Tiếng Việt
Table of Contents:
1. What is a threat of murder?
2. Crime of threatening of murder according to the Penal Code 2015, Amended and Supplemented in 2017.
3. How are threats of murder on social networks handled?
1. What is a threat of murder?
A threat of murder is understood as the act of a person threatening of murder, if there is a basis to make the threatened person fear that this threat will be carried out and the offender does not consciously take the life of the threatened person nor does he consciously let the consequences of the death of the threatened person occur.
2. Crime of threatening of murder according to the 2015 Penal Code, amended and supplemented in 2017.
Crime of threatening of murder is regulated under Article 133 of the Penal Code 2015, amended and supplemented in 2017 as follows:
“Article 133. Crime of threatening of murder
1. A person who threatens to commit a murder shall face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment if there are grounds for the threatened person to believe that the threat is likely to be carried out.
2. This offence committed in any of the following circumstances carries a penalty of 02 – 07 years’ imprisonment:
a) The offence is committed against 02 or more people;
b) The offence involves abuse of the offender’s position or power;
c) The threat is made against a law enforcement officer in performance of his/her official duties or because of his/her official duties;
d) The threat is made against a person aged under 16;
dd) The threat is meant to conceal another criminal offence or avoid punishment for such offence.”
3. How are threats of murder people on social networks handled?
If the act of threatening of murder people on social networks is not serious enough to be prosecuted for criminal liability, it may be subject to administrative sanctions according to Point g, Clause 3, Article 102 of Decree 15/2020/ND-CP stipulating sanctions for administrative violations in the fields of post, telecommunications, radio frequencies, information technology, network information security and electronic transactions as follows:
“3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the following acts:
g) Providing, exchanging, transmitting or storing, using digital information to threaten, harass, distort, slander, or insult the reputation of an organization, the honor, dignity, and reputation of another person.”
However, according to Clause 3, Article 4 of Decree 15/2020/ND-CP stipulating administrative sanctions for violations in the fields of post, telecommunications, radio frequencies, information technology, network information security and electronic transactions, the above fine applies to organizations. If an individual commits a similar violation, the fine is half.