQ 1986 as follows:
|
+ The subject of this crime is the person on whom the victim is dependent (such as: economic dependence, bound by marriage, blood, nurturing, working, teacher, student, or other relationships, religious beliefs) + The objective side of the crime is: cruel treatment (i.e., treatment of a cruel and cruel nature, such as: beating, causing physical suffering, but not to the extent of causing injury or harm to the health of the dependent); Frequent bullying (unfair treatment, inequality); mistreatment (bad treatment); humiliation (seriously insulting dignity, honor, etc.). Cruel treatment, even if it occurs only once, can cause the victim to commit suicide; and bullying, mistreatment, and humiliation must occur frequently, causing the victim to be tormented with thoughts and feelings, feel trapped, and commit suicide. Although the victim committed suicide and did not die, the defendant was still prosecuted for the crime of coercing suicide. In fact, there are cases where suicidal people's thoughts are quite complicated, such as being sick, experiencing heartbreak, being beaten and cursed by their father, and then committing suicide.Therefore, it is necessary to clearly determine the cause-and-effect relationship between cruel treatment, frequent bullying, abuse, or humiliation and suicide to determine whether there is a crime of coercion or not. + Subjectively: the crime is committed intentionally; the subject is well aware that his or her behavior may lead to the victim committing suicide, not wanting but consciously allowing the consequences to occur (attempted indirect intention), and may also result from intentional acts with unintentional consequences. |
2. Penalties for crime of coercing suicide in Vietnam
According to Article 130 of the Criminal Code 2015, the punishment for the crime of coercing suicide is as follows:
- Any person who cruelly treats, frequently oppresses, abuses or humiliates his/her care-dependent to such an extent that the care-dependent commits suicide shall face a penalty of 02 - 07 years' imprisonment.
- This offence committed in any of the following circumstances carries a penalty of 05 - 12 years' imprisonment:
+ The offence is committed against 02 or more people;
+ The offence is committed against a person aged under 16 or a woman with the full knowledge of her pregnancy.
Thus, if there is an act of cruel treatment, often bullying, mistreating or humiliating a dependent, causing that person to commit suicide, that act violates the criminal law on the crime of coercion.
Quoc Dat
