CAN A MOTHER BE CRIMINALLY PROSECUTED FOR ABANDONING HER CHILD IMMEDIATELY AFTER BIRTH?
In recent times, numerous incidents of newborns being abandoned in residential areas, hospitals, or even in harsh environments such as garbage dumps and manholes during scorching weather have left the public shocked and heartbroken. These distressing images not only evoke deep sympathy for the unfortunate little lives but also spark outrage toward irresponsible mothers who coldly abandon their own flesh and blood. Tragically, the majority of these infants, when discovered, are either in critical condition or have already passed away. The most recently recorded case occurred in Phu My Ward, Ho Chi Minh City, where a woman abandoned her child in an alley immediately after birth, resulting in the infant's tragic death.
1. Administrative penalties Pursuant to Clause 2, Article 21 of Decree 130/2021/ND-CP, a mother who intentionally abandons her child immediately after birth may be fined from 20,000,000 VND to 25,000,000 VND.
2. Criminal prosecution 2.1. Charge
Related Posts: Criminal Law
THE CRIME OF ORGANIZING THE ILLEGAL USE OF NARCOTIC SUBSTANCES
Abstract: The article analyzes the crime of "organizing the illegal use of narcotic substances" from the perspective of the elements of the crime, and explores the boundaries between the acts of personal use, joint use, harboring, enticing, and organizing the illegal use of narcotic substances. Based on Article 255 and Article 256a of the Penal Code, as amended and supplemented by Law No. 86/2025/QH15, the article revisits the central question: under what circumstances does the "illegal use of narcotic substances" trigger criminal liability? Furthermore, the article compares the legislative experiences of China and South Korea to propose conviction criteria aimed at avoiding two extremes: letting organizers go unpunished and mechanically criminalizing users.
Keywords: organizing the illegal use of narcotic substances; illegal use of narcotic substances; Article 255; Article 256a; Official Dispatch No. 89/TANDTC-PC; drug crimes; comparative criminal law.
THE CIRCUMSTANCE OF "COMMITTING AN OFFENSE TWICE OR MORE"
In criminal trials, correctly identifying aggravating, mitigating, and penalty-determining circumstances is of great significance. The incorrect application of even a single circumstance can unlawfully subject the defendant to a harsher sentence.
THEFT OF PROPERTY VALUED UNDER 2 MILLION VND
Property theft is a prevalent offense in society. This act not only causes material damage but also disrupts public order and security, and infringes upon the lawful property rights of citizens. Although the law has strict provisions to penalize theft, this crime continues to occur in various forms. Currently, a highly debated issue is determining the legal liability when an individual commits repeated theft, but the value of the stolen property in each instance is under 2,000,000 VND.
VOLUNTARY ABANDONMENT OF A CRIME
The article analyzes the legal concept of voluntary abandonment of a crime under the Penal Code of Vietnam, compares it with attempted crime, and elucidates the conditions for exemption from criminal liability based on the guidelines of the Supreme People's Court through Resolutions No. 01-HDTP/NQ and 02-HDTP-TANDTC/QD.
FORGING A SIGNATURE ON A WILL: IS IT SUBJECT TO CRIMINAL PROSECUTION?
A will is a fairly common document in our daily lives, through which property owners express their free will to distribute their assets to others upon their passing. In practice, the distribution of an estate based on a will often carries a potential risk of disputes between testamentary heirs and heirs-at-law. These conflicts can lead to doubts regarding the will's authenticity, the most serious of which is the forgery of the testator's signature. From a legal perspective, this act not only directly violates the deceased's right to freely dispose of their assets and harms the legitimate interests of other heirs, but it also constitutes a severe breach of the law, raising the issue of legal and criminal liability for the perpetrator.
DISORDERLY CONDUCT
Recently, there has been a succession of disorderly conduct cases across the country that have garnered profound public interest. This practical situation demonstrates a current upward trend in offenses disrupting public order. Therefore, what are the statutory provisions regarding disorderly conduct? What constitute its legal elements and the applicable penalties?
