The case of stabbin.g a mobile phone died: The suspect behaved strangely, is he exempt from criminal liability?

According to the people, at the time of committing the crime, the suspect in the stabbin.g to deat.h of the mobile police showed abnormal expressions, was not conscious, and suspected of being "stoned". Is it exempt from criminal liability?

The Criminal Police Division is currently presiding over and coordinating with the Provincial People's Prosecutor's Office, the Criminal Technical Department, the Forensic Center of Ba Ria - Vung Tau province to investigate and clarify the case of Duong Huu Tri (other name: Ty Heo, born in 1987; residing in Nguyen An Ninh, Ward 7, Vung Tau City) who stabbed to deat.h a soldier of the Mobile Police Department, Ba Ria - Vung Tau Provincial Police.

Analyzing the case, Lawyer Hoang Trong Giap (Director of Hoang Sa Law Firm, Hanoi Bar Association) said that according to the current law, there is no exact definition for the concept of "stoned".

According to lawyer Giap, in daily communication, "stoned" is a term often applied to refer to people who fall into a state of psychosis, paranoia, hallucinations, loss of control of emotions, cognition and behavior due to the use of banned substances or stimulants.

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Therefore, for people suspected of being "stoned" when committing crimes, it can be based on Article 13 or Article 21 of the Criminal Code 2015. Specifically, Article 13 states: "Offenders who lose their cognitive ability or ability to control their behavior due to the use of alcohol, beer or other strong stimulants shall still be subject to criminal liability."

Article 21 stipulates the status of persons who do not have the capacity for penal liability as follows: "A person who commits an act dangerous to society while suffering from a mental illness or another disease that causes the loss of his cognitive ability or ability to control his or her behavior shall not be subject to penal liability".

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Thus, it can be seen that people who are suffering from mental illness or other diseases that cause loss of cognitive ability and ability to control behavior are not subject to criminal liability. On the contrary, in case the perpetrator of the offense loses his or her behavioral capacity as a result of the use of alcohol or other strong stimulants (or "stoned"), he or she is still subject to criminal liability.

"Offenders cannot use alcohol and stimulants as an excuse to justify their criminal acts because before using those stimulants, they must be aware of the possible consequences," said lawyer Giap.

Regarding the above case, today (5/3), the Ba Ria - Vung Tau Provincial Police Investigative Agency prosecuted the case, prosecuted the accused to investigate and clarify the act of killin.g people, resisting people on duty and destroying property against Duong Huu Tri. Tri was determined to have stabbed Sergeant Nguyen Ngoc Minh Nhat with a sharp object, a mobile police soldier of the Ba Ria - Vung Tau Provincial Police who died.
Previously, on the morning of March 3. The police of Ward 7 (Vung Tau City, Ba Ria - Vung Tau Province) came to Duong Huu Tri's house to check and invite Tri to the ward to test for banned substances as planned. However, the subject did not comply, chased and slashe.d with a knife, tearing the shirt of Comrade Bui Viet Giang (an officer of the grassroots security and order force in Ward 7, Vung Tau city), then returned to burn the working group's motorcycle and went home.

Receiving the report, the Regional Criminal Team in charge of Vung Tau City of the Provincial Police Department assigned forces to coordinate with units to mobilize and persuade but the subject did not comply, continued to entrench himself in the house, and used the police force. After that, the subject Tri continued to stand upstairs and splashed boiling water on the forces participating in solving the situation, causing Comrade Le Tuan - Regional Police of Ward 7 Police to be burne.d.

Faced with the above situation, the working group including Comrade Nguyen Ngoc Minh Nhat (born in 2001) conducted close proximity to control the subject. In the process of continuing to close and control, Comrade Nhat was stabbed in the right chest area by Tri with a sharp object, causing serious injuries. The working group took Comrade Nhat to the emergency at Vung Tau Hospital, at about 13:30 on March 3, Comrade Nhat died.

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