Chương XII Bộ Luật hình sự 1999: Các tội xâm phạm tính mạng, sức khỏe, nhân phẩm, danh dự của con người

CRIMES OF INFRINGING UPON HUMAN LIFE, HEALTH, DIGNITY AND HONOR

Article 93.- Murder

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

a) Murder of more than one person;

b) Murder of women who are known by the offender to be pregnant;

c) Murder of children;

d) Murder of persons being on public duties or for reason of the victims’ public duties;

e) Murder of one’s grand father, grand mother, father, mother, fosterer, and/or teachers;

f) Murder of people just before or after which a serious crime or a particularly serious crime is committed by the offender;

g) Murder of people in order to carry out or conceal other crimes;

h) Murder of people in order to take organs from the victims’ bodies;

i) Committing crimes in a barbarous manner;

j) Committing crimes by abusing their profession;

k) Committing crimes by methods, which may cause death to more than one person;

l) Hiring murderers or murdering persons for hiring;

m) Committing crimes in a hooligan manner;

n) Committing crimes in an organized manner;

o) Committing dangerous recidivism;

p) Murder of people for despicable motivation.

2. Those committing crimes which do not fall into those cases stipulated in Clause 1 of this Article, shall be sentenced to between seven and fifteen years of imprisonment.

3. Offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for between one and five years, subject to probation or residence ban for between one and five years.

Article 94.- Murdering ones new-borns

Any mother who, due to strong influence of backward ideology or special objective circumstances, kills her new-born or abandons such baby to death, shall be sentenced to non-custodial reform for up to two years or to between three months and two years of imprisonment.

Article 95.- Murdering people under provocation

1. Any person committing murder as a result of provocation caused by serious illegal acts of the victim towards such person or his/her next of kin shall be sentenced to between six months and three years of imprisonment.

2. Those who murder more than one person as a result of provocation shall be sentenced to between three and seven years of imprisonment.

Article 96.- Murder beyond the limit of legitimate defense

1. Those who commit murder in circumstances exceeding the limit of legitimate defense shall be sentenced to non-custodial reform for up to two years or between three months and two years of imprisonment.

2. Those who commit murder of more than one person in excess of the limit of legitimate defense shall be sentenced to between two and five years of imprisonment.

Article 97.- Causing death to people in the performance of official duties

1. Those who, while performing their official duties, cause human death due to the use of violence beyond that permitted by law shall be sentenced to between two and seven years of imprisonment.

2. Those who commit crimes of causing death to more than one person or in other particularly serious cases shall be sentenced to between seven and fifteen years of imprisonment.

3. Offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 98.- Accidentally causing human death

1. Any person who unintentionally causes the death of another person shall be sentenced to between six months’ and five years of imprisonment.

2. Any person who unintentionally causes the death of more than one person shall be sentenced to between three and ten years of imprisonment.

Article 99.- Accidentally causing human death due to breach of professional or administrative regulations

1. Any person who unintentionally causes the death of another person due to a breach of professional or administrative regulations shall be sentenced to between one and six years of imprisonment.

2. Any person who commits the crime of unintentionally causing death of more than one person shall be sentenced to between five and twelve years of imprisonment.

3. Offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 100.- Forced suicide

1. Any person who cruelly treats, constantly intimidates, ill-treats or humiliates a person dependent on him/her, inducing the latter to commit suicide, shall be sentenced to between two and seven years of imprisonment.

2. Any person who commits the crime of compelling more than one person to commit suicide shall be sentenced to between five and twelve years of imprisonment.

Article 101.- Inciting or assisting other persons to commit suicide

1. Any person who incites another person to commit suicide or assists another person to commit suicide shall be sentenced to imprisonment for between six months and three years.

2. Any person who commits the crime of assisting or inciting more than one person to commit suicide shall be sentenced to between two and seven years of imprisonment.

Article 102.- Refusal to rescue people from life-threatening situation

1. Those who knows other persons are in life-threatening danger but refuse to rescue them despite having the ability to do so, thus contributing to the latter’s death shall be subject to warning or non-custodial reform for up to two years or a prison term between three months and two years.

2. Any person who commits such crime in one of the following circumstances shall be sentenced to between one year and five years of imprisonment:

a) The person who refuses to rescue the other person is the one who unintentionally causes the dangerous situation;

b) The person who refuses to rescue the other person is obliged to rescue people as required by law or his/her occupation.

3. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 103.- Threatening to murder

1. Those who threaten to kill other persons, in circumstances such as to make the latter believe that such threat shall be realized, shall be subject to non-custodial reform for up to two years or sentenced to between three months’ and three years of imprisonment.

2. Any person who commits such crime in one of the following circumstances shall be sentenced to between two and seven years of imprisonment:

a) Against more than one person;

b) Against persons who are performing their official duties or for reasons related to the victims’ official duties;

c) Against children;

d) To conceal or shirk the handling of another crime.

Article 104.- Intentionally inflicting injury on or causing harm to the health of other persons

1. Those who intentionally injure or causes harm to the health of other persons with an infirmity rate of between 11% and 30%, or under 11% but in one of the following circumstances, shall be sentenced to non-custodial reform for up to three years or between six months and three years of imprisonment:

a) Using dangerous weapons or tricks, causing harm to more than one person;

b) Causing minor permanent maim to the victims;

c) Committing the crime more than once against the same person or against more than one person;

d) Committing the crime against children, pregnant women, old and weak or sick persons or other persons incapable of self-defense;

e) Committing the crime against their own grand fathers, grand mothers, fathers, mothers, fosterers, teachers;

f) Committing the crime in an organized manner;

g) Committing the crime during time of custody, detention or whilst resident at re-education establishments;

h) Hiring other persons to cause injury or being hired to cause injury;

i) Being of hooligan character or dangerous recidivism;

j) In order to obstruct the person performing official duty or for the reasons of the victim’s official duty.

2. Committing the crime of inflicting injury on or causing harm to the health of, other persons with an infirmity rate of between 31% and 60%, or 11% and 30% but in one of the cases defined at Points from a to j, Clause 1 of this Article, the offenders shall be sentenced to between two and seven years of imprisonment.

3. Committing the crime of injuring or causing harm to the health of other persons with an infirmity rate of 61% or higher or leading to human death, or from 31% to 60% but in one of the cases defined at Points from a to j, Clause 1 or this Article, the offenders shall be sentenced to between five and fifteen years of imprisonment.

4. Committing the crime, thus leading to the death of more than one person or in other particularly serious cases, the offenders shall be sentenced to between ten and twenty years of imprisonment or life imprisonment.

Article 105.- Intentionally inflicting injury on or causing harm to the health of other persons due to strong provocation

1. Those who intentionally injure or cause harm to the health of other persons with an infirmity rate of from 31% to 60% whilst provoked as a result of serious illegal acts of the victims towards such persons or their next of kin, shall be sentenced to warning, non-custodial reform for up to one year or between six months and two years of imprisonment.

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

a) Against more than one person;

b) Inflicting injury on or causing harm to the health of other persons with an infirmity rate of 61% or higher, or leading to human death or in other particularly serious cases.

Article 106.- Intentionally inflicting injury on or causing harm to the health of, other persons due to an excess of legitimate defense limit

1. Those who intentionally inflict injury on or cause harms to the health of other persons with an infirmity rate of 31% or higher or leading to human death due to the excess of legitimate defense limit shall be subject to warning, non-custodial reform for up to two years or to prison term of between three months and one year.

2. Committing the crime against more than one person, the offenders shall be sentenced to between one and three years of imprisonment.

Article 107.- Inflicting injury on or causing harm to the health of other persons while performing official duty

1. Those who, while performing their official duties, resort to violence outside the scope permitted by law, thus inflicting injury on or causing harm to the health of, other persons with an infirmity rate of 31% or higher shall be sentenced to non-custodial reform for up to three years or between three months’ and three years of imprisonment.

2. Committing the crime against more than one person, the offenders shall be sentenced to between two years’ and seven years of imprisonment.

3. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 108.- Unintentionally inflicting injury on or causing harm to the health of other persons

1. Those who unintentionally inflict injury on or cause harm to the health of other persons with an infirmity rate of 31% or higher shall be subject to warning, non-custodial reform for up to two years or imprisonment of between three months and two years.

2. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 109.- Unintentionally inflicting injury on or causing harm to the health of other persons due to breach of professional or administrative regulations

1. Those who unintentionally inflict injury on or cause harm to the health of other persons with an infirmity rate of 31% or higher due to a breach of professional or administrative regulations shall be sentenced to between six months and three years of imprisonment.

2. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 110.- Ill-treating other persons

1. Those who cruelly treat persons dependent on them shall be subject to warning, non-custodial reform for up to one year or imprisonment of between three months and two years.

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

a) Against aged persons, children, pregnant women or disabled persons;

b) Against more than one person.

Article 111.- Rape

1. Those who use violence, threaten to use violence or take advantage of the victims state of being unable for self-defense or resort to other tricks in order to have sexual intercourse with the victims against the latter’s will shall be sentenced to between two and seven years of imprisonment.

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

a) In an organized manner;

b) Against a person whom the offender has the responsibility to look after, educate and/or medically treat;

c) More than one person rapes a person;

d) Committing the crime more than once;

e) Against more than one person;

f) Being of an incestuous nature;

g) Making the victim pregnant;

h) Causing harm to the health of the victim with an infirmity rate of between 31% and 60%;

i) Dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offender shall be subject to between twelve and twenty years of imprisonment, life imprisonment or capital punishment:

a) Causing harm to the health of the victim with an infirmity rate of 61% or higher;

b) Committing the crime even though the offenders know that they are infected with HIV;

c) Causing death to the victim or causing the victim to commit suicide.

4. Committing rape against a juvenile aged between full 16 and under 18 years old, the offenders shall be sentenced to between five and ten years of imprisonment.

Committing the crime in one of the circumstances stipulated in Clause 2 or Clause 3 of this Article, the offenders shall be subject to the penalties specified in such clauses.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 112.- Rape against children

1. Those who rape children aged between full 13 years and under 16 years shall be sentenced to between seven and fifteen years of imprisonment.

2. Committing the crime in one of the following circumstances, the offender shall be sentenced to between twelve and twenty years of imprisonment:

a) Being of incestuous nature;

b) Making the victim pregnant;

c) Causing harms to the victim’s health with an infirmity rate of between 31% and 60%;

d) Against a person whom the offender has the responsibility to look after, educate or medically treat;

e) Dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offender shall be sentenced to twenty years of imprisonment, life imprisonment or capital punishment:

a) In an organized manner;

b) More than one person rapes a person;

c) Committing the crime more than once;

d) Committing the crime against more than one person;

e) Causing harms to the victim’s health with an infirmity rate of 61% or higher;

f) Committing the crime though the offenders know that they are infected with HIV;

g) Causing death to the victim or causing the victim to commit suicide.

4. All cases of having sexual intercourse with children under 13 years old are considered rape against children and the offenders shall be sentenced to between twelve and twenty years of imprisonment, life imprisonment or capital punishment.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for from one to five years.

Article 113.- Forcible sexual intercourse

1. Those who employ trickery to induce persons dependent on them or persons being in dire straits to have sexual intercourse with them against their will shall be sentenced to between six months and five years of imprisonment.

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

a) Many persons compel one person to have sexual intercourse with them;

b) Committing forcible sexual intercourses more than once;

c) Committing forcible sexual intercourses against more than one person;

d) Being of incestuous nature;

e) Making the victim pregnant;

f) Causing harms to the victim’s health with an infirmity rate of between 31% and 60%;

g) Dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and eighteen years of imprisonment:

a) Causing harms to the victim’s health with an infirmity rate of 61% or higher;

b) Committing the crime even though the offenders know that they are infected with HIV;

c) Causing death to the victim or causing the victim to commit suicide.

4. Committing forcible sexual intercourses against juveniles aged over 16 years and under 18 years old, the offenders shall be sentenced to between two and seven years of imprisonment.

Committing the crime in one of the circumstances stipulated in Clause 2 or Clause 3 of this Article, the offenders shall be subject to the penalties specified in such clauses.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 114.- Forcible sexual intercourse with children

1. Those who have forcible sexual intercourse with children aged from full 13 years to under 16 years shall be sentenced to between five and ten years of imprisonment.

2. Committing the crime in one of the following circumstances, the offender shall be sentenced to between seven and fifteen years of imprisonment:

a) Incest;

b) Making the victim pregnant;

c) Causing harms to the victim’s health with an infirmity rate of between 31% and 60%;

d) Dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offender shall be sentenced to between twelve and twenty years of imprisonment or life imprisonment:

a) More than one person commits forcible sexual intercourse against one person;

b) Committing the crime more than once;

c) Committing the crime against more than one person;

d) Causing harm to the victim’s health with an infirmity rate of 61% or higher;

e) Committing the crime even though the offenders know that they are infected with HIV;

f) Causing death to the victim or causing the victim to commit suicide.

4. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 115.- Having sexual intercourse with children

1. Any adults having sexual intercourse with children aged from full 13 to under 16 shall be sentenced to between one and five years of imprisonment.

2. Committing the crime in one of the following circumstances, the offender shall be sentenced to between three and ten years of imprisonment:

a) Committing the crime more than once;

b) Against more than one person;

c) Being of an incestuous nature;

d) Making the victim pregnant;

e) Causing harms to the victim’s health with an infirmity rate of from 31% to 60%.

3. Committing the crime in one of the following circumstances, the offender shall be sentenced to between seven and fifteen years of imprisonment:

a) Causing harm to the victim’s health with an infirmity rate of 61% or higher;

b) Committing the crime even though the offenders know that they are infected with HIV.

Article 116.- Obscenity against children

1. Those adults who commit obscene acts against children shall be sentenced to between six months and three years of imprisonment.

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

a) Committing the crime more than once;

b) Against more than one child;

c) Against a child whom the offender has the responsibility to take care of, educate or medically treat;

d) Causing serious consequences;

e) Serious recidivism.

3. Committing the crime with serious consequences or particularly serious consequences, the offenders shall be sentenced to between seven and twelve years of imprisonment.

4. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 117.- Spreading HIV to other persons

1. Those who know that they are infected with HIV and intentionally spread the disease to other persons shall be sentenced to between one and three years of imprisonment.

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

a) Against more than one person;

b) Against juveniles;

c) Against the doctors or medical workers who directly give medical treatment to them;

d) Against persons performing their official duties or for reasons of the victims official duties.

Article 118.- Intentionally spreading HIV to other persons

1. Those who intentionally spread HIV to other persons in cases other than those defined in Article 117 of this Code shall be sentenced to between three and ten years of imprisonment.

2. Committing the crime in one of the following circumstances, the offender shall be sentenced to between ten and twenty years of imprisonment or life imprisonment:

a) In an organized manner;

b) Against more than one person;

c) Against juveniles;

d) Against persons performing their official duties or for reasons of the victims official duties;

e) Abusing their professions.

3. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 119.- Trafficking in women

1. Those who traffic in women shall be sentenced to between two and seven years of imprisonment.

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

a) Trading in women for the purpose of prostitution;

b) In an organized manner;

c) Being of professional characters;

d) For the purpose of sending them overseas;

e) Trafficking in more than one person;

f) Trafficking more than once.

3. The offenders may also be subject to a fine of between five million and fifty million dong, to probation or residence ban for one to five years.

Article 120.- Trading in, fraudulently exchanging or appropriating children

1. Those who trade in, fraudulently exchange or appropriate children in any form shall be sentenced to between three and ten years of imprisonment.

2. Committing such crimes in one of the following circumstances, the offenders shall be sentenced to between ten and twenty years of imprisonment or life imprisonment:

a) In an organized manner;

b) Being of professional character;

c) For despicable motivation;

d) Trading in, fraudulently exchanging or appropriating more than one child;

e) For the purpose of sending them abroad;

f) For use for inhumane purposes;

g) For use for prostitution purposes;

h) Dangerous recidivism;

i) Causing serious consequences.

3. The offenders may also be subject to a fine of between five million and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years or subject to probation for one to five years.

Article 121.- Humiliating other persons

1. Those who seriously infringe upon the dignity or honor of other persons shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years.

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

a) Committing the crime more than once;

b) Against more than one person

c) Abusing positions and/or powers;

d) Against persons who are performing their official duties;

e) Against persons who educate, nurture, look after or medically treat them.

3. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 122.- Slander

1. Those who trump up or spread stories knowing them to be fabricated in order to infringe upon the honor or damage the legitimate rights and interests of other persons or make up a story that other persons commit crimes and denounce them before the competent agencies shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to from one to seven years of imprisonment:

a) In an organized manner;

b) Abusing their positions and powers;

c) Against more than one person;

d) Against their own grand fathers, grand mothers, fathers, mothers or persons who teach, nurture, look after, educate and/or medically treat them;

e) Against persons who are performing their official duties;

f) Slandering other persons about committing very serious or particularly serious crimes.

3. The offenders may also be subject to a fine of between one million and ten million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.