Hung Yen Provincial Police are coordinating with other units to investigate a kidnapping case for the purpose of appropriating property that occurred in an urban area in Gia Lam District, Hanoi.
The suspect is Giap Thi Huyen Trang (born in 1996, residing in Chung Minh village, Viet Ngoc commune, Tan Yen district, Bac Giang province).
Responding to VTC News reporter, Dr. and lawyer Dang Van Cuong, member of the Executive Committee of the Vietnam Association for the Protection of Children's Rights, said that the investigation agency will clarify the cause of the child's death. If there is an intentional act of taking the child's life, the suspect will be prosecuted for many crimes, including murder.
The investigation agency will clarify each violation of the law. In this case, the suspect may be prosecuted for two particularly serious crimes: murder and kidnapping for the purpose of appropriating property.
Image cut from clip recorded when the subject held the baby at school.
According to lawyer Dang Van Cuong, the investigation agency will clarify the cause of the child's death and may initiate a criminal case for murder and kidnapping for the purpose of appropriating property to investigate and clarify the details of the case and deal with the perpetrator according to the law.
Initial information, the suspect asked the victim's family to give 1.5 billion VND, the family gave 350 million VND. Although she had taken 350 million VND, Giap Thi Huyen Trang still murdered the child.
In case the suspect turns himself in and honestly declares his crime, this is a mitigating circumstance that partially reduces his criminal responsibility.
If the verification results show that there is a basis to initiate a criminal case for murder or kidnapping for the purpose of appropriating property and the subject is still trying to escape, the investigation agency will prosecute the accused and search for the accused according to the provisions of law.
Investigators will examine the scene and perform an autopsy to determine the cause of the child's death.
In cases where it is shown that the victim died due to external force, and committed intentional murder (knowing that his/her actions could lead to death but still intentionally committing acts of violating the child's body, wishing or ignoring the consequences of the child's death), the investigation agency will initiate a criminal case for murder according to the provisions of Article 123.
In the case of murder, the victim is a child, the motive is to appropriate property, the perpetrator will face many aggravating circumstances of criminal responsibility such as committing a crime against children, the motive is despicable, so the penalty will be imprisonment from 12 years to 20 years, life imprisonment or death penalty.
If the suspect unintentionally kills the child during the kidnapping for property appropriation, he or she will still be prosecuted.
Specifically, in the case where the verification results show that there was an act of kidnapping for the purpose of appropriating property but it cannot be proven that the subject "intentionally" murdered the child, and the child died because the subject "unintentionally" caused the victim to die, then the prosecution will not be for murder but only for the crime of kidnapping for the purpose of appropriating property according to Clause 4, Article 169 of the Penal Code, with a penalty of up to 20 years in prison or life imprisonment.
If the suspect holds the child to demand the victim's family to pay 1.5 billion VND, the suspect must bear criminal responsibility for making this request, regardless of how much money the suspect actually appropriated.
With the initial investigation results, Giap Thi Huyen Trang will have to face the highest penalty for kidnapping to appropriate property with a possible life sentence.
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