The case of 2 girls wearing makeup having their suitcases searched by the groom's family: Lawyer talks about the possibility of violating the law

Two girls who specialize in bridal makeup were detained by a groom's family in Tien Giang to have their suitcases and belongings searched and were asked to strip for a search just because 20 million VND was missing. Is this against the law?

The groom's family searched the belongings and suitcases of two makeup artists - Photo cut from video on TMN Facebook

Regarding the case of two girls wearing makeup who had their suitcases searched by the groom's family and were asked to undress because they were suspected of taking 20 million VND at a wedding in My Tinh An commune, Cho Gao district, Tien Giang province, lawyers have made initial comments about the possibility of violating the law.

Suitcase search and body search: Signs of illegal detention

Lawyer Nguyen Thi Ngoc Ha (Ho Chi Minh City Bar Association) analyzed that regarding the act of searching suitcases and searching people, these people suspected that someone else had committed a crime, so they did not let that person leave their location or stay where they were, to search, in order to clarify the suspicion.

However, in reality, after the search, the suspicion of these people was wrong. However, it can be determined that these people did not intend to insult the dignity of the people they detained, specifically in this case the two make-up artists. Therefore, the act of humiliating others can be ruled out.

The act of not allowing others to leave their location or place beyond the control of the above people (such as forcing them to stay in the house or forcing them to sit in place) for a period of time to search or search is a sign of illegal detention.

This behavior may be subject to criminal prosecution under the provisions of Article 157 of the Penal Code 2015, amended and supplemented in 2017.

These people illegally detained two or more people (specifically two make-up artists) and may be held criminally responsible. As in this case, the offender may be sentenced to 2-7 years in prison according to the provisions of Point d, Clause 2, Article 157 of the 2015 Penal Code, amended and supplemented in 2017.

Police investigate case of two girls wearing makeup who were asked by the groom's family to strip for inspection

There are signs of violating the crime of humiliating others.

According to another lawyer (who requested not to be named) of the Tien Giang Province Bar Association, after watching the above clip, he saw signs of the family member violating the law. But in this case, to handle the crime of humiliating others, it is necessary to prove whether the perpetrator intended to damage the reputation and honor of the victim or not.

In addition, it is not difficult to prove that one knows that one's actions will seriously affect the reputation and honor of the victim but still let the consequences happen, because the wedding is crowded.

"Although the motive is to recover lost property, motive is not a mandatory indicator.

Considering the elements of a crime, the act is sufficient, the subject has sufficient capacity, the object has been violated, and consciousness can be proven to be sufficient elements of a crime. This crime can still be prosecuted at the request of the victim" - this lawyer said.

In this case, the homeowner lost money and did not know who took it. The homeowner suspected the two girls of taking it because they lived near that room. The homeowner's behavior was to remove all the furniture, even demanding to take off the girls' clothes to check... This has signs of violating the crime of humiliating others according to Article 155 of the Penal Code.

Anyone who seriously insults the dignity or honor of another person shall be subject to a warning, a fine of 10 to 30 million VND, or non-custodial reform for up to 3 years.

In this case, with aggravating circumstances such as two or more people, or at that time there was livestreaming, taking photos, recording videos and posting them on social networks, the penalty will be from 3 months to 2 years.

This case still needs to be considered and determined from many aspects, such as how many people had their belongings removed by others. If there are two or more people, they will be prosecuted.

In addition, pursuant to Articles 589 and 590 of the Civil Code, the humiliated person has the right to request compensation for mental damage, not exceeding 10 times the basic salary, and is required to make a public apology according to the provisions of law.

As reported by Tuoi Tre Online , in recent days, on the social network Facebook, an account named TMN shared a 30-minute clip recording the image of two girls doing makeup for the bride being detained by the groom's family, having their suitcases and makeup tools searched, after the family discovered that 20 million VND had been lost at the wedding in My Tinh An commune, Cho Gao district, Tien Giang province. The video made many people angry.

Source: https://tuoitre.vn/vu-2-co-gai-trang-diem-bi-gia-dinh-chu-re-luc-vali-luat-su-noi-ve-kha-nang-vi-pham-phap-luat-2024112312192943.htm