SB Law Firm

Duc Tung
Attorneys at Law
37 Nguyen Chi Thanh
Dong Da, Ha Noi, Viet Nam 12378
(718) 340-4200

October 28, 2020

Tungvuduc541@gmail.com

Nguyen Van H
Thua Thien Hue, Viet Nam 12378

Dear Mr. Nguyen Van :

You wrote to me that you had been accused of murder by Supreme People’s
Court . I wrote this letter to refer to our consultations. The purpose of this letter is
to help you with your case against Supreme People’s Court . I will give you legal
advices as well as provide legal rules and principles that may help you win the
case.
You mentioned to me that: you and Mr. Trần Quang V, along with Phạm
Nhật T, beat Mr. Duong Quang Q's face to avenge his father. Mr. V used a
machete with a serrated blade and then ran to and continuously slashed Mr. Q's
head, face, back, legs and arms, causing Mr. Q to fall to the ground. After cutting
Mr. Q, V made three consecutive phone calls to H to ask about Mr. Q's injury. H
asked V again, “Did you cut Mr. Q? Mr. Q has gone to the hospital "
Your retaliation constitutes murder under the Vietnamese Penal Law.
Murder is an act of intentionally taking someone else's life illegally. Acts of taking
other people's lives are understood as acts capable of causing human death, ending
their lives. Your particularly serious law violation is subject to criminal liability
According to the facts, the Supreme People’s Court may invoke the
Vietnamese Penal Law to convict you of murder. Co-committing murder is when a
crime is committed by two or more people and a related act, interacting with each
other to kill a person. In your case, you instructed Mr. V and Mr. T to fight for
revenge. The fact that Mr. V slashed Mr. Q with a machete was unintended. You
did not know that Mr. V would use a weapon to slash Mr. Q. Even though you and
Mr. V did not agree to kill Mr. Q, then you knew that Mr. Q went to the hospital,
accepting the consequences. Thus, you can be charged with murder
One possible option for you is to invoke case law No. 01/2016. If the
victim's death is beyond the subjective consciousness of the instigator, the
instigator must bear criminal responsibility for intentional injury. The advantage of
this option is that you may have a lighter penalty. However, you cannot prove that
the victim's death was out of your will. Or you can claim that you cannot control
your emotions and want to take revenge, then you will only have to be charged
with being over legitimate defense because you have been beaten by Mr. Q. This
option is not feasible because your behavior is going on over a long period of time
To sum up, based on the facts as I have recited them in this letter, I believe
that Supreme People’s Court would convict you of murder. To avoid the
possibility of committing murder, I recommend that you invoke case law No.
01/2016 or claim that you cannot control and want revenge against Mr. Q. This
way you will likely get less criminal responsibility
If you have any question, you are welcome to contact with me. I would be
grateful to discuss things with you further

Sincerely,
Duc Tung