Legal issues in the case of a naked female body in a sack

As reported by Dan Tri, on the afternoon of June 10, people discovered the body of a woman wrapped in a pineapple bag, placed in front of the house at 292A Da Phuc Street, Da Phuc Ward, Duong Kinh District, Hai City. Room.

Receiving the news, the police verified and identified the victim as Ms. V.H.A. (29 years old, in Kien Thuy district, Hai Phong). The victim died in an unclothed position, wrapped in a pineapple bag, with his hands tied forward and with a wound in the skull. The suspect is Hoang Huu Thinh (43 years old, in Le Chan district, Hai Phong), who had a relationship with Ms. A. recently.

Following the incident, readers Dan Tri asked the question, how could Thinh be handled according to the law? What issues need to be clarified to determine the legal responsibility of this subject?

Two issues need to be clarified

Having participated in the investigation of many criminal cases, Lawyer Hoang Ngoc Bien (Former Senior Criminal Investigator of the Ministry of National Defense) recognizes that this is a particularly serious case.

With a series of noteworthy details such as the corpse being discovered in a naked state; There was a wound in the skull and the victim had been in a relationship with the suspect. The former investigator hypothesized that this could be a murder accompanied by acts such as rape or robbery. However, to support these comments, he believes that there are two legal issues that need to be clarified as follows:

Firstabout the body being discovered in a nude state. Attorney Bien believes that it is necessary to conduct an examination of private areas to determine whether the victim was raped before death or not.

“If the examination results show that there is semen in the victim’s private area or there are bruises and scratches on the body of the victim and the suspect. of a struggle, the incident may have signs of Rape. Normally, it is not easy to completely remove a person’s clothes if they do not agree.

Therefore, if you fall into this situation, the possibility of the suspect exerting an external force on the victim cannot be ruled out. fainting or death before sexual intercourse. The autopsy results will be material evidence to incriminate the suspect,” the former investigator analyzed.

Second for the skull injury of The victim’s former investigator said that with the current information, it was too early to confirm that suspect Thinh had committed murder. He said it was necessary to clarify a series of factors such as the cause of the traumatic brain injury What is the mechanism of wound formation? If there is an impact by external force from the suspect, is the attack by hand or weapon and where is the impact location…

In addition, it is necessary to clarify the reason for the suspect’s actions when attacking the victim, whether it was to take the victim’s life or not. Otherwise, they just fight out of anger stemming from a sexual conflict between two people. In addition, the suspect’s method, nature, and intensity of the attack was of a dangerous nature, directly endangering the victim’s life or not.

With many years of experience in investigative activities, lawyer Bien judged There are two possible situations as follows:

First, the suspect struggled or attacked, causing the victim to fall and hit his head on a hard object, leading to a traumatic brain injury. If this case occurs, Thinh can be prosecuted for the crime of Intentionally causing injury with the framing of death according to Article 134 of the 2015 Penal Code.

Second, the suspect used a weapon to attack directly into the victim’s head area or use your hands to attack but impacting 3 dangerous areas that can lead to death: the occipital area on top of the head; the parotid temporal region and the back of the neck. Then, according to legal science, whether Thinh had the subjective will to deprive the victim’s life or not, this is still an act with signs of Murder under Article 123 of the 2015 Penal Code.

How can the suspect be handled?

From the above analysis, lawyer Bien believes that if determined guilty, Thinh can face a maximum of 2 crimes at the same time: Rape Rape and Murder/Intentional injury.

For the crime of Rape, Article 141 of the 2015 Penal Code stipulates that the penalty for the offender will be 2-7 years in prison. In case the act causes the victim to die or commit suicide, the applicable penalty frame will be 12-20 years in prison.

For the crime of Murder, the penalty frame for the offender will be 7-15 years in prison. In cases where the suspect commits an act falling within the framing circumstances such as murder but is immediately preceded or immediately followed by a very serious crime or a particularly serious crime; to commit or conceal other crimes or for despicable motives according to Clause 1, Article 123 of the 2015 Penal Code, the highest sentence the suspect faces may be death.

In the case of the police determine that the suspect is not guilty of Murder but only guilty of Intentionally causing injury with the framing of death. Pursuant to Clause 4, Article 134 of the 2015 Penal Code, the applicable penalty for this subject will be 7-14 years. prison.

Hoang Dieu