Motorbike taxi driver who bought gasoline and set fire to people's houses because of personal conflicts, 24 hours ago was arrested

On February 25, the police of Hoang Mai district, Hanoi city, said that the investigating agency had urgently arrested Nguyen Huu Duc (34 years old, in Hoang Van Thu ward, Hoang Mai district, a motorbike taxi driver) to investigate the act of intentionally harming people.

According to the authorities, Nguyen Huu Duc had a conflict with the owner of a house in Dai Tu Street (Dai Kim Ward, Hoang Mai District), so he had the intention to harm the opposite. On the evening of February 19, after dropping off passengers, on the way home, Duc bought a bottle of soft drink to drink. At 0:00 a.m., Duc took a black medical mask to cover the motorcycle control plate and went to buy 10,000 VND of gasoline to set fire to the house.

After arriving, Duc examined and checked the correct address, then took a rag-wrapped gasoline bottle and threw it in and set it on fire. After committing the crime, Duc fled. However, because the gasoline bottle was not thrown deep into the yard, the fire could not penetrate the motorcycles, so the incident did not cause any human damage.

After a while, Duc turned the car back to the crime scene and saw that the fire had been extinguished, immediately left and buried the lighter on the road. Receiving the news, in about 24 hours since the incident occurred, the Criminal Police Team of Hoang Mai District Police clarified and urgently arrested Nguyen Huu Duc when the subject was hiding in Hoang Van Thu ward.

Lawyer Quach Thanh Luc (Director of Rule of Law Firm, Hanoi Bar Association) acknowledged that the subject's intentional arson of the house just to take revenge for personal conflicts is a very dangerous act, a serious violation of the law, showing boldness, selfishness and despicability. An ordinary person, fully aware, must understand that gasoline is a dangerous combustible, when burned, it has the ability to spread quickly and is difficult to extinguish.

The act of pouring gasoline and lighting a fire can completely lead to a fire, causing serious damage to property, health and lives of others. Therefore, this is a particularly dangerous behavior and needs to be subject to strict sanctions in accordance with the law.

"A person who has the ability to control normal behavior must understand that the act of pouring gasoline and arson, especially in the context of a motorcycle in the yard, is extremely dangerous and can deprive others of their lives. Therefore, regardless of whether Duc's will, purpose, and motive when burning the house were aimed at harming people or not, this is still an act with signs of the above crime.

The urgent detention of the subject by the investigating agency to investigate acts with signs of the above crime is a drastic, timely move, in accordance with the provisions of the law," the lawyer analyzed.

In case of being convicted of a crime, Duc may be subject to the framing circumstances specified in Clause 1, Article 123 of the Criminal Code 2015 as committing the crime by a method capable of killing many people (point l) and for despicable motives (point q). For the framing circumstances of the crime as above, the prosecutable penalty frame will be 12-20 years imprisonment, life imprisonment or the death penalty.

In addition, based on the extent of property damage, the authorities will simultaneously consider the responsibility of the subject for acts showing signs of the crime of destroying or intentionally damaging property according to Article 178 of the Criminal Code 2015.

Also following the incident, lawyer Tran Hoang Linh (Hanoi Bar Association) said that with the above behavioral developments, the consideration of the subject's criminal liability for the crime of committing acts against others according to Clause 1, Article 123 of the Criminal Code 2015 is completely grounded. However, in terms of the penalty frame, because the fatal consequences have not yet occurred, the act will belong to the group of "unsatisfactory offenses" and will be subject to a different penalty than the penalty frame that can be prosecuted.

Specifically, according to Article 15 of the Criminal Code 2015, an unsuccessful crime is a case in which a person intentionally commits a crime but fails to commit it to the end due to reasons beyond the offender's will. Offenders who have not passed the crime must bear penal liability for the crime that has not been achieved.

According to Clause 3, Article 57 of this Code, the penalty level for cases of committing crimes that have not yet been reached is as follows: If the law stipulates that the highest penalty frame is life imprisonment or the death penalty, the imprisonment penalty shall not exceed 20 years; If it is a fixed-term imprisonment, the fine level shall not exceed 3/4 of the imprisonment level prescribed by law.

For the above case, if Duc is convicted of committing a crime under Clause 1, Article 123 of the Criminal Code 2015, because the act has not caused fatal consequences, belongs to the group of offenders who have not yet reached the crime bracket, the highest penalty frame that can be applied will be 20 years in prison.

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