Legal answers from the case of an 8th grade male student who was beaten to death in Hanoi

As Dan Tri reported, Truong Van Minh (16 years old, in Long Bien district, Hanoi) is being detained by Long Bien district police on the charge of intentionally causing injury. Minh and his younger brother K. (12 years old) were the ones who assaulted N.H.D. (14 years old, student at Viet Hung Secondary School) resulted in serious brain injury, predicting death.

The case attracted great attention from public opinion. A series of legal questions were raised about the fate of Minh, his younger brother K. as well as Minh’s father, who drove the two brothers to Le Mat communal house yard to assault the 8th grade male student, causing brain death.

The 8th grade male student was determined to be brain dead and kept alive with a ventilator (Photo: Provided by family).

No. The suspect’s legal part

Lawyer Dang Van Cuong (Head of the Legal Law Office of the Hanoi Bar Association) sees from a social perspective that this is a very unfortunate incident when only From a small conflict in everyday life that leads to extremely serious consequences. The fact that a 16-year-old male student was prosecuted and detained by Long Bien District Police is a strong warning to individuals with violent tendencies who like to resolve conflicts with their hands.

Below From a legal perspective, Mr. Cuong acknowledged that with the current details provided by the police, the initial consideration of Minh’s responsibility for the crime of intentionally causing injury under Article 134 of the 2015 Penal Code is well-founded. Next, the investigation agency will continue to consolidate Minh’s testimony and carry out other procedural activities to consolidate documentary evidence to clarify the exact legal responsibility of the young man.

Regarding the age of criminal prosecution, the lawyer said that according to Article 12 of the 2015 Penal Code, people from 14 to under 16 years old must be criminally responsible for the crime of Intentionally causing injury in the case of very serious or especially serious crimes. important. Article 9 of this Code stipulates that very serious crimes are crimes with the highest penalty range from over 7 years to 15 years in prison, and especially serious crimes are crimes with the highest penalty range from above. 15 years in prison to death penalty.

About the penalty, Article 134 of the 2015 Penal Code stipulates that the act of intentionally causing injury is a very serious case if it causes injury to another person of 61% or more. or cause death.

“Circular 22/2019/TT-BYT of the Ministry of Health regulates cases where a person is assaulted leading to traumatic brain injury, causing vegetative-like sequelae, the level of injury. Health damage is determined to be 99%. If the investigation conclusion accurately reflects the available information, that is, D. Assaulted by Minh leading to brain death or even death, the young man’s behavior has enough elements to be classified as a very serious crime according to Clause 3 or Clause 4, Article 134 of the 2015 Penal Code,” Mr. Cuong commented.

According to Clause 3 and Clause 4 of this Article, the applicable penalties are 5-10 years and 7-14 years in prison, respectively. From there, it is necessary to classify 2 cases as follows: If Minh is under 16 years old, based on Article 101 Penal Code 2015 on the application of a penalty equal to half the prison sentence of the prosecuted crime, the maximum applicable penalty is 5 years (clause 3) and 7 years in prison (clause 4). full 16 years old, the maximum penalty applied will be equivalent to 3/4 of the penalty frame of the prosecuted crime, which are 7 years and 6 months in prison and 10 years and 6 months in prison, respectively.

There is a chance Should the department consider the crime of murder?

After the incident, many people expressed outrage and said it was necessary to consider Minh’s responsibility for murder. However, according to the lawyer Luu Thi Kieu Trang (Director of Khai Hoan Tam Law Firm, Hanoi Bar Association) should not rush to accuse an individual of a crime without an official investigation conclusion from the police. The consideration of legal liability needs to be assessed objectively and comprehensively and must be done carefully and meticulously to avoid wrongdoing but at the same time, the crime must not be overlooked based on the principle of respecting documents and evidence obtained during the process. investigation, prosecution, trial.

“In the investigation process, authorities will continue to consolidate MinhK’s testimony. (Minh’s younger brother) Mr. T. (Minh’s father) and related witnesses; Combine procedural activities such as confrontation, field experiments, camera data extraction, case photos, etc. to clarify a series of issues. Of which special attention should be paid to the suspect’s subjective will when performing the act; The method of execution as well as the nature and extent of the consequences that the illegal act causes.

Criminal liability can be mentioned if the act satisfies the constitutive elements such as assault. violently, violently strike with strong force, high intensity, high frequency, continuously, aiming at vital positions with the intention of taking life or not with the intention of killing someone, but being aware that the behavior is dangerous in nature and can cause unfortunate consequences, but still “neglecting serious consequences” analyzed lawyer Trang.

For this case, the available data does not show whether the act has signs of Murder or Intentional Murder. However, in the case of being convicted by the police of the crime of Murder, the penalty will be applied based on the provisions of Articles 101 and 123 of the 2015 Penal Code.

Accordingly, the penalty level for For murder under 16 years old, the maximum penalty can be up to death. However, the maximum penalty applicable to cases where the offender is under 16 years old or from 16 to under 18 years old is 12 years and 18 years, respectively. five years in prison does not apply to the death penalty or life imprisonment.

How to consider the responsibilities of a 12-year-old boy?

About the responsibilities of Minh’s younger brother is K. (12 years old), lawyer Hoang Trong Giap (Director of Hoang Sa Law Firm, Hanoi Bar Association) said that according to Article 12 of the 2015 Penal Code, the minimum age for criminal responsibility is 14 years old. . In cases where people under 14 years old commit acts that show signs of crime, criminal sanctions will not be mentioned. However, local educational measures can be applied.

Specifically, Clause 1, Article 90 of the Law on Handling of Administrative Violations 2012 stipulates that people from 12 to under 14 years old commit acts marked Signs of a very serious intentional crime prescribed in the Penal Code shall be subject to educational measures at communes, wards and towns. According to Clause 1, Article 92 of this Law, if the behavior shows signs of a particularly serious crime, the violator may be sent to a reformatory.

Regarding civil liability according to Article 586 of the 2015 Civil Code, people who have not If a person is 15 years old and causes damage, the parents are responsible for compensating for the damage on their child’s behalf according to the provisions of law.

Comparing the above case, lawyer Giap said that firstly, K. is responsible for being under 14 years old. Criminal matters will not be discussed. However, the authorities will still conduct testimony to verify K.’s role in the case to evaluate the nature and level of this teenager’s behavior. In case the verification results show that K.’s behavior shows signs of a very serious or extremely serious crime, local educational measures can be applied or, more seriously, sent to a reformatory.</p >

Is the suspect’s father jointly responsible?

Regarding the responsibility of suspect Minh’s father, Mr. T.V.T. according to available documents, this person drove Minh and K . Le Mat communal house yard then told the children to go in and see who beat K. When they saw Minh beat D. T. fell to the ground to intervene and then took the children home. Returning to the courtyard, I saw D. showed signs of shock and paleness. T. transported the victim to the emergency room at the hospital.

Commenting on the responsibilities of Mr. T. Lawyer Quach Thanh Luc (Director of Legal Law Firm) looked at admit that there is absolutely no basis to consider criminal liability for Mr. The investigation will continue to conduct professional measures to verify the nature and clarify Mr. T.’s role in the case. Consideration of criminal liability will be mentioned if there is a basis to show that Mr. T. created physical or mental conditions for Minh to commit a crime; knew that Minh committed an act with signs of Murder (if the investigation agency changes the crime to Murder) but hid it and did not denounce or see D. in cases where life is in danger but failure to help leads to fatal consequences.

If it does not fall into the above cases, Mr. T.’s criminal liability will not be discussed.</p >

However, because Mr. T. is Minh’s father, this person is responsible for paying civil compensation to the victim’s family. Compensation will be based on Minh’s existing assets. For the compensation obligation that is beyond the scope of Minh’s asset value, Mr. T. is responsible for compensating on behalf of his son.

Hoang Linh