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The Supreme People's Court of Vietnam: Benchbook Online

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8.1.1. The Judge should determine whether the offender uses violence or the threat of immediate violence or otherwise acts to cause the victim not to resist to take the victim’s property


Related legal documents
  • Resolution No. 02/2003/NQ-HDTP dated 17 January 2003 of the SPCJC (hereinafter referred to as Resolution No. 02/2003)

  • Main tasks and practical skills:

    • “To use violence” shall be construed as to use physical force to attack the victim, causing injuries to the victim’s health and life with the intention of making the victim not resist (For example: beating, hitting, punching, stabbing, cutting or shooting the victim). Such use of violence may be of an open, secret or hidden nature. (For example: the offender may have hit the victim with or without letting the victim know who they are).
    • “To use the threat of immediate violence” shall be construed as a threat to use physical force immediately. This is aimed at causing the victim or their relative to be frightened of harm to their health or life, with the intention of causing them not to resist. In fact, the threatening to use immediate force is often a combination of behaviours, gestures, speeches, available means, the pressure of numerous people, taking advantage of objective situations, time and social circumstances at the place of crime in order to frighten the victim.
    • “Other acts to cause the victim to be in a non-resistance status” may be: to let the victim take sleeping pills, anaesthetics or drink alcohol, to take the victim’s property after the victim is asleep or drunk. The victim may have an awareness of what is happening but is unable to resist or they  may not be aware of what is happening.
    • The constitution of the “Robbery Offence” can be completed on the basis of formality. The offence is considered committed when the above actions are taken to attempt to obtain the property, regardless of whether the offender has obtained the property.