CASE LAW NO. 28/2019/AL

On the Crime of “Murder in a State of Extreme Emotional Agitation”

Approved by the Judicial Council of the Supreme People’s Court on August 22^nd, 2019, and published under Decision No. 293/QĐ-CA dated September 9^th, 2019, by the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

The Cassation Decision No. 16/2018/HS-GĐT dated September 25^th, 2018, of the Judicial Council of the Supreme People’s Court concerning the case of “Murder in a State of Extreme Emotional Agitation” against the defendant Trần Văn C, born in 1991.

– Victim: Nguyễn Hồng Q, born in 1994 (deceased).

Location of the Case Law’s Content:

Paragraph 1 of the “Court’s Opinion” section.

Summary of the Case Law:

– Case Background:

The victim initiated and sustained an unlawful assault upon the defendant, causing the defendant significant psychological distress and emotional turmoil. Under the duress of this assault, and having lost self-control, the defendant resorted to using a knife to stab the victim in an attempt to escape the ongoing attack. The defendant’s capacity to fully comprehend the nature and severity of their actions was compromised. Tragically, the victim succumbed to their injuries.

– Legal Resolution:

Based on the aforementioned facts and circumstances, the defendant must be deemed criminally liable for the offense of “Murder in a State of Extreme Emotional Agitation”.

Relevant Legal Provisions:

Clause 1, Article 95 of the 1999 Criminal Code (corresponding to Clause 1, Article 125 of the 2015 Criminal Code).

Keywords:

“Murder in a State of Extreme Emotional Agitation”; “Extreme Emotional Agitation”; “Loss of Self-Control.”

CASE DETAILS

At approximately 23:30 on November 3^rd, 2016, Trần Văn C was playing a game at the “Su Su” Internet café located in Hamlet 1A, Commune N, District K, Đắk Lắk Province, when his friend Nguyễn Hồng Q called to ask where C was. Upon learning that C was at the Internet café, Q also arrived and began playing on computer number 6. During the game, Q repeatedly approached C to borrow money, but C said he had no money. After a while, Q came to C, offering to pawn two mobile phones for money, but C still refused, so Q returned to his computer to continue playing.

About 15 minutes later, Q approached C again, saying, “Don’t you trust me? Help me out.” C replied, “I really have no money, please go somewhere else so I can play.” Q swore, “F**k you, remember my face.” C remained silent, and Q returned to his computer. Shortly after, Q came to C’s seat and punched him hard on the left cheek, causing it to bleed.

Angered, C grabbed a Thai knife available on the table between the two computers and stood up on his chair. Seeing this, Q lunged at him, and C swung the knife, slashing Q’s face and causing it to bleed. Q then grabbed C from behind in a headlock position, with C’s head behind Q’s back and C’s arms and body in front of Q.

While being held, C used his left hand to grab Q’s right hip and stabbed Q in the chest with the knife in his right hand. Nguyễn Hải Q1, who was playing a game nearby, ran over, snatched the knife from C, and threw it into a corner of the café. Q collapsed to the floor, and C, along with several others present, took Q to the hospital. Q died the next day, November 4, 2016. Subsequently, C surrendered to the police in District K.

The forensic examination of Nguyễn Hồng Q’s body revealed: A laceration above the left eyebrow, 0.7 cm long. A laceration on the tip of the nose, 2 cm long and 0.4 cm deep. Another 2 cm long laceration on the upper lip, 3 cm away from the nose wound.

A 3 cm long laceration on the right corner of the mouth, 0.8 cm deep. These three lacerations formed an interrupted line from top to bottom, left to right. A horizontal abrasion on the right chest, 3.5 cm below the right nipple and 9 cm from the midline, measuring 1.3 cm long. A 2.5 cm long laceration on the left chest, 120 cm from the left heel and 5 cm from the midline, extending horizontally from left to right, front to back, outside to inside.

According to Forensic Examination Report No. 714/QĐPY dated November 24^th, 2016, by the Forensic Technical Department of the Đắk Lắk Provincial Police, the cause of Nguyễn Hồng Q’s death was a penetrating chest wound that caused heart damage, leading to cardiac arrest and irreversible circulatory collapse due to blood loss.

According to Injury Forensic Examination Report No. 113/PY-TgT dated January 4^th, 2017, by the Forensic Center of Đắk Lắk Province, Trần Văn C sustained a 2% injury to his left cheek.

Before the first-instance trial, Trần Văn C’s family compensated Nguyễn Hồng Q’s family the amount of VND 95,000,000.

In the First-instance Criminal Judgment No. 14/2017/HSST dated May 9^th, 2017, the People’s Court of Đắk Lắk Province applied Clause 1, Article 95; Points b, h, p, Clause 1, Clause 2, Article 46 of the Criminal Code, sentencing Trần Văn C to 2 years and 6 months imprisonment for the crime of “Murder in a State of Extreme Emotional Agitation”; pursuant to Article 42 of the Criminal Code, Articles 606, 610 of the Civil Code, the court ordered the defendant to compensate the victim’s family VND 122,600,000, of which VND 95,000,000 had already been paid, leaving VND 27,600,000 to be compensated; and to provide VND 600,000/month for the support of Nguyễn Hồng M, the victim’s child.

As for the newborn child of Nguyễn Hồng Q and Lại Thị Minh T, she is entitled to file a separate civil lawsuit for support as needed.

Additionally, the trial court also ruled on the handling of exhibits, court fees, and declared the right to appeal in accordance with the law.

On May 22^nd, 2017, the lawful representative of the victim, Ms. Lại Thị Minh T, appealed, requesting the application of Clause 2, Article 93 of the Criminal Code for Trần Văn C and an increase in the sentence; concurrently, she requested an increase in the support allowance for Nguyễn Hồng M and sought to determine the support responsibility for the newborn child of Mr. Q, Hải Đ (born on April 29^th, 2017).

On May 24, 2017, Trần Văn C appealed for a reduction in the sentence.

In the Appellate Criminal Judgment No. 200/2017/HSPT dated August 10, 2017, the High People’s Court in Đà Nẵng, based on points a, b, c, Clause 2, Article 248; Clause 3, Article 249 of the Criminal Procedure Code:

– Rejected the appeal of the defendant Trần Văn C.

– Accepted the appeal of the lawful representative of the victim:

+ Amended the First-Instance Judgment regarding criminal liability: Applied Clause 2, Article 93; points b, p, Clause 1, Clause 2, Article 46 of the Criminal Code, and sentenced Trần Văn C to 7 (seven) years in prison for “Murder”.

+ Vacated part of the First-Instance Criminal Judgment related to the support responsibility for the victim’s children; remanded the case file to the People’s Court of Đắk Lắk Province for retrial according to the law.

In the Judgment No. 47/2017/HSST dated September 14^th, 2017, the People’s Court of Đắk Lắk Province ruled that Trần Văn C must provide support for two children, Nguyễn Hồng M and Nguyễn Hải Đ, each receiving VND 650,000 per month.

In the Cassation Decision No. 15/2018/KN-HS dated May 22^nd, 2018, the Chief Justice of the Supreme People’s Court decided to appeal the Appellate Criminal Judgment No. 200/2017/HSPT dated August 10^th, 2017, of the High People’s Court in Đà Nẵng and proposed the Judicial Council of the Supreme People’s Court to conduct a cassation trial to vacate the aforementioned Appellate Criminal Judgment concerning the criminal liability of Trần Văn C and to remand the case file to the High People’s Court in Đà Nẵng for appellate retrial.

At the cassation trial, the representative of the Supreme People’s Procuracy concurred with the appeal decision of the Chief Justice of the Supreme People’s Court and proposed the Judicial Council of the Supreme People’s Court to vacate the Appellate Judgment and uphold the First-instance Judgment regarding the crime and punishment for Trần Văn C.

COURT’S OPINION:

[1] Regarding the crime: Based on the confession of Trần Văn C, which is consistent with the statements of witnesses Lê Hữu N1 and Nguyễn Văn N2, it can be determined that the cause of the incident originated from the fault of the victim Nguyễn Hồng Q. Mr. Q had a series of continuous actions affecting Trần Văn C, such as repeatedly asking to borrow money from C, and when C refused, Q cursed at him. C said nothing in response. Subsequently, Q approached C and punched him in the face (causing a 2% injury).

After being punched, C grabbed a knife (used to peel fruit, already on the table) and stood on his chair, swinging the knife back and forth (showing that C did not intend to attack Q but aimed to prevent Q’s attack). However, Q ignored the fact that C was holding a knife and rushed at him, pulling C down from the chair and holding him in a headlock. In the restrained position, with C’s head behind Q’s back, and C’s arms, legs, and body in front of Q, C used his right hand, which was holding the knife, to stab Q in the chest, causing Q’s death.

In this case, the victim initiated the altercation and attacked the defendant first. The victim’s attack occurred continuously and with increasing intensity. The victim’s actions were unlawful, violating the safety of the defendant’s body. In a state of agitation leading to a loss of self-control, without fully recognizing the nature and extent of the danger of his actions, the defendant stabbed the victim in the chest to escape the attack. Therefore, there is sufficient basis to determine that Trần Văn C was in a state of strong emotional agitation. The trial court’s conviction of Trần Văn C for the crime of “Murder in a State of Extreme Emotional Agitation” was well-founded.

[2] The appellate court’s determination that Trần Văn C was emotionally agitated but not to the extent of strong agitation was not an objective, comprehensive consideration of the cause, the sequence of events, and the severity and continuity of the victim’s unlawful actions. Consequently, the appellate court’s alteration of the charge from “Murder in a State of Extreme Emotional Agitation” to “Murder” for Trần Văn C was incorrect.

In light of the foregoing,

IT IS DECIDED:

Pursuant to Article 382, Clause 2, Article 388, Article 390 of the Criminal Procedure Code:

1. Vacate the Appellate Criminal Judgment No. 200/2017/HSPT dated August 10^th, 2017, of the High People’s Court in Đà Nẵng regarding the criminal liability (crime, penalty, and court fees) for Trần Văn C.
2. Uphold the First-instance Criminal Judgment No. 14/2017/HSST dated May 9^th, 2017, of the People’s Court of Đắk Lắk Province regarding the criminal liability for Trần Văn C.

CONTENT OF THE CASE LAW:

“[1] … In this case, the victim initiated the altercation and attacked the defendant first. The victim’s attack occurred continuously and with increasing intensity. The victim’s actions were unlawful, violating the safety of the defendant’s body. In a state of agitation leading to a loss of self-control, without fully recognizing the nature and extent of the danger of his actions, the defendant stabbed the victim in the chest to escape the attack. Therefore, there is sufficient basis to determine that Trần Văn C was in a state of strong emotional agitation. The trial court’s conviction of Trần Văn C for the crime of “Murder in a State of Extreme Emotional Agitation” was well-founded.”

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