The case of 2 fishermen who were 'killed' like medieval times on a fishing boat in Ca Mau: 'Sinking the canoe' for receiving compensation?

Lawyer Hoang Tung said that the Criminal Procedure Code stipulates that some crimes can only be prosecuted at the request of the victim. It means that the competent authority must receive a request from the victim to prosecute the case, otherwise this prosecution is unlawful.

Regarding the clip of the man being "killed" on the fishing boat, lawyer Ho Nguyen Le, Director of Tin Nghia Law Firm (Ho Chi Minh City). HCM) said that, judging by the report of the People's Committee of Tran Van Thoi district, the victims actually had consequences of injuries. Although through work, both Mr. T.V.T (47 years old, An Minh Bac commune, U Minh Thuong district, Kien Giang province) and Mr. Le Van B (30 years old, from U Minh Thuong district, Kien Giang province) do not require criminal penalties, but with the consequences of injuries as above, the police agency when receiving the reported information must conduct a rate assessment prescribed disability.

On May 28, Mr. B. went to the police of Song Doc town to report about the incident where he was injured on a fishing boat bearing BKS: BT 97993-TS. On May 30, it was Mr. T.'s turn to go to the police of Song Doc town to report the same incident.

After taking possession of the case, the police of Song Doc town 3 times asked Ms. Ha to send the boat to the shore to clarify the case, but Ms. Ha has not brought the boat to the shore to work. According to the report of the People's Committee of Tran Van Thoi district, the boat has not yet come ashore, so the authorities have not been able to work with the subjects on the boat.

Talking to PV, Chairman of the District People's Committee Tran Van Thoi, Mr. Tran Tan Cong said that the district has now reported the incident to the Ca Mau Provincial People's Committee and directed the authorities to conduct an investigation to clarify the incident. Meanwhile, the People's Committee of Ca Mau province in the afternoon of 17/11 also issued an express document on checking and verifying information about fishermen being "killed" on fishing boats.

Regarding the above case, lawyer Hoang Tung (Head of Trung Hoa Law Office - Hanoi Bar Association) said that criminal case prosecution is the activity of the procedural agency to determine that there is a criminal incident to conduct criminal investigation and detection. Pursuant to Article 143 of the CrPC 2015, amended and supplemented in 2017, competent agencies may only prosecute cases when identifying signs of crime. Thus, the defendant's claim is only a condition and not a ground for prosecution.

"Therefore, if there is only a request for prosecution without signs of a crime, the authorities cannot initiate criminal proceedings. In cases where there are signs of crime but fall into cases where the request of the victim is required without the request of the victim, criminal cases shall not be prosecuted.

On the contrary, if there are signs of crime but do not fall into the case where the victim's request is required, even if the victim does not request prosecution, the act with criminal signs will still be prosecuted," Tung said.

However, lawyer Hoang Tung said that the Criminal Procedure Code stipulates that some crimes can only be prosecuted at the request of the victim. It means that the competent authority must receive a request from the victim to prosecute the case, otherwise this prosecution is unlawful.

According to lawyer Hoang Tung, in case of prosecution, the above group may face the crime of intentionally causing injury or harming the health of others specified in Article 134 of the CrPC in 2015, amended and supplemented in 2017 (except for Clause 1 of this Article).

Brothers T. and B. are employees of the chair owner, while the children of the boat owner are the ones who directly caused the injury to the victim. When going to sea, brothers T, B. are completely dependent on material and spiritual resources, so the victim cannot protect himself at sea and until he reaches the mainland to report to the police.

The lawyer further explained: "Any person who dehumanizes or humiliates his dependents if he causes mental and behavioral disorders of the victim with a rate of bodily harm of 31% or more shall be dealt with under the crime of 'acting' with others."

The question is that after months of no assessment, if the wounds have healed, can the injury rate be assessed?, Le said, the assessment for the requirement of "nature of injury, degree of health damage" is a mandatory assessment under the provisions of the Criminal Procedure Code in Article 206. Therefore, even if the wound has healed, it can still be assessed to serve as a basis for handling according to the law.

In case the victim refuses to be assessed, he or she will be escorted or escorted to assessment according to the provisions of the Criminal Procedure Code at Point b, Clause 2, Article 127 stipulating "escort and interpretation". Specifically, the interpretation can be applied to "the victim in case he refuses the assessment according to the decision of the competent authority to conduct the proceedings without force majeure or due to objective obstacles...".

Diễn biến nóng vụ ngư dân bị ra tay tàn bạo trên tàu cá ở Cà Mau Jisoo16:04:12 29/12/2022Sau khi sự việc xảy ra, Bình Dương Văn Bình nhận 150 triệu đồng từ chủ tàu cá để bồi thường cho ông Trung. Tuy nhiên, nạn nhân chỉ nhận được 20 triệu đồng trong số tiền bà Phạm Thị Hà (ngụ huyện Ba Tri, tỉnh Bến Tre) bồi thường