Recently, the case of two Vietnamese artists accused of raping a 17-year-old girl in Spain is causing a stir on social networks. Do many people wonder how these two artists will be handled? So, how are Vietnamese citizens committing crimes abroad handled? So, let’s find out with Lawyer X.
Legal grounds
Penal Code 2015 Amendments and Supplements 2017
Criminal Procedure Code 2015
How are Vietnamese citizens committing crimes abroad handled?
According to the provisions of Clause 1, Article 6 of the Penal Code 2015 amended and supplemented in 2017; the effect of the Penal Code for criminal acts outside the territory of the Socialist Republic of Vietnam; is as follows:
“1. Vietnamese citizens or Vietnamese commercial legal entities committing crimes outside the territory of the Socialist Republic of Vietnam which this Code defines as crimes may be examined for penal liability in Vietnam. Vietnam per this Code.”
Thus, Vietnamese who commit crimes abroad can be criminally handled according to the provisions of Vietnamese law
The handling of crimes taking place in foreign countries also needs to go through mutual legal assistance agreements on criminal matters between Vietnam and the host country.
According to the provisions of the Criminal Procedure Code 2015, the scope of international cooperation in criminal proceedings must ensure the principle of respect for each other’s independence, sovereignty, and territorial integrity and the principle of reciprocity. Again, under international laws and practices, not against Vietnamese law
“Article 491. Scope of international cooperation in criminal proceedings
1. International cooperation in criminal proceedings means that competent agencies of the Socialist Republic of Vietnam and foreign competent agencies coordinate and support each other to carry out activities. serve the requirements of the investigation, prosecution, trial, and execution of criminal judgments.
2. International cooperation in criminal proceedings, including mutual legal assistance in criminal matters; extradition; receiving and transferring persons currently serving prison sentences, and other international cooperation activities prescribed in this Code, the law on mutual legal assistance, and international treaties to which the Socialist Republic of Vietnam is concerned. Is a member.
3. International cooperation in criminal proceedings in the territory of the Socialist Republic of Vietnam shall comply with the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory or on the principle that reciprocity, per the provisions of this Code, the law on legal assistance and other relevant provisions of Vietnamese law.
Article 492. Principles of international cooperation in criminal proceedings
1. International cooperation in criminal proceedings is carried out on the principle of respect for national independence, sovereignty, and territorial integrity, non-interference in each other’s internal affairs, equality, and mutual benefit. By the Constitution, laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a signatory.
2. Where Vietnam has not signed or acceded to relevant international treaties, international cooperation in criminal proceedings shall be carried out on the principle of reciprocity but not contrary to Vietnamese law, per the provisions of law. accordance with international law and international custom.”
Stemming from the element of national sovereignty, most criminal proceedings of a country can only carry out within its territory. Therefore, dealing with crimes abroad needs your country’s support through mutual legal assistance agreements in criminal matters between countries.
When the two countries sign the Mutual Legal Assistance Agreement, each country will extradite the nationals of the other country who are in its territory to conduct criminal prosecution or to execute criminal judgments or decisions. . The extradition of criminals between the two countries must ensure compliance with the provisions of the Mutual Legal Assistance Agreement. At the same time, must meet the conditions of extradition and not fall under the cases of refusal of extradition. Vietnam has signed several mutual legal assistance agreements with several countries such as China, Korea, Spain, etc.
Regarding the case of two artists being accused of rape in Spain, there are two possible cases. The first case can extradite to Vietnam for trial by Vietnam. So, the second case is the trial abroad and the execution of the penalty abroad.
What is the punishment for rape in Spain?
Under Spanish law, the legal age of sexual intercourse in Spain is 16 years old, which means that Spanish law considers a person 16 years of age or older to be aware enough to agree to participate in an important activity.
Previously, Spanish law required that there be evidence that the suspect used violence or threatened the victim to consider sexual assault.
However, this past May, the Spanish Parliament passed a bill requiring explicit consent for sexual acts. The new law defines consent as a clear expression of one’s will, making it clear that silence or passivity is not equal to consent. This measure defines “consent” as an explicit expression of one’s will, and stipulates that silence or passivity is not equal to consent. Non-consensual sex can consider assault and carries a prison sentence of up to 15 years.
Besides, it is possible to consider further the aggravating circumstances of the prison sentence. Specifically, imprisonment from 12 to 15 years if the following additional circumstances appear:
– Performing acts of violence or threats of a degrading or insulting nature.
– There are 2 or more people participating.
– When the victim is vulnerable due to age, illness, disability, or special circumstances.
– Using weapons or dangerous means capable of causing death or injury to threaten.
How many years is the penalty for rape in Vietnam?
According to Article 141 of the 2015 Penal Code (amended and supplemented in 2017); the crime of rape is as follows:
Article 141. Crime of rape
1. Those who use force, threaten to use force, or take 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 7 years of imprisonment.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:
a) Organized;
b) Against the person whom the offender is responsible for taking care of, educating, and treating;
c) Many people rape one person;
d) Committing the crime twice or more;
dd) Against 02 or more people;
e) Of an incestuous nature;
g) Making the victim pregnant;
h) Inflicting injury, causing harm to the health or causing mental and behavioral disorders of the victim with an injury rate of between 31% and 60%;
i) Dangerous recidivism.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 12 and 20 years of imprisonment or life imprisonment:
a) Inflicting injury, causing harm to the health or causing mental and behavioral disorders of the victim with an injury rate of 61% or higher;
b) Knowing they are infected with HIV but still committing crimes;
c) Causing the victim to die or commit suicide.
4. Committing the crime against a person aged between full 16 years and under 18 years, the offenders shall be sentenced to between 5 and 10 years of imprisonment.
Committing the crime in one of the cases specified in Clauses 2 or 3 of this Article; they shall be sanctioned according to the penalty levels specified in those Clauses.
5. Offenders may also be banned from holding certain posts, practicing certain professions; or doing certain jobs for between 01 and 05 years.
Thus, the act of raping a person from full 16 years old to under 18 years old is punishable by between 5 and 10 years in prison. Besides, the act of many people who rape one person imprisoned from 07 to 15 years.
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Frequently asked questions
In the absence of a Mutual Legal Assistance Agreement, mutual extradition, investigation assistance, etc. will depend on the cooperation of countries on the principle of reciprocity (Principle of reciprocity) in each case. Specifically. If your country does not extradite the offender, this person will be handled according to the regulations and procedures of the host country.
For an offense committed in a foreign country, the criminal law of Vietnam will still consider the criminal prosecution of the offender, but the act must be “supplied by this Code as a crime.”
This means, the same act, however, if the law of another country stipulates it as a criminal act, but in the Penal Code of Vietnam, that act does not constitute a crime, there is still no crime. processing base
On the other hand, for example, if this person’s offense has enough elements to constitute a crime under Vietnamese law, then like any crime occurring in the territory of Vietnam, we need to consider the following procedures: Procedures in the Criminal Procedure Code.
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