How is the crime of causing death while on duty handled?

GH DNUM_AEZACZCACE 11:00

(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 or her functions and duties, and can also be a citizen mobilized to perform duties (such as patrolling, guarding, etc.) according to the plan of a competent authority, serving the common interest.

Murder 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 outside of the cases permitted by law.

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Illustration photo.

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 in cases 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, the period of automatic criminal record erasure will expire at the time the person completes serving the additional penalty.

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How is the crime of causing death while on duty handled?
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