Jealousy case severed both hands: If the wife commits adultery, can the husband get a reduced sentence?

On September 15, the Police Investigation Agency of Long Thanh District Police (Dong Nai Province) temporarily detained criminal Thai Xuan Binh (34 years old, local) to investigate the act of intentionally causing injury.

According to the initial investigation, on the afternoon of September 13, due to a jealous conflict, Binh used a knife to slash and cut off both of his wife’s arms, Ms. N.T.T. (born 1995).

Then the 34-year-old man froze Bandaged his wife’s wound and then called relatives to take her to the emergency room. Binh went to the police station and confessed his crime.

The suspect was confronted. What is the sentence?

Assessment on the case that caused confusion in public opinion. Lawyer Dang Van Cuong, Head of the Legal Affairs Office of Chinh Phap, Hanoi Bar Association analyzed: Subject Binh clearly knew the act of using a knife. Bone cutting is a dangerous weapon that can cause damage and even kill the victim. But because of anger and jealousy, the suspect used a knife to slash at his wife, causing the victim’s arms to break, resulting in very serious consequences Such aggressive thuggish behavior, if the victim is not given timely emergency treatment, can lead to death.

The investigating agency will also clarify the slashing position and direction to determine the possibility of murder. In case there are grounds to show that the subject slashed vital parts such as the victim’s head and chest area, but because the victim used his hands to protect him, he did not cut vital parts, the investigating agency will investigate. will prosecute this subject for murder according to the provisions of article 123 of the penal code.

In cases where there are grounds to show that the subject has the intention of killing someone or has used a dangerous weapon to slash at the victim’s vital areas, ignoring the possible fatal consequences, the victim does not die. Due to timely emergency treatment, the investigation agency will also prosecute a criminal case for murder according to the provisions of Article 123 of the penal code.

Thus, the case has grounds to show that If the subject commits an act with the desire to kill the victim or commits an act of slashing the victim’s vital areas, if the victim does not die because he resisted and received timely first aid, this subject will be prosecuted for the crime. murder with many circumstances that aggravate criminal liability such as acts of a hooligan nature or for despicable motives, so the penalty frame will be imprisonment from 12 to 20 years, life imprisonment or death penalty. If the victim does not die, this subject will be considered guilty of an incomplete crime and will face a penalty of not more than 20 years in prison.

Person Can a cheating wife and husband get a reduced sentence?

In this case, cutting off the victim’s hands is a very barbaric and cruel act. If the victim is not treated promptly, he will lose a lot of blood and die. Therefore, the subjective consciousness of the perpetrator will be expressed through objective behavior after committing the act of slashing the victim.

If the perpetrator does not give the victim first aid, do not call an ambulance or obstructing rescuers, it can be determined that the subject intended to kill. The purpose of performing the behavior is not only expressed through words and thoughts but also through specific behavior. Therefore, the position in which the person is slashed, the position in which they want to be slashed, and the attitude after the slash are important factors in determining whether the act is murder or intentional injury.

During the investigation process, the agency The investigation will also clarify whether the victim committed adultery or not as a basis to determine whether this subject’s behavior was a case of strong mental agitation or not. In addition, the authorities will verify the relationship between the victim and the other man to clarify the cause of the crime based on determining whether the victim is partly at fault or not.

However, whether The husband’s suspicion that the victim is unfaithful is not a basis for the subject to commit murder or intentional injury. The act of violating the life and health of the wife in this situation is a violation of the law.

If there is not enough evidence to prosecute the crime of murder, the husband in this case will be criminally prosecuted for intentionally causing injury according to the provisions of Article 134 of the penal code. . The investigation agency will conduct an assessment of the victim’s injuries to determine the consequences of the law violation committed against the victim as a basis for determining the criminal liability of her husband. victim.

First, the investigation agency may initiate a criminal case for intentionally causing injury. During the investigation, the investigation agency will clarify the nature and level of danger of the victim. behavior clarifies possible consequences. In case the results show that the act could lead to death or the subject’s purpose is to kill the victim, the investigation agency will convert the crime to murder according to article 123 of the penal code with a penalty of can range from 12 years to 20 years in prison. The subject will have to face many circumstances that aggravate criminal liability, such as acts of a hooligan nature or despicable motives.

And in cases where there are not enough grounds to handle For the crime of murder, if the victim’s injuries are over 60%, this subject will face a penalty frame of imprisonment from 10 to 15 years according to the provisions of Clause 5, Article 134 of the Penal Code above. According to regulations in Circular 22 of the Ministry of Health, in the case of an amputated arm, the injury rate is over 60%.

The clip shows that the behavior of the perpetrator was very angry and repeatedly held The knife slashed at the victim who was in a defenseless position. Even if the victim admits to having committed adultery, this is not a basis to determine that the victim is partly at fault.

If the victim’s infidelity leads to the subject’s jealousy and incitement Should the act violate the life or health of the victim, this may only be a circumstance to evaluate the nature of the case and not a circumstance mitigating criminal liability. The behavior of the subject who slashed someone while screaming and pleading with the victim made everyone who witnessed it shudder and panic. Therefore, this subject will be subject to severe penalties of the law.