[ad_1]
At a press conference on the morning of 11/5, the Dak Nong police said that they initially suspected Do Van Minh, the Secretary of the Lien Ha Commune admitted that in early April he purchased a life insurance package, paying more than VND 200 million every year. If Minh dies, her relatives will receive 18 billion dong.
With a debt of more than $ 10 billion, Minh proposed creating a bogus scene to insure his wife and children, and creditors are no longer demanding money. On April 25, Minh drove to the cemetery to search for a body, but then stopped.
Minh has two fields at Dak G’long and Dak Nong. Every Friday or Saturday morning, he often drives his car to visit the garden alone and returns home on Sunday afternoon. Here, Minh often visited the shacks of his wife’s nephew, Mr. Tran Nho Vuong, 25, who lives and works as a contract worker for food and drink.
On the night of 3/5, Minh came and was cooked by Mr. Vuong. At 5 am. On 4/5, Minh used an ax to strike twice on the forehead, causing the victim to die. He then took the body to a car, ran to Highway 28 (Dak Som Commune, Dak G’Long District) to hit a marker on the road to create the scene of the accident.
Before burning the car with three cans of oil, one can of gasoline (3 liters each), Minh put her watch in the victim’s hand, leaving the car key. Minh then walked home, 1.5 km away from the scene to obtain the Wave she had sent earlier, and then fled to the city. Dong Xoai and Binh Phuoc rent houses to stay.
The public is surprised and asks what kind of punishment the author will receive. We had an interview with attorney Pham Thanh Huu, Ho Chi Minh City Bar Association. Ho Chi Minh in this case.
Minh at the police office – Photo: Zing News
Journalist: Dear lawyer, with the act of killing to get the insurance money as stated, will Van Minh face the punishment like?
Attorney Pham Thanh Huu: The incident is being investigated by the police, consolidating evidence to handle in accordance with the law, making it difficult at this time to determine exactly what penalty the author will be given in this case. waiting for the Court to have legal effect. However, if the above information is completely true, the author will be prosecuted for criminal responsibility for murder under Article 123 of the 2015 Penal Code (amended and supplemented in 2017).
Specifically, the act of killing your mother-in-law to obtain insurance money is considered murder on a negligible basis under item q, clause 1, article 123. Therefore, the author is likely to be sentenced to between 12 and 20 years in prison. year, life sentence or capital punishment.
Article 123. Crime of murder.
1. Those who kill in one of the following circumstances will be sentenced to between 12 and 20 years in prison, life imprisonment or capital punishment:
…
q) For negligible reasons.
Reporter: Will Van Minh be further investigated for insurance fraud, attorney?
Attorney Pham Thanh Huu: If the above information is completely true, Do Van Minh does not constitute fraud in the insurance business in accordance with Article 213 of the Penal Code. Because, Do Van Minh has not appropriated money from insurance companies.
Article 213. Crime of fraud in the insurance business.
1. A person who commits any of the following acts of appropriation of the insurance premium of VND 20,000,000 to less than VND 100,000,000 or causing damages of VND 50,000,000 to less than VND 200,000,000, if not the provisions of articles 174, 353 and 355 of this Code will be imposed with a fine of between VND 30,000,000 and VND 100,000,000 or subject to a non-custodial reform for up to 3 years:
a) Collude with the beneficiary of the insurance benefits to settle the insurance indemnities or pay the insurance premiums illegally;
b) falsification of documents, intentional falsification of information to reject compensation or insurance payment when insurance events occurred;
c) falsification of documents, intentional falsification of information in the claim file or insurance premium;
d) Cause damage to their property and health to enjoy the benefits of insurance, unless the law provides otherwise.
2. Committing the crime in one of the following circumstances, the offender will be fined between VND 100,000,000 and VND 300,000,000 or face a prison sentence of between 1 and 3 years:
a) Organized;
b) Using sophisticated and cunning tricks;
c) record the sum of the insurance between VND 100,000,000 and less than VND 500,000,000;
d) Cause damages of between VND 200,000,000 and less than VND 1,000,000,000;
d) Dangerous recidivism.
3. Committing the crime in one of the following circumstances, criminals will be sentenced to between three and seven years in prison:
a) Assign the insured amount of VND 500,000,000 or more;
b) Cause damages of VND 1,000,000,000 or more.
4. Offenders may also be fined between VND 10,000,000 and VND 100,000,000, prohibiting them from holding certain positions, practicing certain occupations, or performing certain jobs for between 1 and 5 years.
5. The commercial legal entities that commit the crimes specified in this Article will be sanctioned as follows:
a) If you commit any of the violations specified in Clause 1 of this Article, assigning the insured amount from VND 200,000,000 to less than VND 1,000,000,000 or causing damages from VND 400,000,000 to less than VND 2,000,000,000, then a fine from VND 200,000,000 to VND 1,000,000,000 ;
b) Commit the crime in one of the cases specified in Points a, b and d, Clause 2 of this Article, or appropriate an insurance sum of between VND 1,000,000,000 and less than VND 3,000,000,000 or cause damages of between VND 2,000,000 and Will be imposed a fine from VND 5,000,000,000 to VND 5,000,000,000 from VND 3,000,000 to VND 3,000,000,000.
c) If you commit a crime under Clause 3 of this Article, assigning 3,000,000 VND or more of the insurance amount or causing damage of 5,000,000,000 VND or more, a fine of 3,000,000,000 VND to 7,000,000,000 VND copper
d) Commercial legal entities may also be prohibited from doing business, operating in certain fields, or raising capital for 1-3 years.
Journalist: Yes, thank you lawyer!
[ad_2]
