How is the crime of causing death while on duty handled?
(Baonghean.vn) - Mr. Nguyen Anh Huy, residing in Do Luong district, asked how the crime of causing death while on duty is handled according to the provisions of the Penal Code? Does a person who commits the crime of causing death while on duty have his criminal record automatically cleared?
Payword:
A public official is understood to be a person holding a position of authority in a state agency or social organization, performing his/her functions and duties, and can also be a citizen mobilized to perform duties (such as patrolling, guarding...) according to the plan of a competent authority, serving the common interest.
Homicide in the performance of official duties is the act of a person causing the death of another person in the performance of official duties by using force other than those permitted by law.
Article 127 of the 2015 Penal Code, amended and supplemented in 2017, stipulates the penalty framework for the crime of causing death while performing official duties as follows:
1. Anyone who, while performing official duties, causes death by using force other than those permitted by law shall be sentenced to imprisonment from 05 to 10 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 08 years to 15 years:
a) Causing the death of two or more people;
b) For people under 16 years old, women who know they are pregnant.
3. The offender may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
Pursuant to the provisions ofClause 2, Article 70 of the Penal Code,A convicted person shall have his/her criminal record automatically expunged if, since completing the main sentence or the probationary period, he/she has completed the additional sentence, other decisions of the judgment and has not committed a new crime within the following period:
-01 year in case of warning, fine, non-custodial reform, suspended imprisonment;
-02 years in case of imprisonment up to 05 years;
-03 years in case of imprisonment from over 05 years to 15 years;
-05 years in case of imprisonment of more than 15 years, life imprisonment or death penalty but the sentence has been reduced.
-In case a convicted person is serving an additional penalty of probation, residence ban, ban from holding a position, ban from practicing a profession or doing certain jobs, or deprivation of certain civil rights, and the term of service is longer than the term prescribed in Points a, b and c, Clause 2, Article 70, then the period of automatic criminal record erasure will expire at the time the person completes serving the additional penalty.
