Murder is one of the most serious criminal offenses, subject to severe penalties under the law. However, depending on the circumstances, individuals accused of this crime may be subject to different legal provisions. The procedure for hiring a criminal defense lawyer in murder cases is an essential issue of interest to many individuals seeking to protect their legal rights and interests. This article provides legal insights into the offense of murder and our Legal Defense Services for Murder Charges at ADVN Law.
Definition
According to Clause 1, Article 8 of the 2015 Criminal Code (amended in 2017) (hereinafter referred to as the "2015 Criminal Code"), a criminal offense is defined as:
"An act dangerous to society as prescribed by the Criminal Code, committed intentionally or unintentionally by an individual with criminal responsibility or by a legal entity, infringing upon national sovereignty, territorial integrity, political and economic institutions, cultural foundations, defense, security, social order and safety, or the legal rights and interests of organizations and individuals."
Murder, as stipulated in Article 123 of the 2015 Criminal Code, refers to the unlawful act of intentionally depriving another person of their life, committed by a person aged 14 or older with criminal responsibility. The consequence of this act is the death of another person. Murder belongs to the category of offenses that infringe upon human life, health, dignity, and honor.
2.1. Object of the Crime
The protected legal interest in murder cases is the right to life, which is a fundamental, sacred, and inviolable human right. The crime of murder disrupts the natural state of the victim (i.e., transforming a living person into a deceased one).
2.2. Objective Aspect of the Crime
The objective aspect of murder involves the external manifestation of the act and its consequences.
The act: The deliberate action or omission by the offender that is consciously controlled.
The consequence: The direct outcome of the act, which infringes upon the victim’s right to life and results in death.
2.3. Subjective Aspect of the Crime
The subjective aspect reflects the perpetrator's intent, which can be classified into:
Direct intent: The offender is fully aware that their act is dangerous, foresees the outcome (death of the victim), and desires that outcome.
Indirect intent: The offender is aware of the danger posed by their act, foresees the possible death of the victim, does not wish for it to happen but consciously accepts the possibility of that outcome.
This distinction is crucial in differentiating murder from negligent homicide.
2.4. Subject of the Crime
The subject of the crime is any individual aged 14 or older with full criminal responsibility, as stipulated in Clause 1, Article 9, Clause 2, Article 12, and Article 123 of the 2015 Criminal Code.
3.1. Principal Penalties
According to Clause 1, Article 123 of the 2015 Criminal Code, the penalties for murder include imprisonment for 12 to 20 years, life imprisonment, or the death penalty in cases such as:
Killing two or more people.
Killing a person under 16 years old.
Killing a pregnant woman with knowledge of her condition.
Killing a person performing their official duties or due to their official duties.
Killing parents, teachers, or caregivers.
Killing while committing or immediately after committing another serious or especially serious offense.
Killing to cover up another crime or facilitate another crime.
Killing for organ harvesting.
Killing in a cruel manner.
Killing due to abuse of professional expertise.
Killing in a way that could endanger multiple lives.
Contract killing or hired murder.
Committing the crime as part of an organized group.
Recidivism involving serious offenses.
Killing due to a despicable motive.
If the act does not fall under these aggravating circumstances, the offender may face a sentence of 7 to 15 years of imprisonment (Clause 2, Article 123).
Note: Preparing to commit murder may result in imprisonment of 1 to 5 years (Clause 3, Article 123).
3.2. Additional Penalties
Under Clause 4, Article 123, the offender may also face:
4.1. Why Hire a Defense Lawyer for Murder Charges?
As detailed above, individuals accused of murder face severe penalties, including long-term imprisonment, life imprisonment, or the death penalty. Hiring a defense lawyer provides the following benefits:
Mental stability: The defense lawyer helps the accused present the facts accurately and confidently.
Legal advice: The lawyer provides guidance on the relevant legal provisions and available legal remedies.
Case review: The defense lawyer thoroughly reviews the case file, investigates, and gathers evidence in favor of the defendant.
Representation during proceedings: The lawyer represents the accused during all phases of the trial, ensuring due process and protection of legal rights.
Mitigating circumstances: The lawyer highlights circumstances that may reduce the severity of the sentence.
4.2. Procedure for Registering a Defense Lawyer
According to Point a, Clause 2, Article 78 of the 2015 Criminal Procedure Code, to register a defense lawyer, the following documents must be submitted:
The lawyer’s professional card and a certified copy.
A written request for a defense lawyer from the accused, their legal representative, or their relatives.
For court-appointed defense lawyers as provided in Article 76 of the Criminal Procedure Code, the following documents are required:
5.1. Rights of Defense Lawyers
Meeting and questioning the accused.
Being present during interrogations, confrontations, and identification procedures.
Reviewing, taking notes, and copying case documents after the investigation concludes.
Submitting evidence, documents, and requests for re-examination or re-evaluation.
Participating in questioning and debating at trial.
5.2. Obligations of Defense Lawyers
Utilizing all legal measures to clarify the facts of the case.
Providing legal assistance to the accused.
Ensuring they do not refuse defense without legitimate reasons.
Respecting the truth and refraining from inducing false testimony or fabricating evidence.
The role of defense lawyers in murder cases is crucial in protecting the legal rights of the accused and ensuring justice is served. We hope this article provides valuable information on our Legal Defense Services for Murder Charges.
If you have any further questions about the process or need specific support, please contact us at A.D.V.N Law Office for detailed advice and support.
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
We are committed to accompanying you to protect your legal rights and resolve disputes most effectively.
