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

Most countries around the world consider sexual assaul.t 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 gir.l accuse.d two men introduced as "a famous Vietnamese actor and musician" of raping the victi.m. 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 rap.e 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 rap.e specified in the Vietnam Penal Code mentions other tricks to perform acts of intercours.e or other sexual acts with the victi.m, including: take advantage of the victi.m's defenseless state, i.e. the victi.m has some reason to not be able to resist the crime such as a sick victi.m; Other tricks such as taking advantage of the victi.m 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 rap.e.

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

However, the Spanish Penal Code does not mention this issue. Although at the en.d 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 assaul.t or not.

The Consent Bill aims to add a clear basis for consent between two parties when having se.x is not only based on the use of force, the threat of force to determine whether it is an act. sexual assaul.t 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 ag.e of criminal responsibility for rap.e of the two countries is different. If the lowest ag.e for criminal liability for rap.e in the Vietnam Penal Code is full 14 years of ag.e or older as prescribed in Clauses 2, 3, 4, Article 141, then the lowest ag.e must be held criminally responsible. The crime of rap.e in the Spanish Penal Code is 18 years of ag.e 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 rap.e.

In the Spanish Penal Code, legal persons are criminally liable for rap.e 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 rap.e 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 rap.e, including:

When violenc.e or threats are committed of a particularly demeaning or humiliatin.g nature;

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

Where the victi.m is particularly vulnerable due to ag.e, 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 chil.d, grandchild or sibling, adopted chil.d or spouse of the victi.m;

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

Meanwhile, the Vietnam Penal Code stipulates 13 circumstances aggravating criminal liability for rap.e. In addition to cases similar to those prescribed by Spanish law, there are also cases where many people rap.e one person; Committing the crime twice or more; For 2 or more people; Make the victi.m pregnant; Dangerous recidivism; Knowing they are infected with HIV and still committing crimes; Causing the victi.m to di.e or commi.t suicid.e; 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.

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