The case of a girl arrested in Hai Phong: Lawyers intervene, analyze the legal situation

Regarding the recent incident in which a 3-year-old child studying at Thien Huong Kindergarten (Thuy Nguyen, Hai Phong) was taken away by a stranger, public opinion believes that the authorities should also consider holding the school responsible.

Speaking to the media, lawyer-MSc. Hoang Thi Huong Giang (Hanoi Bar Association) said that in this incident, it was very fortunate that the child was found by the authorities, safe and in stable health. However, the authorities will clarify the cause, motive, and purpose of the woman who took the child away to have a basis for handling according to legal regulations.

There is information that this woman has signs of mental illness, so the authorities will also decide to request a psychiatric assessment for this person. If the results show that this person has a mental illness and is unable to perceive and control his or her behavior, he or she will not be prosecuted. However, the authorities may decide to send them to a specialized treatment facility for compulsory treatment according to the provisions of Article 49 of the Penal Code.

If the assessment results show that this person has sufficient awareness and ability to act, and has sufficient criminal capacity, the competent authority will investigate, verify, and clarify the motive and purpose of this person's actions to handle them according to regulations. Specifically, if there is an act of holding children hostage to appropriate property, they may be prosecuted for the crime of holding children hostage to appropriate property according to the provisions of Article 169 of the Penal Code.

If using force, threatening to use force or other tricks to seize or hand over to others to seize children, one may be prosecuted for criminal liability for the crime of appropriating a person under 16 years old according to the provisions of Article 153 of the Penal Code.

Lawyer Hoang Thi Huong Giang also added that in this case, because the child was fortunately found safe and sound, the school (teacher in charge) will not be held responsible. If serious consequences occur, such as causing 61% or more damage to the child's health... the teacher in charge may be prosecuted by the investigating agency for criminal negligence causing serious consequences as prescribed in Article 360 of the Penal Code.

"This incident is also a lesson for educational institutions and schools in managing and looking after children. Absolutely do not let strangers into the school or approach children to avoid unfortunate consequences.

In fact, the situation of kidnapping children has recently become quite common. Therefore, schools and parents need to be more vigilant, avoid strangers from contacting children, luring children to commit illegal acts. In addition, it is also necessary to raise education for children not to contact strangers, not to follow strangers on their own... to limit bad situations from happening," emphasized lawyer Hoang Thi Huong Giang.

At around 4:30 p.m. on January 13, Thuy Nguyen City Police, Hai Phong received a report from the family of NTM (3 years old, student of Thien Huong Kindergarten) who was taken away by taxi by a stranger to the school, whereabouts unknown.

During the investigation, the police identified Dong Thi Thu (18 years old, living in Hoang Lam ward, Thuy Nguyen city) as the person who went to school to take NTM. Dong Thi Thu showed signs of mental illness.

At 3:30 p.m. on January 14, the authorities coordinated with the people to find NTM and hand her over to her family; at the same time, they worked with Dong Thi Thu to verify and clarify the cause of the incident.

Regarding the incident, on the afternoon of January 14, the leader of the Department of Education and Training of Thuy Nguyen City said that 2 teachers of Thien Huong Kindergarten had been temporarily suspended from work.