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Case law No. 01/2016/AL regarding the case of “Murder

October 15, 2020 Case Law

Case law No. 01/2016/AL was approved by the Judicial Council of the Supreme People’s Court on April 06, 2016 and promulgated under Decision No. 220/QD-CA dated April 06, 2016 by the Chief Justice of the Supreme People’s Court.

Source of this case law: Cassation Decision No. 04/2014/HS-GDT dated April 16, 2014 issued by the Judicial Council of the Supreme People’s Court regarding the case of “Murder” in which the defendant is Dong Xuan Phuong (born in 1975) who is a construction worker and had arrested since June 22, 2007.  Mr. Nguyen Van Soi (born in 1971) as the victim was dead.

In the criminal case of “Murder” recognized complicity, proof of whether the organizer had subjective consciousness when he paid another person to directly cause injury to the victim instead of killing the victim, i.e. the organizer did demand injuries to non-vital bodily parts such as legs, arms; non-demand for any attack upon/injury to any vital part which may cause death.  The accomplice actually committed the attack in the organizer’s demand but the victim did suffer death, even this incident was out of the organizer’s subjective consciousness. As a consequence, the organizer shall have criminal liability for the crime of “Intentionally cause injury” with the circumstances resulting in a criminal sentence are “cause injury resulting in death”.

Precedent’s keywords: “Murder”; “Intentionally cause injury”; “Cause damage to another person’s health”; “Crimes against human life and health”; “Pay another person/other persons to cause injury”.

 

For Vietnamese: Please click Precedent No.01/2016/AL on the “Murder” case.

For English version: Please contact us via info@letranlaw.com

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