The First Aggravated Frame Has a Penalty Range of 02 to 06 Years

progressive integration and supplementation.

- Using dangerous acid or dangerous chemicals: Based on the nature and level of danger of the crime when applied to the injury rate of the victim, the penalty for this act is not proportionate. Therefore, adding the circumstance "Using dangerous acid or dangerous chemicals" to criminally handle this act in cases where the victim's injury is less than 11% (at point b, clause 1, Article 134 of the 2015 Penal Code). Codifying this circumstance is very necessary in the practice of fighting and preventing crimes of intentionally causing injury or harming the health of others with acid or chemicals.

In the case of causing injury or harm to the health of one's father, mother, grandfather, grandmother, teacher, or caregiver, the case is applicable even when the disability rate is below 11% due to the long-standing tradition of morality and respect for teachers of the Vietnamese people. Or in the case of not being a relative of the offender, but being the person who nurtures and cares for the offender in an orphanage...

In the same case as above, if there is no close collusion, but only superficial consent, it is not considered intentional injury or damage to the health of another person in an organized manner.

Provisions on preparation for a crime in Clause 6, Article 134 of the 2015 Penal Code. Accordingly, the crime of intentionally causing injury or harm to the health of another person is an act of intentionally causing injury or harm to the health of another person. In practice, the consequences of health damage (shown in the expert conclusion of a professional agency) are the basis for determining criminal responsibility and determining the penalty for the offender. The victim must be injured or have significant health damage to be held criminally responsible, but if the injury is

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Insignificant injury or damage to health or causing no damage to health is not a crime and is not subject to criminal liability.

According to the provisions of Clause 1, Article 134 of the 2015 Penal Code, anyone who intentionally causes injury or harm to the health of another person with a bodily injury rate of 11% to 30% or less than 11% but falls under one of the cases specified from point a to point k, that person will be prosecuted for criminal liability; but if a subject intentionally causes injury to another person causing a reduction of less than 10% of health but does not fall under the provisions of points a to k, Clause 1 of this Article, that person's behavior does not constitute a crime and will not be prosecuted for criminal liability.

It is really necessary to provide appropriate legal sanctions for hired killers to prevent the situation of "hired murder". In the current situation in the market economy, in each place or location, there have been groups of people and brazen individuals who specialize in hired murder. Therefore, it is very necessary to severely punish these people.

For people on official duty: is the case where the person who is injured or causes damage to the health of another person is the person on official duty, that is, the person who is injured or causes damage to the health of another person is performing a task assigned by a competent state agency.

Although they are not assigned tasks, if they voluntarily participate in activities to maintain security and order in certain cases, they are considered to be performing official duties for people such as: chasing to capture fugitives, arresting criminals in the act; intervening to prevent, trying to reconcile some fights in public places, etc.

When they are on duty and injure the victim or cause harm to the health of others, then the offender is considered to have committed a crime in the case of "performing official duties", so depending on each case, it can be intentional injury or damage to the health of others normally or in other cases.

The behavior of a person performing a duty in accordance with the law must be the victim of intentional injury or damage to health. In the case where a person performing a duty contrary to the law is intentionally injured or damaged, the person who intentionally causes injury or damage to health will not be considered "intentionally causing injury or damage to health of a person performing official duties".

1.2.2. The first aggravating bracket has a prison sentence of 02 to 06 years.

The penalty range of imprisonment from 02 years to 06 years is applied when the offender falls into one of the following cases:

- Causing injury or damage to the health of another person with a bodily injury rate of 31% to 60%: The content of the law shows that the legislator has taken the victim's disability rate as the basis for determining the penalty for the offender. As stipulated in Point a, Clause 2, Article 134 of the Penal Code, the person who is harmed to health or injured must have a disability rate of 31% to 60% for the offender to be prosecuted for criminal liability with a penalty range of 02 to 06 years. Therefore, to determine the disability rate according to Article 4 of Circular 20/2014/TT-BYT dated June 12, 2014, there are regulations on the method of determining the bodily injury rate as follows:

- Causing injury or damage to the health of 02 or more people with the rate of bodily injury of each person from 11% to 30%: This circumstance in the 2015 Penal Code is stipulated as a circumstance to increase the penalty at Point b, Clause 2, Article 134 of the 2015 Penal Code.

- Committing a crime 2 times or more: According to the 1999 Penal Code, it is stipulated that: " Committing a crime multiple times against the same person or against many people". However, in Vietnamese Criminal Law, lawmakers have not yet officially defined the concept of " committing a crime multiple times". Here, " committing a crime multiple times " is only mentioned through some guidance documents from central judicial agencies and criminal law textbooks. This issue is explained as follows:

Joint Circular No. 01/1998/TTLT/TANDTC-VKSNDTC-BNV dated January 2, 1998 guiding the application of a number of provisions of the Law amending and supplementing a number of articles of the Penal Code states: "... the circumstance of committing a crime many times" is stipulated in Clause 2 of Article 133 and Clause 2 of Article 134, the offender must bear criminal liability for the total value of the property of the crimes combined, based on the provisions of the law on "value of property or damage to property".

According to the Criminal Law textbook, Hanoi Law University: "Committing a crime multiple times is a case of committing a crime in which the offender has previously committed this crime at least once and has not been tried. The criminal act in this case is a repetition of a previously committed crime, so it has a higher level of danger than in normal cases."

The 2015 Penal Code no longer uses the circumstance of “ committing a crime multiple times against the same person or against many people ” but clearly specifies the circumstance of “committing a crime 2 times or more”. Committing a crime 2 times or more means that the offender has committed two or more criminal acts, affecting the same subject, directly violating the same object, and each of these acts has sufficient elements to independently constitute a crime (both are acts of intentionally causing injury).

According to the provisions of the law, two cases are considered dangerous recidivism. However, through research, students have realized that when applying the dangerous recidivism circumstance, it is only an aggravating circumstance when it is a case of recidivism, not having had a criminal record cleared, but committing the act again.

Intentional crime when not being a case of having been convicted of a very serious crime, an especially serious crime due to intention, not having had the criminal record cleared, but continuing to commit a very serious crime, an especially serious crime due to intention (according to Point d, Clause 2, Article 134 of the 2015 Penal Code), therefore, if committing a very serious crime, an especially serious crime due to intention (Clause 3, 4, 5, Article 134 of the 2015 Penal Code), then Clause 3, 4, 5, Article 134 of the 2015 Penal Code will be applied immediately and cannot be transferred back to apply according to the provisions of Clause 2, Article 134 of the 2015 Penal Code.

In case the offender only causes injury or damage to the health of another person with a body injury rate of 11% to 30% but falls within the cases analyzed above.

1.2.3. The second aggravating bracket has a prison sentence of 05 to 10 years.

The offender causes injury or harm to the health of another person with a bodily injury rate of 61% or more, but does not result in death; Causes injury that disfigures the face of another person with a bodily injury rate of 61% or more in the cases specified in points a to k, Clause 1, Article 134 of the 2015 Penal Code.

1.2.4. The third aggravating bracket has a prison sentence of 07 to 14 years.

- Causing death;

- Causing injury that disfigures another person's face with a body injury rate of 61% or more;

- Causing injury or damage to the health of 02 or more people, with each person's body injury rate being 61% or more;

1.2.5. The fourth aggravating bracket has a prison sentence of 12 to 20 years or life imprisonment.

Applicable when committing the following crimes:

- Causing death of 02 people or more;

- Causing injury or damage to the health of 02 or more people (with a bodily injury rate of 61% or more for each person but falling into one of the cases specified in points a to k, clause 1, Article 134 of the 2015 Penal Code).

1.3. Distinguishing the crime of intentionally causing injury or harm to the health of another person from a number of other crimes prescribed in the Penal Code

1.3.1. Distinguish between the crime of intentionally causing injury or harm to the health of another person in cases leading to death and the crime of murder in cases where it has been completed.

In practice, the problem of confusion between cases of intentional injury or damage to the health of others leading to death.

The problem is that the boundary between these two types of crimes is not always easy to clearly verify, so theoretically, the need to correctly determine the crime will be the premise for classifying criminal offenses and individualizing punishments very accurately based on legal provisions.

It is necessary to consider the characteristics of the crime of murder and the crime of intentionally causing injury or harm to the health of another person leading to death. Accordingly, both the theoretical and practical aspects of law application can draw out the basic differences and similarities between these two crimes.

* About the difference: The act of intentionally causing injury or harm to the health of another person leading to death and the act of murder are distinguished by directly violating the object by distinguishing the intensity, the means and tools used by the offender, the location of the attack on the victim, especially the purpose of the offender intentionally causing injury or harm to the health of another person leading to death because the purpose is to cause damage to health.

of another person leading to death by the purpose of causing damage to the health of another person, if the means, tools, intensity of attack, location on the body of the person attacked causing injury causing damage to health in principle does not show the will of the offender to intentionally take the life of another person. Death is the consequence of an undesirable result of the offender or beyond the will. Therefore, if criminal law science considers the case of intentionally causing injury, causing damage to the health of another person leading to death (point a, clause 4, Article 134 of the 2015 Penal Code) leading to the death of 2 people or more (point a, clause 5, Article 134) as a case of mixed fault, accordingly for the act it is intentional fault and for the consequence of death or death of many people it is unintentional fault. In the crime of murder, the subjective intention to commit the crime is directed towards illegally depriving another person of his life and the purpose is to carry out that direction and will cause the death of another person.

* About criminal purpose:

- The purpose of the murderer is to take away life, directly and directly infringe upon the life and health of another person. The criminal's desire when committing the crime is to cause the death of another person.

- The purpose of the offender who intentionally causes injury leading to death is to cause injury or damage to the health of another person but does not want to take the life of another person. To carry out this act, the offender uses weapons, explosives, dangerous weapons or methods that can cause harm, dangerous acids or dangerous chemicals... and sometimes the unintended consequence is taking the life of the victim.

Crime of intentional injury

* Regarding the fault of the person committing the crime:

- In the crime of murder, the offender is guilty of intentional culpability for both the act and the fatal consequence. They are aware that their act will result in the death of another person, but still intentionally commit it and desire the fatal consequence to occur.

- With the crime of intentionally causing injury leading to death, the offender is only guilty of intentionality with the act, but is negligent with the fatal consequence. The criminal is only aware of the extent of the injury, but the fatal consequence is beyond their expectation and they do not want this consequence to occur.

1.3.2. Distinguishing the crime of intentionally causing injury or harm to the health of another person from the crime of murder in 2 incomplete cases

* When distinguishing the difference between intentionally causing injury or harm to another person's health and the crime of attempted murder, it is possible to base it on the subjective and objective aspects of the crime on the fault of the offender. First, the subjective aspect of the crime of attempted murder is the desire to take the life of another person and the fatal consequence occurs but that consequence is beyond their control, while the crime of intentionally causing injury or harm to another person's health is the intention only to cause injury to another person, not wanting and not thinking about the fatal consequence.

However, at the level of attack, the weapon used, the location, the position of the attack on the victim's body in cases that can be chosen to achieve the ultimate criminal purpose of killing or just causing injuries. With the act of attacking with a fierce nature, using dangerous weapons to attack vital areas on the victim's body with the determination to commit the crime to the end but the consequence of not causing death is due to objective reasons beyond the offender's wishes, then this case is convicted appropriately. Considering the element of fault of the offender for attempted murder, it could be a direct intentional fault causing direct death to