Police in Quynh Nhai district, Son La province are expanding their investigation into the case of a 9th-grade female student in Chieng Khoang who was abused by four young men and filmed a clip.
Accordingly, the authorities are tracing the source of posting and distributing the clip of the incident to determine who shared the above depraved content.
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Regarding legal issues, discussing in the press, Lawyer Dang Van Cuong, Head of the law office of Chinh Phap, commented that the act of spreading sensitive images and clips of others online, including the government. If the owner agrees, they are all violating the law and showing signs of providing and sharing lewd and depraved information that is not in line with the nation’s fine customs and traditions.
Citing Point b, Clause 1, Article 101 of Decree 15/2020/ND-CP of the Government, lawyer Cuong said that violators will face a fine of 10-20 million VND.
Mr. Cuong said the police agency needs to clarify many issues such as the size of the clip being distributed, the method of performing the behavior or the number of people accessing the clip.
If there are enough elements to constitute a crime, the violator may be examined for penal liability for the crime of spreading depraved cultural products under Article 326 of the Penal Code 2015 with a maximum sentence of 15 years in prison.
In another development related to the case, the police of Quynh Nhai district, Son La province, prosecuted the accused against 4 people for the crime of raping people under 16 years old.
The district police commander said that the defendants were all under 18 years old, some were under 16 years old. So, the punishment for the accused under 18 years old?
According to lawyer Cuong, the act of taking advantage of the victim’s defenseless status due to drunkenness, illness, drug use or other objective reasons to have sex will be prosecuted. Penal liability for rape, specified in Article 141 of the Penal Code.
The investigating agency will verify the date, month and year of birth of the victim to clarify the age of the victim at the time of rape, as a basis to consider liability for violators.
In case the victim is determined to be under 16 years old, the person who commits the rape will be criminally handled for the crime of raping a person under 16 years old, according to Article 142 of the Penal Code.
According to Clause 3, Article 142, the highest penalty frame for a convicted person is life imprisonment or death, provided that the offender is an adult (full 18 years old).
For minors who commit rape of people under 16 years old, the maximum penalty is 18 years in prison. Because Vietnamese law does not apply life imprisonment or death penalty to minors.
Specifically, those between the ages of 16 and under 18 who commit crimes will be sentenced to no more than 18 years in prison and not more than 12 years in prison for those aged full 14 but under 16 years old.
at Blogtuan.info – Source: Eva.vn – Read the original article here
