The young man killed his girlfriend because he refused to go to the motel: The police need to clarify many details in the case

On the afternoon of May 11, the police of Lao Cai province said that they had handed over Le Van Luan (35 years old, from Bao Thang district, Lao Cai province) to the Hai Phong City Police to investigate the act of murder.

Luan was arrested by the police.

Talking to PV Infonet about the above case, lawyer Do Thanh Hung – VPLS Trung Hoa (Hanoi) said: “The 2015 Criminal Code, amended and supplemented in 2017 stipulates different crimes based on the nature of the crime. nature and seriousness of the offence, as well as based on the object of the crime, etc.

Initially, it was possible to determine that the above behavior of Le Van Luan seriously infringed on the health and life of D.TX. With the act of “threating a knife”, then “stabbing the stomach with a knife many times” , back and arms” causing Ms. X to collapse, showing the barbaric and dangerous level of the behavior that the subject has committed.

According to lawyer Hung, in the 2015 Penal Code, revised and supplemented in 2017, Chapter XIV stipulates that crimes infringing on human life, health, dignity and honor already have a law on Murder and Crime. intentionally causing injury or causing harm to the health of others, respectively in Article 123 and Article 134.

To be able to clearly conclude which crime Le Van Luan belongs to, it should be combined with the subject’s subjective consciousness to determine. At the same time, it must be based on the results of the health assessment and the percentage of body damage.

From the above evidence, lawyer Hung stated: “The investigating agency needs to further determine whether the “knife” that Le Van Luan used to stab Ms. X was because he had prepared it in advance. What was the original intention and purpose of the subject to invite Ms. X to go to the motel to do? Is it simply about emotional problems or because of conflicts that happened before, so you want to “revenge”?

When coming to see Ms. X, how was the subject’s health, state, and spirit? Why did the subject run away when he saw Ms. X collapsed on the floor, did she call an ambulance for Ms. X? After fleeing from the scene, in the following days, did the subject contact, visit or intend to compensate for the damage/remediate the consequences that he had caused to Ms. X?…

If the offense is committed in a highly agitated mental state, you can also refer to the crime of intentionally causing injury or causing harm to the health of another person in a highly agitated mental state, which is defined as: prescribed in Article 135 of the Penal Code 2015, amended and supplemented in 2017”.

Whether Luan invited Ms. X to go to a motel and then turned to kill the victim, committing rape or not, Lawyer Hung said: “In the 2015 Penal Code, the 2017 amendments and supplements also contain provisions on the crime of rape in Article 141: “Whoever uses force, threatens to use force or takes advantage of the victim’s defenseless state or other tricks to have intercourse or perform other sexual acts against the victim’s will shall be sentenced to between 2 and 07 years of imprisonment”.

From the above statement, lawyer Hung analyzed: “It is not possible to conclude hastily that Le Van Luan’s actions constitute a rape crime according to Article 141. Because, we have not determined the purpose of Le Van Luan. Asking sister X to go to a motel to do? Is it exactly for sex or not?

Suppose it is for sex – at this time, the element of the subject of the crime has been satisfied: Le Van Luan uses force or threatens to use force to force Ms. X to perform illegal sexual acts. will with him.

However, this is not enough to determine the crime of rape under Article 141 because the act of intercourse has not occurred in reality. In terms of committing an unsatisfactory crime, the “unsatisfactory crime” is defined in Article 15 of the 2015 Penal Code, amended and supplemented in 2017. An unsatisfactory crime is the intentional commission of a crime but failure to do so to the end because of the following reasons. unintentional causes of the offender.

Le Van Luan, after seeing that Ms. X did not agree with the request, switched to using a knife to threaten and then stab Ms. X with a knife – This is not an unintentional reason of the offender leading to not committing the crime The crime was committed to the end, but because the offender himself at this time chose to use a knife to stab many times, threatening the life and health of the victim. Therefore, it is not possible to consider the crime of Rape or Rape unsatisfactory for Le Van Luan because there are not enough elements to constitute a crime.”

According to Lao Cai Provincial Police, at about 6:30 pm, on May 10, in the area of ​​​​Luong Lao 2 village, Coc San commune, Lao Cai city, the Lao Cai provincial police coordinated with the police of Coc San commune and Phong Canh. The criminal investigation of Hai Phong city police successfully rounded up and arrested the subject Le Van Luan (born in 1987, there was a police officer in Xuan Quang commune, Bao Thang district, Lao Cai province) – the one who caused the attempted murder that happened in the city. Hai Phong street at the end of April 2022.

Before that, Le Van Luan had a love relationship with Ms. D.TX (born in 2000, living in Xuan Quang commune, Bao Thang district, Lao Cai province). By 2021, Ms. X. went down to Hai Phong city to open a spa shop selling beauty services.

In early 2022, Luan also went to Hai Phong city and lived with his lover. However, after a while, Luan rented an apartment in another place because the two people often had conflicts. At dawn on April 28, Le Van Luan went to Ms. X’s Spa and asked her lover to go to a motel, but she refused.

Immediately after, Luan threatened and forced his lover to leave, but Mrs. X panicked and shouted. Seeing that, the subject used a knife to stab many times in the abdomen, back and arm, causing Ms. X to fall to the floor, then fled the scene. Fortunately, the victim was taken to the emergency room in time and was out of danger.

As for Le Van Luan, after fatally stabbing his lover, he fled in many places such as Ha Nam and Hanoi and returned to Lao Cai city.

Hai Phong city police coordinated with police of units and localities to organize measures to verify and track down objects.

With the help of the Criminal Police Department of the Lao Cai Province Police, the combined force used synchronously professional measures to discover Le Van Luan’s hiding place in Lung Lao 2 village, Coc San commune. Lao Cai city and arrested the subject at 6:30 pm on May 10.

Yen River