The husband’s cut: What are the extenuating circumstances for the wife?
According to the lawyer, both the wife and husband in the above case are likely to be criminally handled. However, the wife will have many mitigating circumstances of criminal responsibility.
As reported, the police of Yen Chau district, Son La province, are investigating the case that Mr. NVH (29 years old, residing in Chieng Hac commune, Yen Chau district) had his penis and testicles severed by his wife, HTN (36 years old).
The reason why the wife used a knife to amputate her husband’s penis
According to the authorities, Ms. N. discovered that her husband repeatedly played tricks with her stepdaughter, who was in grade 9, so on the night of March 19, when Mr. H. was drunk, the wife used a knife. cut off the penis of husband.
After committing the crime, the suspect surrendered to the authorities, and the victim was taken to the emergency room but no longer had a penis and testicles. The man’s health is now stable and out of danger.
Mitigating circumstances for the wife
Analyzing the above legal situation, Dr., lawyer Dang Van Cuong (Head of Chinh Phap Law Office, Hanoi Bar Association) said that the case is currently in the process of dealing with news.
When there are grounds to determine that there is a crime committed through the evidence collected by the investigating agency, the investigating agency will prosecute a criminal case for the crime of intentionally causing injury according to article 134 of the Penal Code. the.
At the same time, it will be clarified to prosecute the accused against the woman who has performed the act of cutting her husband’s quarters for this crime.
The investigating agency will conduct an injury assessment to determine the extent of the victim’s injuries as a basis for solving the case. In addition, during the investigation of the case, the investigating agency will clarify the cause of the incident, clarify the behavior of the perpetrator, the characteristics of the weapon that committed the crime, the motive and purpose of committing the violation. crime, the offender’s identity, the offender’s attitude and perception, as the basis for determining the crime, as a basis for the court to decide the penalty when assessing the punishment.
In principle, the investigating agency is responsible for both collecting incriminating evidence and collecting exculpatory evidence to comprehensively evaluate the case before making investigation conclusions and proposing prosecution against the accused.
Doctor, lawyer Dang Van Cuong – Hanoi Bar Association
Lawyer Cuong said that, if after the incident happened, this woman went to the investigating agency to report the whole incident, actively confessed to the crime before being discovered, this person would be punished. Using extenuating circumstances is that the offender confesses, this is a significant extenuating circumstance of criminal liability as prescribed by law.
In addition, during the investigation, if this person sincerely declares, repents, fully and clearly confesses the crime, actively cooperates with the investigating agency to clarify the matter, it will also entitled to extenuating circumstances is that the offender sincerely declares and repents.
In case the investigation results show that this woman’s testimony about the cause of the incident is true, there are grounds to show that this man has committed acts of violence. sexual abuse For this woman’s stepchild, the investigating agency will deal with this man for sexual abuse, and this may also be a basis for mitigating a part of the criminal responsibility. for this woman according to the provisions of point e, clause 1, article 51 of the penal code: “e) Committing the crime in case of mental agitation caused by the victim’s illegal acts; “.
In the case that this woman has a lot of information about the sexual abuse of her stepchild, she asked the man to stop the illegal act, but this man intentionally committed the act. breaking the law, making this woman angry, angry, committing intentional acts of causing injury in a state of anger and indignation, this can also be determined as a partial extenuating circumstance. criminal liability for the illegal acts of the above man.
The doctor of law said that the content of the woman’s testimony about the reasons and motives for her husband’s act of cutting the penis is very important, both as a basis for accusing this man, and as a basis for the crime. to consider mitigating a part of the criminal liability for this woman (to apply the circumstances of committing the crime in a state of mental agitation caused by the victim’s illegal acts).
In case there are grounds to show that this man has committed illegal acts such as lewdness with a person under 16 years old or having intercourse with a person under 16 years old or raping a person under 16 years old, the investigation agency will continue. prosecute the criminal case, prosecute the accused to deal with this man and at the same time, this is the circumstance to determine the offender is partly at fault, causing this woman’s spirit to be agitated, leading to real life. committing a crime.
According to the Law & Readers
at Blogtuan.info – Source: 2sao.vn – Read the original article here