Protecting the legitimate rights and interests of minors under Vietnamese criminal procedure law - 24


selling lottery tickets means having to go from morning until late at night, so her mother doesn't have time to take care of or educate Dinh. Dinh also applied for a job but because

No degree so no place will accept. Defendant has not committed any violation.

According to the law, on the day of the crime, the defendant met Mr. Loc and invited him to go out. Seeing that the bicycle was left in front of the house with no one paying attention, the defendant decided to steal. The defendant's mother said that when the incident happened, the police also invited a lawyer to help the family. The lawyer was also very concerned, met and advised the defendant. The defendant and his family realized their mistakes and hoped that after returning from vocational training, the defendant would find a job to support his mother.

Third case : Judgment No. 98 /2010/HS-ST dated September 7 , 2010 of the Court

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People's Committee of District 3, Ho Chi Minh City

Nguyen Dynasty

Protecting the legitimate rights and interests of minors under Vietnamese criminal procedure law - 24

History

Phi, birth

February 22, 1993 I committed the crime

right

11-12-2009 (lunar)

16 years old 8 months 20 days).

Phi met Bui Hoa Ky

Culture

borrow

fairy

but no,

Spoken language

soup

Van's dormitory has two people with laptops, which is not ostentatious. Phi bao

The story is about stealing and selling it to share the money.

two high

contagious

steal

ok

Two laptops thanks to Vu Thanh Tam

ok

12,500,000 VND. According to the price

family

According to the Valuation Council, the two laptops above are worth about 22,000,000 VND.

This judgment recognizes

h, before

when awake

porch

Han

violation

I

you

high

know it all

appropriation

consumption

ears

level

crab

you

other

Misconduct will be punished.

foul

peace, law

law

referendum

But due to the engine

greedy, want to have much

fairy

to spend

for category

go

selfishness

ghost person

no effort

workers should

high

Van, Phi, Tam did not

silver steps into the path of crime. Criminal behavior

I

crab

you

was yelled at

dangerous to society, not only directly

next

encroachment

to

profit

suitable

citizen's law

French

law

bag

protect me

brother

to

private

local security. Therefore

, you

high

fade

happy

math

bear

responsibility

the act that I have committed. This is a security case.

essence

Dong Pham

simple,

in which Phi is the instigator and promoter; Van is the direct one.

next

food

porch

work

pham

crime. Apply article 20, article

53 Criminal Code on homosexuality

, The jury will have a level of security


commensurate with the role of crab

high risk

in the case of security. However, also consider

at the investigation agency and the

prescription

today, guys

high

really

rather declare, yes

repentance, repentance, sin

first time

and medicine

case

less serious,

The seized property is of small value and has been recovered.

and return

for you

two therefore apply points g, h, p clause 1, article

46 BLHS for consideration

prison

lighten part of the punishment that the defendants should have suffered.

Trial of the defendant Phi Pham

I

when you

age

young man, after waking up

porch

The criminal has turned himself in. Ap

sculpture

69, drill

1 thing

74, drill 2

Article 46 of the Penal Code for high-ranking defendants

is to have a home.

Review

you

high

have good character

crime in case

how many

detail

prison

light and family has a single

education guarantee, defendants have specific residence,

you

two

have a petition

now

Therefore, based on clauses 1 and 2, article 60 of the Penal Code, it is thought that it is not balanced.

design

catch

you

high

serving a full prison sentence has consequences

tolerance

virtue, deterrence

high

inert

become a good citizen in the future.

Bui Hoa Ky

epitaph

1 year ago

I

steal

couple

ears

level

but for

enjoy the peace

letter

2 year old jelly; Original

Master Chan

Phi bi xu 9

prison for ear theft

san, for peace

hang, time

trial period

h 1 year

6 months; Vu Thanh Tam was sentenced to 1 year in prison for me

ear consumption

level

by you

other

guilty of a crime, given a suspended sentence with a probation period of 2 years.

Comment: the above sentence only shows the motive for the crime, not the punishment.

price level of awareness of news

hazardous substances

for society

crab

Han

violation

crime, nature of behavior

high quality, detailed

prison

light responsibility

picture

the, and not yet said

up

special

point

about personal identity, living conditions and

education, principles

image

pair

with

you

juvenile crime

The above issues must be analyzed in the verdict to be convincing and have educational effect.

Note, the Court's judgment is publicly available, so use the word

need to be exact, for example the amount of money

drill

g 22,000,000 VND is the value of the seized assets.

appropriation, which the judgment determined to be a small amount of money, is easily perverted.


The court should not use words that are derogatory to others, such as the word "that" and other words such as Y, Thị...

Fourth case : Judgment No. 30/2010/HS-ST dated March 12, 2010 of the People's Court of District 5, Ho Chi Minh City, tried Nguyen Van Hung, born in 1984, and Nguyen Huu Tin, born on March 19, 1993, for committing the following crimes:

At about 8:00 p.m. on September 11, 2009, Tin was transporting

Hung by scooter

May

, see Ms. Ly

Huynh Mai stopped the car to buy fruit, around her neck was a white necklace.

The idea of ​​snatching arose. Tin drove the car close to Ms. Mai, Hung pulled the strings.

The police discovered and chased them. They both ran away and hit a bus, causing Hung to fall unconscious. Tin was arrested along with the evidence.

The verdict stated that…the defendant Tin is a minor and has a family.

well-nourished, healthy, and aware of their own actions, although

Not very mature, but because of laziness, defendant Tin wanted money to play games, and defendant Hung had no need to spend money, but when Tin persuaded him, he agreed to commit a crime, although the defendants were aware that their actions were against the law, and the people around them did not agree, but they still committed the crime. This time, the defendants went to snatch property by motorbike, using dangerous tricks... However, the defendants honestly confessed, the consequences had not yet occurred, the property appropriated was not of great value, although this was a case with accomplices, it was simple, defendant Tin was a minor when committing the crime and the crime had not yet been completed, and his family sponsored him. Therefore, it is thought that the defendant should be given some consideration when sentencing.

The lawyer agreed on the charges the Procuracy prosecuted against defendant Tin and presented mitigating circumstances: the defendant committed the crime for the first time, confessed honestly, the consequences had not yet occurred so it was a case of attempted crime, the family's circumstances were difficult, the parents had to leave the countryside to go to the city to make a living.

but not enough

eat, the defendant himself when committing the crime

at the age of not

Because he is a teenager, he is still lacking in thinking and because his educational level is only 4th grade,


awareness of behavior and law is still weak and backward, has family to sponsor, has confirmation from local authorities, defendant's family is a revolutionary family, has grandparents who were awarded the second-class resistance medal by the State. Therefore, it is recommended that the panel of judges give the defendant a sentence commensurate with the crime and there is no need to isolate him from society.

The verdict reads: The panel of judges found that the circumstances presented by the lawyer were well-founded, but the defendant could not be given a suspended sentence because the defendant committed a very serious crime. Although the defendant was young, he was the mastermind and incited others to commit the crime. Today's trial showed that the defendant's family lacked care and supervision over the defendant. Therefore, the lawyer's request cannot be accepted.

Comment: This judgment has an assessment of the cause and conditions of the crime, the motive and cognitive ability of the juvenile offender, and the living conditions of the juvenile offender. However, it still does not analyze Articles 69 and 74 of the Penal Code for application.

punishment for the accused

fox is lacking

persuade, not achieve the purpose of propaganda

to propagate, educate, promote the humanity and humanism of our society.

Note the logic, above the verdict states that the family provided adequate support. Meanwhile, the defense attorney argues that the family's circumstances were difficult, the parents had to leave the countryside to go to the city to earn a living but still did not have enough to eat. Below the panel of judges

again evaluates the details that the lawyer stated as well-founded. These two ideas are contradictory,

state the conclusions of the Trial Council and the opinions of the lawyers.

is right

fade

lenient

civil servant

The issue is very important, in the trial as well as the defense must speak or use words very precisely. In the above case, the defendants snatched

If you get a chain, it cannot be called an attempted crime; you are highly

dream

study

grade 4 culture, awareness

about law

law

Love

cream

is possible,

but it is a continent

is not accurate. Love

in this case.

cream

then maybe but lac

hawk

then can not multiply

nail


Fifth case : Nguyen Thanh C and Nguyen Thanh T committed the crime of intentional injury. While drinking coffee, C and T had a fight with H in the afternoon and were threatened by H's gang that night to beat them up in revenge. Seeing their friend being bullied, T became heroic and wanted to avenge his friend. C and T stole two pairs of scissors from the shop owner for self-defense and then went to find H to talk. C and T stabbed H, causing 54% injury. With these actions, C and T received a 4-year prison sentence for intentional injury.

Sixth case : In the case of Nguyen Dang T and Nguyen Sy H committing robbery: on the evening of October 22, 2003, T borrowed a motorbike and invited H to his girlfriend's house to play, stopping on the way to buy cigarettes. Because he saw that the children were still young

so sister

L owner

The shop hesitated to sell cigarettes, seeing that, T

scolded Ms. L. Mr. Q was sitting in the shop and told Ms. L, "You just sell to customers, if they don't pay, I will pay." T and H thought that Mr. Q had insulted them, so they turned around and started a fight, which scared Mr. Q so much that he quickly started the engine and drove away. Immediately, T and H chased after and beat Mr. Q to the end. After that, T and H also threatened to make Mr. Q pay a fine of 1 million VND to pay for his work.

for they had to fire Mr. Q. With the above actions, T was sentenced to 1 month in prison, H was sentenced to 18 months in prison for robbery.

Sentence 24

Seventh case : In the case of intentional injury, A and N were in the same class and liked each other. A transferred schools, and the relationship between A and N was no longer as close as before. N turned to like H. Hearing a classmate say that H and N went out every day, A became more and more jealous. A invited his neighbor T to go see who H was. The three of them waited in front of N's house. When H came out, A's neighbor picked up a big rock and threw it, breaking H's head, causing 32% permanent injury. For such actions, the People's Court of District 8 sentenced A to 3 years and 6 months in prison, and T to 3 years in prison.

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