CASE LAW NO. 01/2016/AL on murder and intent to cause injury that leads to death as an unintended consequence

CASE LAW NO. 01/2016/AL

Cassation Decision of the Judicial Council of the Supreme People’s Court No. 04/2014/HS-GĐT dated April 16^th, 2014, concerning the case of “Murder” involving the defendant: Đồng Xuân Phương, born in 1975, residing at No. 11/73 Đinh Tiên Hoàng Street, Hoàng Văn Thụ Ward, Hồng Bàng District, Hải Phòng City, a construction worker, son of Mr. Đồng Xuân Chì and Mrs. Dương Thị Thông, arrested on June 22^nd, 2007; 

Approved by the Judicial Council of the Supreme People’s Court on April 6^th, 2016, and published under Decision No. 220/QĐ-CA on April 6^th, 2016, by the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

Decision of the Director of the Judicial Council of the Supreme People’s Court No. 04/2014/HS-GĐT dated April 16, 2014, concerning the case of “Murder” involving the defendant Đồng Xuân Phương, born in 1975, residing at No. 11/73 Đinh Tiên Hoàng Street, Hoàng Văn Thụ Ward, Hồng Bàng District, Hải Phòng City, a construction worker, son of Mr. Đồng Xuân Chì and Mrs. Dương Thị Thông, arrested on June 22, 2007;

Victim: Nguyễn Văn Soi, born in 1971 (deceased).

Summary of the Case Law:

In cases involving accomplices, if it can be proven that the subjective intention of the mastermind was only to hire others to cause injury to the victim without intending to deprive them of life (the mastermind only requested injuries to the victim’s limbs without targeting vital body parts likely to cause death), and the executor acted accordingly, if the victim’s death occurs beyond the mastermind’s subjective intent, the mastermind shall bear criminal responsibility for the offense of “Intentional Infliction of Injury” with the aggravating circumstance of “injury resulting in death.”

Relevant Legal Provisions:

– Point m, Clause 1, Article 93 of the 1999 Criminal Code;

– Clause 3, Article 104 of the 1999 Criminal Code.

Keywords:

“Murder”; “Intentional Infliction of Injury”; “Causing harm to others’ health”; “Crimes against life, health”; “Hiring others to inflict injury.”

CASE DETAILS

Around 15:00 on June 21^st, 2007, the Long Biên District Police, Hà Nội City received a report of a crime where the victim died at the concrete casting site of the Thanh Trì Bridge construction area in Tổ 12, Thạch Bàn Ward, Long Biên District; the victim was Mr. Nguyễn Văn Soi (a construction engineer of Construction Company 204 under Bạch Đằng Construction Corporation). Through investigation and verification, the Long Biên District Police urgently arrested Đồng Xuân Phương.

The investigation process determined: Mr. Nguyễn Văn Soi and Đồng Xuân Phương worked together at Construction Company 204 under Bạch Đằng Construction Corporation (assigned to construct the Thanh Trì Bridge). Around February 2007, Phương, intoxicated during work hours, was photographed by Soi using a mobile phone and reported to the management, leading Phương to harbor a revenge motive against Soi.

On June 14^th, 2007, Đồng Xuân Phương called Đoàn Đức Lân, born in 1975 (residing at No. 11 C98 Trại Chuối, Hồng Bàng District, Hải Phòng City), discussing the aforementioned conflict and hiring Lân to retaliate. Lân mentioned involving another person.

In the evening of June 17^th, 2007, Phương traveled from Hà Nội to Hải Phòng to meet Lân and Lân’s associate, Hoàng Ngọc Mạnh, born in 1982 (also known as Thắng; residing in Sở Dầu Ward, Hồng Bàng District, Hải Phòng City), recounting the conflict and hiring them to injure Soi by stabbing his limbs with a knife. Phương asked about the price, and Mạnh and Lân agreed. Phương gave Mạnh 1,500,000 Vietnamese Dong. Lân and Mạnh agreed.

Around 20:00 on June 20^th, 2007, Hoàng Ngọc Mạnh, accompanied by a person named Nam (exact address unknown), traveled to Hà Nội to meet Đồng Xuân Phương, agreeing to attack Soi on June 21^st, 2007. Phương then gave Mạnh an additional 500,000 Vietnamese Dong for accommodation. Around 09:00 on June 21^st, 2007, Phương took Mạnh and Nam to the area where Soi would pass on his way to a meeting in the early afternoon; then returned to the company.

Around 11:00, Hoàng Ngọc Mạnh went to a beverage stall at the intersection of National Highway 5 and 1B (owned by Ms. Phạm Thị Miến) to use her mobile phone to call Đồng Xuân Phương, asked Phương to describe Soi’s appearance and provide Soi’s mobile phone number; Phương complied with Mạnh’s request. Around 13:00, Mạnh again used Miến’s mobile phone to inform Phương that Soi had been identified, and Mạnh would proceed alone as Nam had disappeared without notice; Phương agreed.

At 14:16 on the same day, Mạnh used Miến’s mobile phone to call Soi to arrange a meeting at the concrete casting site. When Soi arrived, Mạnh, who had prepared in advance, used a sharp knife to stab him twice in the back of his right thigh, causing Soi’s death.

In the forensic examination report No. 146/PC21-PY dated July 17^th, 2007, issued by the Technical Criminal Division – Hà Nội Police, it was concluded that the victim had suffered two wounds in the back of his right thigh, the upper wound penetrating 3 cm into the thigh muscle. The lower wound severed the artery and vein behind the thigh, resulting in severe blood loss and fatal shock. The cause of death was hemorrhagic shock due to arterial injury.

Furthermore, during the investigation, Đồng Xuân Phương admitted that apart from the personal conflict between him and Soi, another reason for hiring the attack on Soi was instigation by Ngô Văn Toản (Deputy Project Manager of the Thanh Trì Bridge project), who had also clashed with Soi previously. The investigative authorities took statements from Toản, who denied any involvement. The investigation did not find sufficient evidence to conclude Toản’s connection to the case.

Đoàn Đức Lân and Hoàng Ngọc Mạnh fled. The investigative authorities issued warrants for their arrest and decided to temporarily suspend the investigation against Đoàn Đức Lân and Hoàng Ngọc Mạnh, pending their apprehension for further proceedings.

During the investigation, officers and Construction Company 204 voluntarily contributed financial support totaling 123,000,000 Vietnamese Dong to the victim’s family, including burial expenses of 63,000,000 Vietnamese Dong and three savings accounts for Soi’s family, totaling 60,000,000 Vietnamese Dong.

In the First-instance Criminal Judgment No. 164/2008/HSST dated November 17^th, 2008, the Hà Nội City People’s Court applied point n of Clause 1, Article 93 and point p of Clause 1, Article 46 of the Criminal Code, sentencing Đồng Xuân Phương to 17 years in prison for “Murder.”

Đồng Xuân Phương was ordered to compensate the victim’s family 32,400,000 Vietnamese Dong for mental damages and to provide monthly support for the victim’s two children and mother.

Following the first-instance trial, Đồng Xuân Phương lodged an appeal requesting a review of the case.

Legal representative of the victim, Ms. Nguyễn Thị Thanh, filed an appeal requesting the court to increase both the penalty imposed on the defendant and the compensation awarded to the victim’s family.

In the Appellate Criminal Judgment No. 262/2009/HSPT dated May 5^th, 2009, the Appellate Court of Supreme People’s Court of Hà Nội, pursuant to Article 250, Clause 1 of the Criminal Procedure Code, vacated the original First-instance Criminal Judgment mentioned above for further investigation under general procedures.

In the First-instance Criminal Judgment No. 167/2010/HSST dated March 31^st, 2010, the People’s Court of Hà Nội City applied point n, Clause 1, Article 93, and point p, Clause 1, Article 46 of the Criminal Code, sentencing Đồng Xuân Phương to 17 years in prison for ‘Murder.’ Đồng Xuân Phương was also ordered to compensate for funeral expenses totaling 34,583,000 Vietnamese Dong, mental damages to the wife and children of the victim totaling 39,000,000 Vietnamese Dong, and provide monthly support for the victim’s mother and children.

After the first-instance trial, on April 2^nd, 2010, Đồng Xuân Phương filed an appeal seeking a reduced sentence and requesting a review of the case due to the failure to capture Mạnh, thus lacking sufficient evidence to confirm Mạnh’s stabbing of Mr. Soi.

On April 13^th, 2010, the victim’s wife, Ms. Nguyễn Thị Thanh, filed an appeal requesting the court to increase both the penalty imposed on the defendant and the compensation awarded to the victim’s family.

In the Appellate Criminal Judgment No. 475/2010/HSPT dated September 15^th, 2010, the Supreme People’s Court of Hà Nội applied point m and n, Clause 1, Article 93, and point p, Clause 1, Article 46 of the Criminal Code, sentencing Đồng Xuân Phương to life imprisonment for the crime of ‘Murder.’ Additionally, Đồng Xuân Phương was ordered to compensate for mental damages totaling 43,800,000 Vietnamese Dong, and the court upheld other decisions regarding compensation for damages.

In the Criminal Appeal Decision No. 13/KN-HS dated July 22^nd, 2013, the Chief Justice of the Supreme People’s Court proposed that the Judicial Council initiate the cassation process to vacate the Appellate Criminal Judgment No. 475/2010/HSPT on the charges, penalties, and appellate court fees regarding Đồng Xuân Phương; remanding the case file to the Appellate Court of the Supreme People’s Court in Hà Nội for a appellate retrial in accordance with legal procedures.

During the trial session, the representative of the Supreme People’s Procuracy agreed with the appeal of the Chief Justice of the Supreme People’s Court.

The Judicial Council of the Supreme People’s Court concluded:

Based on the confessions of guilt by the defendant Đồng Xuân Phương during the investigation and at the first-instance and appellate trial sessions; testimonies and identification results of witnesses related to the case; Crime Scene Inspection Report; Forensic Examination Report, and other case documents and evidence; there is sufficient basis to conclude that due to conflicts in daily life, Đồng Xuân Phương hired Hoàng Ngọc Mạnh and Đoàn Đức Lân to stab Mr. Nguyễn Văn Soi with the intention of causing injury to the victim for revenge.

According to the documents in the case file, it is established that Phương intended only to inflict injuries on Soi without intent to cause his death, nor did he intend for Mạnh to stab randomly or carelessly without caring about the consequences. Therefore, the defendant only requested an attack on the legs and arms, positions where attacks are less likely to threaten the victim’s life.

When committing the crime, Mạnh stabbed twice into the victim’s thigh as per Phương’s specific instructions. Hoàng Ngọc Mạnh did not foresee the unintended consequence of the victim’s death due to acute blood loss, which was unintended by Đồng Xuân Phương and his accomplices. The actions of Đồng Xuân Phương fall under the offense of Intentional Infliction of Injury Leading to Death, as stipulated in Clause 3, Article 104 of the Criminal Code. According to the law, the lower court and the appellate court incorrectly convicted Đồng Xuân Phương of the crime of “Murder”.

In light of the foregoing, pursuant to Articles 3, 285, and 287 of the Criminal Procedure Code,

DECISION

1. Vacate the Appellate Criminal Judgment No. 475/2010/HSPT dated September 15^th, 2010 of the Supreme People’s Court in Hà Nội regarding charges, penalties, and appellate court fees against Đồng Xuân Phương; remand the case file to the Appellate Court of the Supreme People’s Court in Hà Nội for a appellate retrial in accordance with legal procedures.
2. Continue to detain Đồng Xuân Phương until the Appellate Court of the Supreme People’s Court in Hanoi re-examines the case.
3. Other decisions of the Appellate Criminal Judgment No. 475/2010/HSPT have legal effect.

CONTENT OF THE CASE LAW

“According to the documents in the case file, it is objectively established that Phương intended only to inflict injuries on Soi without intent to cause his death, nor did he intend for Mạnh to stab randomly or carelessly without caring about the consequences. Therefore, the defendant only requested an attack on the legs and arms, positions where attacks are less likely to threaten the victim’s life. When committing the crime, Mạnh stabbed twice into the victim’s thigh as per Phương‘s specific instructions.

Hoàng Ngọc Mạnh did not foresee the unintended consequence of the victim’s death due to acute blood loss, which was unintended by Đồng Xuân Phương and his accomplices. The actions of Đồng Xuân Phương fall under the offense of Intentional Infliction of Injury Leading to Death, as stipulated in Clause 3, Article 104 of the Criminal Code. According to the law, the lower court and the appellate court incorrectly convicted Đồng Xuân Phương of the crime of “Murder”.”

If you need more consulting, please Contact Us at TNHH NT International Law Firm (ntpartnerlawfirm.com)

You can also download the .docx version here.