Will the imprisonment penalty be applied in case of failing to make a scene of jealousy?

My cousin found out that her husband was cheating. She hired a stalker and learned of their relationship and travel schedules. So she planned to make a scene of jealousy by throwing acid on the woman. She and a few friends buy the most dangerous acids and go to the hotel they stayed. However, due to the group of people causing disorder, the hotel receptionist called the police. When their group was about to break into the room, the police caught them storing acid and preventing the act o making a scene of jealousy. The police said that my cousin could be sentenced to prison. So, I want to know if my cousin may go to jail while she has not injured anyone.

FDVN's Opinions:

According to Clause 6 of Article 134 of Penal Code 2017 on the Deliberate infliction of bodily harm upon another person, which is amended by Clause 22 Article 1 of the Law amending the Penal Code 2017, "Any person who prepares a weapon, explosive, acid, dangerous chemical; establishes or joins a group of criminals to inflicts bodily harm upon another person and shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment."

This provision means that the offenders' objective act of causing injury or harming the health of others is not needed, nor mandatory to have consequences. Therefore, in the above case, the subjects, although not performing acts of causing injury or harming the health of others, have followed up, discussed and completed the preparation of dangerous acids, intended to attack to cause injury or harming the health of others. The signs of objective behavior as prescribed in Clause 6, Article 134 of the Penal Code are met. The foregoing, they may be subject to non-custodial reform up to 02 years or imprisonment of between 3 months and 2 years.

Hoang Thuy Quynh - FDVN Law Firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

56A Dien Bien Phu, Hue City, Thua Thien Hue

336 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Lawyers in Nghe An

 No. 19 V.I Lenin street, Vinh City, Nghe An Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/