If you cut your husband’s penis because he is mentally disturbed, can the wife get a reduced sentence?
As reported, on March 19, in Chieng Hac commune (Yen Chau district, Son La), due to a family dispute, Ms. HTN (SN 1986) used a knife to cut off her husband’s genitals, Mr. Ng. .VH (SN 1993).
Ms. N. has a stepdaughter who is studying in 9th grade. In the process of living together, Ms. H.’s daughter told her mother about Mr. H.’s behavior many times with her grandchildren.
Ms. N. bought a camera to place at her daughter’s bedside. After discovering the incident through the camera, late on March 19, Ms. N. cut off her husband’s “vagina”.
Analyzing the above legal situation, lawyer Dang Van Cuong – Hanoi Bar Association said: Both Ms. HTN and Mr. NVH can be criminally prosecuted for their actions.
Doctor, lawyer Dang Van Cuong
According to the lawyer, the Criminal Investigation Department will also request an assessment of the victim’s injuries to prosecute a criminal case for the crime of Intentional Injury, according to Article 134 of the Penal Code, and consolidate documents to initiate prosecution against the accused. with his wife to investigate according to the law.
In case the victim’s penis cannot be connected, leaving many sequelae, the victim’s injury may be over 61%.
At that time, the penalty that the person committing the crime must face is a prison term of 7-14 years, according to the provisions of Clause 4, Article 134 of the Penal Code.
In case the victim’s penis and testicles are found, the surgery is successful, in order to minimize sequelae, the cumulative injury will also range from 31% to 60%.
At that time, the perpetrator will face a penalty of 5-10 years in prison, according to Clause 3, Article 134 of the Penal Code.
If the wife cuts off her husband’s penis in a state of intense agitation due to the husband’s fault, the wife will be relieved of a portion of her criminal liability.
In case the victim is not treated in time, leading to death, the penalty can be up to 14 years in prison.
According to the lawyer’s analysis, if there are grounds to show that the victim has committed lewd acts or other acts of sexual abuse towards the stepchild of his wife, the traffic police can also criminally handle this person for the crime. Obscenity with a person under the age of 16 or other sex crimes if the behavior satisfies the signs of a crime.
In case there are grounds to show that this man has sexually abused his wife’s stepchildren, resulting in the wife’s act of cutting off the husband’s penis, this will be determined as sexual harassment. commit crimes due to strong mental agitation. Because it comes from the mother’s instinct to protect her child, it can be seen that when N. told her husband, but H. did not admit it, but continued to commit violations. Therefore, in this case, Ms. N. will be applied to commit a crime in the case of mental agitation caused by the victim’s illegal behavior.
At that time, the wife will be applied the fact that the offender is partly at fault, so she will be partially relieved of her criminal responsibility.
Regarding the incident, on March 22, talking to us, the leader of Tuyen Quang General Hospital said that Mr. H.’s health is stable now, but this patient will be forever gone. fertility due to the complete loss of testicles.
The little girl – the stepchild of Ms. N. was examined for forensic examination. As for the camera recording the incident, the police have now seized it to serve the investigation.
at Blogtuan.info – Source: Afamily.vn – Read the original article here
