In Vietnam, is it a crime to kill people and burn bodies without funerals?

Nội dung chính

• In Vietnam, what is the crime of killing people and burning bodies?
• In Vietnam, what are the aggravating circumstances when committing a criminal offence?

In Vietnam, what is the crime of killing people and burning bodies?

Pursuant to Article 123 of the 2015 Penal Code, the crime of murder is as follows:

1. Those who commit murder in one of the following circumstances shall be sentenced to between 12 and 20 years of imprisonment, life imprisonment or capital punishment:

a) Killing 02 or more people;

b) Murder of a person under the age of 16;

c) Killing women knowing they are pregnant;

d) Murder of a person on duty or for reasons of the victim's official duty;

d) Killing one's grandfather, grandmother, father, mother, nurturer, teacher, teacher;

e) Murder committed immediately before or immediately after the commission of a very serious crime or a particularly serious crime;

g) To commit or conceal another crime;

h) To take the victim's body parts;

i) Committing the crime in a barbaric manner;

k) By taking advantage of profession;

l) By a method capable of killing many people;

m) Hire to kill or kill tenants;

n) Having a thug character;

o) Organized;

p) Dangerous recidivism;

q) Because of despicable motives.

2. Committing the crime not in the cases specified in Clause 1 of this Article, the offenders shall be sentenced to between 07 and 15 years of imprisonment.

3. Those who prepare to commit this crime shall be sentenced to between 01 and 05 years of imprisonment.

4. Offenders may also be banned from practicing certain occupations or doing certain jobs for 1 to 5 years, subject to probation or banned from residence for 1 to 5 years.

Accordingly, depending on the process of committing the murder, this person will be sentenced to between 07 and 20 years of imprisonment, life imprisonment or death.

Pursuant to Article 319 of this Code, the crime of infringing upon bodies, graves and remains is as follows:

1. Those who dig, destroy graves, appropriate objects to stay in graves or on graves or commit other acts of infringing upon bodies, graves or remains, shall be subject to non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 07 years of imprisonment:

a) Causing adverse effects on social security, order and safety;

b) Appropriating or destroying objects of historical or cultural value;

c) For despicable motives;

d) Appropriating body parts and remains.

In addition to committing murder, this person may commit crimes of trespassing on bodies, graves and remains due to the act of burning the body to erase traces or trespassing on the body.

In Vietnam, what are the aggravating circumstances when committing a criminal offence?

Pursuant to Article 52 of the above Code as amended by Clause 2, Article 2 of the Law amending the Penal Code 2017 stipulates as follows:

1. Only the following circumstances are aggravating circumstances for penal liability:

a) Committing crimes in an organized manner;

b) Committing the crime of a professional nature;

c) Abusing positions and powers to commit crimes;

d) Committing a crime of a hooligan nature;

d) Committing the crime for despicable motives;

e) Deliberately committing the crime to the end;

g) Committing the crime twice or more;

h) Recidivism or dangerous recidivism;

i) Committing the crime against a person under 16 years old, a pregnant woman or a person aged full 70 years or older;

k) Committing the crime against a person who is in a defenseless state, a person with severe or particularly severe disability, a person with limited cognitive ability or a person who is physically, mentally, or socially dependent. effect or otherwise;

l) Taking advantage of war, emergency, natural disasters, epidemics or other special difficulties of society to commit crimes;

m) Using sophisticated, cunning or cruel tricks to commit crimes;

n) Using tricks or means capable of causing harm to many people to commit crimes;

o) Instigating a person under the age of 18 to commit a crime;

p) Acting cunningly or aggressively in order to evade or conceal a crime.

2. Circumstances which have been prescribed by this Code as signs of criminal conviction or penalty framing shall not be considered as aggravating circumstances.

Best regards!