What punishment will 2 artists arrested in Spain receive if they are tried in Vietnam?

Most countries around the world consider sexual assault to be a criminal offence, with some countries punishing them with imprisonment, and some with fines in other countries. With the case of two artists who have just been arrested in Spain, what punishment will they face if they are tried in Vietnam?

On July 1, many British and Spanish newspapers reported that a 17-year-old British girl accused two men introduced as "a famous Vietnamese actor and musician" of raping the victim. at a hotel on the island of Majorca. They are currently out on bail but are prohibited from leaving Spain.

Immediately after the information was posted, Hong Dang - Ho Hoai Anh was the name that was called the most because at that time, they were present in Europe and also visited the famous tourist destination above.

Many theories have been offered, and some even wonder if they are tried in Vietnam, how will the two artists receive the punishment.

Accordingly, the right to be protected from sexual abuse is concretized in the legal systems of many countries around the world in general and Vietnam and Spain in particular.

However, the provisions on sexual offenses in the Penal Code of the two countries have certain differences.

Regarding the similarity, both countries define rape as a crime and are criminally handled according to the provisions of the Penal Code.

In terms of punishment, the punishment is quite strict (2 years to 15 years in prison with a term, the maximum is life imprisonment) and additional penalties.

Regarding the difference, first, the offense of rape specified in the Vietnam Penal Code mentions other tricks to perform acts of intercourse or other sexual acts with the victim, including: take advantage of the victim's defenseless state, i.e. the victim has some reason to not be able to resist the crime such as a sick victim; Other tricks such as taking advantage of the victim in a state of inability to express his will properly such as being drunk, mentally ill, etc.

Although these tricks are specified as special cases in Article 180 of the Spanish Penal Code, the penalty is significantly increased, not specified in the law on rape.

Secondly, regarding the will of the victim, the Vietnam Penal Code clearly states that the use of force, the threat of force, or the abuse of the victim's defenseless state or other tricks to have sexual intercourse or perform other acts Other sexual intercourse against the will of the victim.

However, the Spanish Penal Code does not mention this issue. Although at the end of May 2022, according to the draft of Spain's Penal Code, it was clearly stated that consent is the decisive factor to constitute an act of sexual assault or not.

The Consent Bill aims to add a clear basis for consent between two parties when having sex is not only based on the use of force, the threat of force to determine whether it is an act. sexual assault or not. Specifically relational consent must be expressed verbally, if a person is silent or passive, it is not consent. The bill needs to win votes in the Spanish Senate before it can become law.

Secondly, the subject, for the subject is an individual, the age of criminal responsibility for rape of the two countries is different. If the lowest age for criminal liability for rape in the Vietnam Penal Code is full 14 years of age or older as prescribed in Clauses 2, 3, 4, Article 141, then the lowest age must be held criminally responsible. The crime of rape in the Spanish Penal Code is 18 years of age or older.

Regarding the subject being a legal person, the criminal law of Vietnam has stipulated that commercial legal entities must bear penal liability when committing the crimes specified in Article 76 of the Penal Code. Accordingly, commercial legal entities are not criminally responsible for rape.

In the Spanish Penal Code, legal persons are criminally liable for rape if such acts are committed on behalf of, for the benefit, of their legal representatives or by persons acting as members of the Spanish Criminal Code. legal entity authorized to make decisions on behalf of the juridical person or the person having the right to organize and control such juridical person. Thus, the subject of criminal responsibility for rape in the Spanish Penal Code is wider than in Vietnam.

Third, the circumstances aggravating criminal liability.

The Spanish Penal Code stipulates 5 special cases, with a nature of aggravating the punishment for rape, including:

When violence or threats are committed of a particularly demeaning or humiliating nature;

When the act is performed by the cooperation of 2 or more people;

Where the victim is particularly vulnerable due to age, illness, disability or circumstances, except as provided for in Article 183;

When in order to commit a crime, the offender has taken advantage of a superior relationship or relationship, being the child, grandchild or sibling, adopted child or spouse of the victim;

When the executor uses a weapon or other equivalent dangerous means capable of causing death or any injury specified in Articles 149 and 150 of this Code without prejudice to the relevant penalty. for death or injury caused.

Meanwhile, the Vietnam Penal Code stipulates 13 circumstances aggravating criminal liability for rape. In addition to cases similar to those prescribed by Spanish law, there are also cases where many people rape one person; Committing the crime twice or more; For 2 or more people; Make the victim pregnant; Dangerous recidivism; Knowing they are infected with HIV and still committing crimes; Causing the victim to die or commit suicide; Committing the crime against a person aged between full 16 years old and under 18 years old.

Regarding penalties, the Vietnam Penal Code prescribes frames corresponding to aggravating circumstances. The Spanish Penal Code only stipulates a single penalty frame which is imprisonment from 6 to 12 years.

Hồng Đăng - Hồ Hoài Anh bị loạt nhãn hàng gỡ bỏ hình ảnh, màn phong sát chính thức khởi động? Hoàng Phúc09:53:43 08/07/2022Nhiều doanh nghiệp đang hợp tác với Hồng Đăng và Hồ Hoài Anh đã có động thái giữa lúc 2 nghệ sĩ vướng lùm xùm liên quan đến cáo buộc tấn công tình dục ở Tây Ban Nha.