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A 3-year-old girl with a nail in her head died, what is the mother’s responsibility?

After nearly 2 months of treatment, a 3-year-old girl had a nail in her head by her mother’s lover. Legal experts have analyzed the crimes of the mistress as well as the responsibility of the mother.

The culprit faces the highest punishment

As believe brought, on the evening of March 12, baby Do NA (3 years old, in Canh Nau, Thach That, Hanoi), a girl whose mother’s mistress stuck a nail in her head, died after nearly 2 months of intensive treatment. . The doctor of Saint Paul Hospital said that the baby suffered brain damage due to foreign objects in his head, which cannot be recovered.

Regarding the incident, on January 20, Nguyen Trung Huyen (SN 1992, residing in Thach Hoa commune, Thach That, Hanoi) was prosecuted and detained for 4 months to investigate the crime of “Murder”. according to Article 123 of the Penal Code 2015. Huyen was identified as a suspect of many times abusing NA baby, including putting nails in her head.

A 3-year-old girl with a nail in her head died, what is the mother's responsibility?  - first

Suspect Nguyen Trung Huyen with the evidence of the case (Photo: CTV).

Before the new development of the case (the child died), Doctor, lawyer Dang Van Cuong – Head of the Chinh Phap Law Office (Hanoi Bar Association) – said that Nguyen Trung Huyen would face with the maximum penalty of life imprisonment or the death penalty.

Lawyer Cuong analyzed, for the act of murder, if the victim does not die, the suspect is determined to have committed an unsatisfactory crime, then the maximum penalty will not exceed 20 years in prison. For murder cases where the victim dies, the highest penalty for the suspect can be life in prison or death.

Citing the provisions of Article 15 of the 2015 Penal Code, the head of the Fa-rectification lawyer’s office said that an unsuccessful crime is intentionally committing a crime but not being able to do it to the end for reasons beyond the will of the offender. Persons who commit unsatisfactory crimes must bear penal liability for unsatisfactory crimes.

In this case, if the victim is lucky to survive, according to lawyer Cuong, the perpetrator only faces a penalty of not more than 20 prison terms as prescribed in Articles 15 and 57 and 123 of the 2015 Penal Code.

However, the baby died, so the suspect will face the highest penalty frame of life imprisonment or death. In this case, with the cruel and dehumanizing behavior, the head of the Fa-rectification law office said that the subject would face the highest penalty of death.

Mother’s responsibilities need to be considered

Agreeing with lawyer Dang Van Cuong, lawyer Ta Anh Tuan – Head of Bach Gia Luat Law Office and Joint Venture (Hanoi Bar Association) – said that, in addition to having to bear criminal responsibility with a high At the very least, the perpetrator will have to compensate for all the damage caused to the girl and the victim’s family.

Some damages can be quickly identified such as: medical expenses in the past time, carer’s wages, funeral expenses and compensation for emotional loss to the victim’s family.

According to lawyer Tuan, in case the two sides cannot reach an agreement, the court will decide according to the provisions of law on compensation for damage caused by the victim’s life being violated.

Analyzing the behavior of the suspect Nguyen Trung Huyen, Head of the Law Office of Bach Gia Luat and the Joint Venture, said that this subject’s behavior has signs of a series of circumstances specified in Clause 1, Article 123 of the Penal Code. 2015.

These are the details: “Murder under the age of 16” (victims who need special attention and protection from society); “Committing a crime in a barbaric manner” (murder in a particularly cruel, barbaric manner, inflicting great pain on the victim before death, killing by torturing or causing horror to others) ; “For despicable motives” (evil, mean, vile…).

With a series of above circumstances, according to lawyer Tuan, in order to ensure the rigor of the law and protect children’s right to life, the procedural authorities need to apply sanctions to handle the object strictly. Best.

In addition, lawyer Tuan also assessed that if the authorities had enough evidence to prove that Nguyen Trung Huyen had committed cruel acts to kill the baby many times without success, the subject would have to bear more details. The aggravating framework is to commit the crime twice or more.

Regarding the responsibility of the mother, lawyer Ta Anh Tuan said that the investigating agency also needs to clarify the role of the mother in the case.

“In case the investigating agency determines that there are grounds to show that the mother has incited and incited the suspect or failed to dissuade the mistress from committing cruel acts, she can be dealt with as an accomplice of the suspect. Murder – spiritual help.

In other cases, if there are grounds to determine that the mother knows the act of nailing her child’s head but does not report it to the authorities, the investigating agency may criminally handle this person with the act of not denouncing the crime. crime” – Mr. Tuan analyzed.

Regarding the case, lawyer Le Hong Hien (Law Firm Le Hong Hien & Associates – Hanoi Bar Association), who defends the legitimate rights and interests of Do NA’s nephew, said the investigating agency Still investigating and clarifying the mother’s behavior, no conclusions yet.

According to Dan Tri

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