The case of the young man "handling down" with a 3-year-old baby and then putting it in the freezer, the lawyer revealed the maximum sentence?

As a person who has participated in defending many cases related to children, Lawyer Nguyen Anh Thom said that the crimes of the milk tea shop owner need to be dealt with strictly to deter society.

Regarding the case of a 3-year-old boy being abused by the owner of a milk tea shop and then put in the freezer, public outrage. At the authorities, suspect Nguyen Truong Giang confessed that he was angry because he asked a lot, afraid that his family would make compensation, so he had an intention to kill the victim. It is known that on the afternoon of August 13, D went alone to Giang's milk tea shop next to the house. At this time, Giang is cleaning and D eats and drinks and then goes to bed to play normally.

However, in the process of being here, he said many times: "What are you doing? You come here to play with me". Unable to control the behavior, the young man used a metal pestle to hit the baby's head, causing the baby to fall off the bed, hit the ground and cry loudly. Seeing the 3-year-old baby crying continuously and calling his mother, Giang squeezed his mouth and pressed his neck to the floor. About 1 minute later, when he was silent, Giang left his hand and ran out the door to see if anyone was there, then the child continued to shout "Grandpa, mom, you hit me".

Not only was he not aware of his behavior, the owner of the milk tea shop cruelly used a shoelace to tighten it, tie it around his neck and put it in a cardboard box. At this point, D was lying still and did not respond, so the young man opened the cabinet, put the whole cardboard box into the refrigerator, carefully used a bag of ice cubes to put it on top. After completing the concealment, the 25-year-old man locked the glass door, closed the door of the milk tea shop and used a motorbike to leave the scene.

About 30 minutes later, Grandpa D checked the camera and saw that he entered the shop with too much milk but did not see it. Suspicious that something is wrong, so he called someone to break the door. By the time I opened the freezer lid, I was freezing cold and numb. Around 10:30 p.m. on the same day, Ha Nam Provincial Police arrested the suspect Truong Giang while fleeing to Hanoi.

As a famous lawyer specializing in defending cases related to children and most recently the case of an 8-year-old boy in Ho Chi Minh City. Ho Chi Minh. Lawyer Nguyen Anh Thom could not hide his frustration at the suspect's cruel behavior. Lawyer Thom emphasized that this is a dangerous act that needs to be dealt with strictly to set an example before the law. In recent times, there has been a steady increase in the incidence of child abuse. Therefore, it is necessary to thoroughly investigate the responsible capacity, subjective consciousness and motivation of the milk tea shop owner. From a legal perspective, Lawyer Nguyen Anh Thom said that Nguyen Truong Giang could face 20 years in prison as prescribed in Articles 15 and 57 of the Penal Code.

LAWYER VIEWPOINTS THROUGH:

The suspect's behavior is cruel, infringing on the life and health of children, who are special objects protected by law, so it is necessary to strictly handle them according to the provisions of the law.

Initial information is known, the subject used shoelaces to tie his neck, then locked the baby in the freezer. Fortunately, the family through checking the security camera knew the incident and quickly took the baby out of the closet, going to the emergency room in the night. As of now, the baby's health is stable.

In order to have a basis for handling the subject, the investigating agency needs to clarify the motive, purpose, subjective consciousness, capacity of criminal responsibility of the subject when abusing the baby, locked in the freezer.

On the other hand, the investigative agency will solicit an assessment of whether or not such a baby is put in such a freezer, potentially dangerous to life, and for how long, if it is not detected. , timely help.

If the expert agency's assessment results determine that keeping a baby in a freezer is dangerous to life, the subject will be responsible for the crime of Murder as prescribed at Points b, n , Clause 1, Article 123 of the Penal Code. Regardless of the conflict or motive, the crime of the subject is also a case of murder under the age of 16 and has a hooligan nature. If the child does not die because the family finds it and takes it to the emergency room in time, the offense committed by the subject of the crime has not been met with the maximum penalty frame of up to 20 years in prison as prescribed in Article 15. Article 57 of the Penal Code.

Recently, there have been many cases of child abuse that have been severely handled by law enforcement agencies. However, the situation of crimes against children is still very complicated, requiring the whole society to be determined to prevent and prevent acts of violence against children. Because child abuse is an unjustifiable crime in a civilized society.

Article 123. Crime of murder

1. Those who commit murder in one of the following circumstances shall be sentenced to between 12 and 20 years of imprisonment, life imprisonment or capital punishment:

a) Killing 02 or more people;

b) Murder of a person under the age of 16;

c) Killing women knowing they are pregnant;

d) Murder of a person on duty or for reasons of the victim's official duty;

d) Killing their grandfather, grandmother, father, mother, foster person, teacher, teacher;

e) Murder committed immediately before or immediately after the commission of a very serious crime or a particularly serious crime;

g) To commit or conceal another crime;

h) To take the victim's body parts;

i) Committing the crime in a barbaric manner;

k) By taking advantage of profession;

l) By a method capable of killing many people;

m) Hire to kill or kill tenants;

n) Being of a thug nature;

o) Organized;

p) Dangerous recidivism;

q) Because of despicable motives.

2. Committing the crime not in the cases specified in Clause 1 of this Article, the offenders shall be sentenced to between 07 and 15 years of imprisonment.

3. Those who prepare to commit this crime shall be sentenced to between 01 and 05 years of imprisonment.

4. Offenders may also be banned from practicing certain professions or doing certain jobs for one to five years, subject to probation or residence ban for one to five years.

Vụ nam sinh lớp 8 bị tác động ra đi: Bố và em thủ phạm là đồng phạm? Hoàng Anh14:35:04 15/08/2024Liên quan đến vụ nam sinh lớp 8 bị tác động vật lý mất sự sống, ngày 14/8, Cơ quan Cảnh sát điều tra Công an quận Long Biên (Hà Nội) đã ban hành kết luận điều tra vụ việc này.