{"id":3583,"date":"2021-03-25T15:35:14","date_gmt":"2021-03-25T08:35:14","guid":{"rendered":"http:\/\/medlaw.vn\/?p=3583"},"modified":"2021-05-27T16:04:34","modified_gmt":"2021-05-27T09:04:34","slug":"chong-tra-dan-den-chet-nguoi-co-vuot-qua-gioi-han-phong-ve-chinh-dang-khong","status":"publish","type":"post","link":"https:\/\/medlaw.vn\/en\/chong-tra-dan-den-chet-nguoi-co-vuot-qua-gioi-han-phong-ve-chinh-dang-khong\/","title":{"rendered":"IS THE USE OF FORCE WHICH CAUSES ONE'S DEATH CONSIDERED UNJUSTIFIED FORCE IN SELF-DEFENSE?"},"content":{"rendered":"

My name is B. I am 22 years old. There was one time when I was going out with my girlfriend then C teased my girl and catcalled her. I was really mad so I shouted at him. C heard it so he stopped my motorbike and rushed in, punched me. C was a really big guy that I could not fight back so I used a brick nearby to hit his head continuously and caused his death instantly. Was my situation considered as justifiable force in self-defense?<\/span>
\nANSWER:<\/span><\/strong>
\nGreetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:<\/span>
\nPursuant to Article 22 Criminal Code 2015 (amended and supplemented in 2017) on justifiable force in self-defense:<\/span>
\n1. Justifiable force in self-defense means the a person's use of force which is reasonably necessary to defend against another person's infringement upon his\/her legitimate rights or interests of himself\/herself, other people, the State, organizations.<\/span>
\nThe use of justifiable force does not constitute a criminal offence.<\/span>
\n2. Unjustified force in self-defense means the use of force which is more than reasonably necessary and not appropriate for the nature and danger to society posed by the infringement.<\/span>
\nThe person who uses unjustified force in self-defense shall take criminal responsibility as prescribed by this document.<\/span>
\nPursuant to Article 126 Criminal Code 2015 (amended and supplemented in 2017) on Involuntary manslaughter because of the use of unjustified force in self-defense or while capturing a criminal<\/span>
\n1. An involuntary manslaughter because of the use of unjustified force in self-defense or while capturing a criminal carries a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.<\/span>
\n2. The involuntary manslaughter of 02 or more people in this case carries a penalty of 02 - 05 years' imprisonment.<\/span>
\nRegarding to your situation, to consider whether a behavior as unjustified force in self-defense or not, we need to consider the elements that constitute the crime:<\/span>
\nRegarding to Object: This crime infringes on the rights of others to live.<\/span>
\nRegarding to objectivity: The behavior of the crime is involuntary manslaughter because of the use of unjustified force in self-defense. In this circumstance, the victim had shown first move of attacking, infringing legal interests of the offender then the offender chose to fight back to protect for his legal interest. However, his use of force was more than reasonably necessary to proceed his right of defense.<\/span>
\nRegarding to subjectivity: Guilt of direct deliberation or indirect deliberation<\/span>
\nRegarding to Subject: it must be a person who has criminal capacity, is 16 years old and above.<\/span>
\nIn this circumstance, C hit you first so you needed and you had the right to use justifiable force in self-defense. However, the use of force of yours was beyond reasonably necessary and was not proportional to C's behavior. Considering about the elements that constitute criminal, your behavior was enough to constitute crime of Involuntary manslaughter because of the use of unjustified force in self-defense according to Article 126 Criminal Code 2015. By which, the sentence you have to bear in case causing one's death would possibly be the penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.<\/span><\/p>\n

The content of our consultation is based on the information provided by our Client, is for reference only and based on the legal provisions which are in force at the time of consultation. In case you ever need detailed advice, please contact us directly for more specific ones.<\/span>
\nThe content upon is our answer to your question. Please message us on the Fanpage or contact us through the hotline (84\u201328) 2253 7956 if you ever need free legal consultancy service.<\/span><\/p>\n

 <\/p>","protected":false},"excerpt":{"rendered":"

Em t\u00ean B, n\u0103m nay 22 tu\u1ed5i. Trong m\u1ed9t l\u1ea7n, em v\u00e0 b\u1ea1n g\u00e1i \u0111ang \u0111i ch\u01a1i c\u00f9ng nhau th\u00ec g\u1eb7p ph\u1ea3i C bu\u00f4ng l\u1eddi tr\u00eau ch\u1ecdc b\u1ea1n g\u00e1i em. V\u00ec t\u1ee9c gi\u1eadn n\u00ean em \u0111\u00e3 m\u1eafng l\u1ea1i. C nghe \u0111\u01b0\u1ee3c li\u1ec1n ti\u1ebfn \u0111\u1ebfn ch\u1eb7n \u0111\u1ea7u xe v\u00e0 x\u00f4ng v\u00e0o \u0111\u00e1nh em. Do C to…<\/p>","protected":false},"author":1,"featured_media":3584,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[11],"tags":[],"_links":{"self":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/3583"}],"collection":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/comments?post=3583"}],"version-history":[{"count":5,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/3583\/revisions"}],"predecessor-version":[{"id":4080,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/3583\/revisions\/4080"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/media\/3584"}],"wp:attachment":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/media?parent=3583"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/categories?post=3583"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/tags?post=3583"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}