The case of a gun using AK to rob a gold shop in Hue: Psychiatric assessment is required

Also monitoring the incident, lawyer Quach Thanh Luc (Director of Legal Law Firm) said that in constituting the crime of robbery, the purpose of appropriating property is a mandatory sign.

Around 12:30 a.m., a man dressed as a police officer with an AK gun broke into Hoang Duc and Thai Loi gold shops in Dong Ba market. After firing many shots to break the glass cabinet, this man put the gold in his pocket and ran out in front of the market gate, threw the bag of gold on Tran Hung Dao street and the grove, shouting "Gold for the poor".

The robber then walked back to Gia Hoi bridge, down to the hexagonal house area on Trinh Cong Son street, and shot his gun in the air while walking, witnesses said. A woman in the gold shop suffered an abdominal injury and was taken to the hospital.

After catching the suspect in the shooting, on the evening of July 31, the police of Hue City issued a propaganda order, asking people to pick up gold due to the suspect Ngo Van Quoc (38 years old, residing in Huong Thuy town, Huong Thuy town). Thua Thien - Hue province) robbed at Hoang Duc gold shop and Thai Loi urgently returned gold to serve the investigation process.

Doctor, lawyer Dang Van Cuong (Head of the Legal Law Office) considers this to be a serious case. Quoc's behavior showed agitation, affecting social order and security and endangering the lives of people around.

Assessing the details of the suspect wearing a military uniform, using an AK gun to rob property but then throwing gold on the street, lawyer Cuong said that this is an unusual sign. Usually, gold shop robbers try to hide their identity, try to rob a large amount of property and then quickly escape.

However, Quoc wore a police uniform, robbed a gold shop and then threw it on the street for others to pick up. Therefore, he thinks that it is necessary to call for a psychiatric assessment to clarify the awareness and ability to control this person's behavior at the time the incident happened.

In case it is determined that Quoc has full capacity and ability to control behavior, the lawyer said that the suspect's act of using a gun to rob a gold shop has enough elements to constitute a crime of robbery under Article 168 of the Penal Code 2015. .

According to Article 168 of this Code, anyone who uses force, threatens to use force immediately or commits other acts to make the attacked person fall into an irresistible state in order to appropriate property, shall be fined. 3-10 years in prison. In case the value of stolen property is from 50 million VND to less than 200 million VND, the penalty frame will be 7-15 years in prison.

In addition, the authorities will clarify whether the gun the suspect used to commit the crime is a military weapon. If there are grounds to show that this is a military gun, Quoc may be criminally prosecuted for the crime of illegally using military weapons under Article 304 of the Penal Code 2015 with a penalty of 1-7 years in prison.

In addition, if it is correctly determined that Quoc is a person working in the police force, the suspect will be subject to the disciplinary measure of stripping the title of people's police officer before being examined for penal liability.

Also monitoring the incident, lawyer Quach Thanh Luc (Director of Legal Law Firm) said that in constituting the crime of robbery, the purpose of appropriating property is a mandatory sign. If there is no purpose of appropriation, then the act of "using force, threatening to use force immediately or taking other acts to make the attacked person become unable to resist" is not robbery. asset.

However, the purpose "to obtain property" is understood in a broad, universal sense. Accordingly, "in order to appropriate property" is understood as the desire to prevent, seize, temporarily or permanently deprive others of the right to own and use the property. "In order to appropriate property" is not only understood in the narrow sense as appropriating other people's property as their own.

"In the above case, the suspect used a gun to break the glass where the gold was kept. This is an act of using force. When he brought the gold out of the stall, the purpose of appropriating Quoc's property was shown on the website. At this point, the crime of robbery has been completed," the lawyer analyzed.

Therefore, Mr. Luc said that Quoc's subsequent act of bringing gold to the people did not affect or lose the purpose of appropriation of the offender. This is not a factor affecting the determination of criminal liability for the crime of Robbery.

For the people who picked up the suspect's gold, the lawyer said that this is a violation of the law. After the authorities issue a notice, people need to return this property to avoid possible legal risks.

From an administrative perspective, citing Article 15 of Decree 144/2021/ND-CP of the Government, the Director of Law Firm said that those who pick up gold if they do not return it can be punished for public acts. appropriating property or illegally occupying another's property. The penalty frame is a fine of 2-3 million VND.

In case the property value is VND 10 million or more, the violator may be criminally handled for the crime of illegally occupying property or publicly appropriating property according to Articles 176 and 172 of the 2015 Penal Code.

By the end of July 31, the representative of Thua Thien Hue Provincial Police had not confirmed the information that Ngo Van Quoc was still an officer of the police force working at a prison in the area.

Many other questions were also raised by the public as to why Quoc had an AK gun and a cartridge? Why does Quoc wear a police uniform when robbing, and at the same time throw gold on the street after robbing it?

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