AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback] [Help]

The Supreme People's Court of Vietnam: Benchbook Online

You are here:  AsianLII >> Databases >> The Supreme People's Court of Vietnam: Benchbook Online >> 5.2.2. The Judge must understand and correctly apply provisions of the Penal Code when victims are female

[Table] [Database Search] [Name Search] [Previous Part] [Previous Section] [Next Section] [Next Part] [Vietnamese] [Help]


 
5.2.2. The Judge must understand and correctly apply provisions of the Penal Code when victims are female


  • Committing an offence against pregnant women  is an aggravating element. (Point h of Item 1 of Article 48 of the Penal Code).
  • Murdering a pregnant woman with the knowledge of her pregnancy  is an aggravating element of the murder (Point b of Item 1 of Article 93 of the Penal Code). It is worth noting that the accused must have known that the woman had been  pregnant before they murdered her..
  • Intentionally inflicting injury on or causing harm to the health of a pregnant woman is an aggravating element of the crime «Intentionally inflicting injury on or causing harm to the health of other persons» as provided in Article 104 of the Penal Code.
    Note: : (This paragraph is incomplete and few more paragraphs have not been translated)
    - Differing from the offence of murdering a person which requires proving subjective awareness of the accused murdering a woman even with knowing that she was pregnant, with respect to the offence of «intentionally inflicting injury on or causing harm to the health of other persons» and offence of «