Le Tung Van "Bong Lai Pure House" faces a life sentence, with extenuating circumstances because he is over 70 years old?

With 3 charges, Le Tung Van could face a life sentence.

The crime of incest can face up to 10 years in prison

Recently, Long An Provincial Police have issued decisions to prosecute the case and prosecute the accused with Mr. Le Tung Van for the following crimes: Fraud to appropriate property; Abuse of democratic freedoms to infringe upon the interests of the State, organizations, individuals and incest.

Regarding the legal situations in the above case, Dr. Lawyer Dang Van Cuong (Head of Chinh Phap Law Office, Hanoi Bar Association) assessed that it is necessary and appropriate for the investigation agency to verify and clarify to handle violators. with the law, because the incident has caused public outrage in recent times.

One of the crimes accused Le Tung Van was prosecuted was the crime of incest, causing outrage in the public. According to lawyer Cuong, the crime of incest is an act of intercourse between people of the same blood line, between brothers and sisters of the same parents, between half-siblings of the same mother or father, the offender is the know the relationship but still perform the act of intercourse.

During the verification process, the CQD will also clarify the age of the people with the same blood line or siblings who have sex with each other, whether the sex is voluntary or not to determine The incest circumstances are the determination of the crime or just the circumstances that determine the penalty frame.

The factor "of the same direct bloodline" is one of the bases for determining the crime of incest. Clause 17, Article 3 of the 2014 Family Law stipulates that "Those of the same blood line are those who have a blood relationship, in which, one person gives birth to the other one after another".

If those who perform sexual acts have reached the age of 16, the violator will face a penalty frame of up to 5 years in prison under article 184.

In case the act of having sex with a person from full 13 years old under the age of 16 has an incestuous nature, it will be criminally handled for having intercourse or performing a sexual act with a person aged between full 13 years and under. 16 years old according to Article 145 of the Penal Code.

Accordingly, the framing circumstances aggravating criminal liability are "of incestuous nature", so the penalty will be in the frame of imprisonment from 3 to 10 years in prison according to point a, clause 2, article 145 of the penal code in 2018. 2015.

Other crimes can lead to life in prison

In addition to incest, Le Thanh Tung was also prosecuted for fraud to appropriate property and abusing democratic freedoms to infringe upon the interests of the State, organizations and individuals.

According to lawyer Cuong, the act of impersonating a religious establishment to give false information and appropriate other people's property from 2 million VND or more is an act of fraud to appropriate property. This act will be examined for penal liability according to the provisions of article 174 of the 2015 penal code (amended and supplemented in 2017).

Particularly for the crime of fraudulently appropriating property with a charity amount of VND 500 million or more, the lowest penalty is 12 years, the highest is life imprisonment. Those who instigate, lead, practice actively, and do not sincerely repent will be severely punished.

In the case of helping, instigating, and playing a secondary role, the sentence will be lower. Criminal activities not only take place by one person, but also a group of people, even organized crime, so the investigation agency will continue to clarify the role of people living here to resolved in accordance with the law.

"The offender is a person who is full 70 years of age or older" is considered mitigating?

In addition, during the investigation process, if the accused sincerely declares, repents, voluntarily compensates for the consequences, falls into the case "The offender is a person full 70 years of age or older", he will also be consider mitigating a part of criminal liability.

Lawyer Dang Van Cuong added that in the case of being convicted of many crimes, the court will summarize the penalties according to the principle that if the highest penalty is life imprisonment, the general penalty will be life imprisonment.

If the maximum penalty is only term imprisonment, the aggregate penalty will not exceed 30 years in prison.

In addition to life imprisonment or fixed-term imprisonment, those who commit these crimes must also compensate for damage and return money appropriated from victims in the charity fundraising activity that took place before. there.

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