In early July, the home and international media couldn’t assist however fire up the case of two male artists with Vietnamese nationality being arrested for allegedly raping a 17-year-old British woman on the island of Mallorca – Spain. Many individuals expressed their displeasure when the sufferer gave her testimony when she was abused by these two individuals. Accordingly, in an effort to erase all traces, the English woman was requested to take a bathe.
Nowadays, the identities of the 2 Vietnamese artists haven’t been introduced, that is to adjust to Ley Orgánica 3/2018 legislation on defending the suspect’s knowledge in the course of the investigation.
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Many readers expressed questions: For the rape case, can cash be used for reconciliation (utilizing cash to compensate, then the sufferer withdraws the applying, doesn’t prosecute the case). Answering this query, lawyer Nguyen Trong Nghia – Lawyer X’s workplace has particular explanations.
The crime of rape is without doubt one of the severe crimes, which is laid out in Article 141 of the Penal Code 2015. Particularly, this clearly stipulates: “Whoever makes use of power, threatens to make use of power or takes benefit of the established order. If the sufferer is unable to defend himself or makes use of different methods to have intercourse or carry out different sexual acts in opposition to the sufferer’s will, he/she shall be sentenced to between 2 and 07 years of imprisonment. commit suicide, the punishment can be from 12 to twenty years in jail, the utmost is life.
In accordance with the provisions of article 155 of the Legal Process Code 2015, legal proceedings can be initiated solely on the request of the sufferer within the instances laid out in Clause 1, Article 134,135,141,143… Within the case of atypical rape in Clause 1 Article 141, the withdrawal of the sufferer’s petition can fully cease the case, resulting in no legal prosecution. The best way of settlement could be by affection, cash… Nevertheless, this reconciliation is just throughout the provisions of Clause 1, Article 141 (that is the lightest stage), not within the case of rape of an individual below 16 years outdated.
Lawyer Nguyen Trong Nghia mentioned that for the case of two Vietnamese artists accused of rape in Spain, the penalty might be as much as 15 years in jail, that is stipulated below the Spanish invoice.
“I imagine, in lots of nations, the restrict for intercourse could be 16 years outdated like Vietnam, or it may be decrease. If the sufferer aspect agrees with the answer, it’s fully attainable to withdraw the applying and Maybe the case can be dismissed instantly.”Lawyer Nguyen Trong Nghia mentioned.
In one other improvement, just lately, at a press convention saying the President’s order on 5 legal guidelines simply handed on the third session of the fifteenth Nationwide Meeting, Deputy Minister of Tradition, Sports activities and Tourism mentioned that the noise associated to Hong Dang and Ho Hoai Anh in Spain continues to be unsure. Each artists now have legal professionals to deal with authorized issues, and are out on bail and awaiting a decide. The Vietnamese Embassy in Spain despatched individuals to the place to help.
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Picture: Synthesis
