Case law No. 17/2018/AL in regard to the “characteristic of thuggery” in the “Murder” having accomplices
October 15, 2020 Case Law
This case law was approved by the Judicial Council of the Supreme People’s Court on October 17, 2018 and promulgated under Decision No. 269/QD-CA issued by the Chief Justice of the Supreme People’s Court on November 06, 2018.
Source of this case law: Cassasion Decision No. 07/2018/HS-GDT of Judges’ Council, the Supreme People’s Court dated March 20, 2018 regarding the case of “Murder” against the defendant – Nguyen Van H (born in 1977 and lives in A Street, C Town, P District, Thua Thien Hue Province). The victim is Mr. Duong Quang Q.
In the crime recognized the accomplices, because of only trivial conflict, the accomplices upon their organization attacked on the victim for scaring him. When committing the crime, the perpetrator did use a machete and intentionally, repeatedly slash the victim’s head, face, legs and arms; the fact that the victim was not dead was beyond the perpetrator’s subjective intention. The instigator did not present when the perpetrator was committing said crime; and he had no idea about the attack upon vital body parts of the victim, which did by the perpetrator, but intentionally let the consequences happen. In this case, the perpetrator shall be prosecuted for “Murder” with a framing incident as “characteristic of thuggery”. The instigator shall be prosecuted for “Murder” but no applied the “characteristic of thuggery”.