The lawyer said that the subject of child abduction may commit a criminal offence.

The case of the boy's arrest in Ho Chi Minh City

The police agency is actively investigating the kidnap case in Ho Chi Minh City.

Previously, the child's family said that at 2 p.m. on October 19, a 2-year-old boy in Phu Huu ward, Thu Duc city (HCMC) was playing in his house when suddenly a bar The teenager came in and carried her, then the baby's grandmother discovered that she was struggling with the object, so she saved it in time.

Phu Huu ward police took part in extracting cameras, taking testimonies from witnesses, conducting autopsies, investigating and clarifying the case.

It is known that in the early afternoon of October 20, the police of Huu Phu ward concluded that there was not enough evidence to conclude that there was child abduction in the above area.

However, the locality still asks people to be vigilant against crimes.

Regarding the legal issue when the child abduction case happened, lawyer Truong Quoc Hoe (Hanoi Lawyers Association) said that the subject's behavior showed signs of " Crime of appropriating people under the age of 16" according to Article 153 of the Penal Code 2015.

This crime has 3 penalty frames, of which the highest frame is imprisonment from 10 to 15 years.

Offenders may also be subject to a fine of between VND 10 million and VND 50 million, a ban from holding certain posts, practicing certain professions or doing certain jobs for one to five years.

According to the lawyer, the crime of appropriating people under 16 years old prescribed in the current criminal law is separated from the content of Article 120 of the 1999 Penal Code – Crime of buying, selling, exchanging or appropriating children.

Appropriating a person under the age of 16 is an act of using all methods to illegally possess a person under the age of 16. Crime of infringing upon the body, dignity and honor of a person under the age of 16.

Thus, the object of the crime is the right to be protected by the State for the body, health, honor and dignity of the person under 16 years of age and the stable situation of the whole society.

Subjects commit crimes with direct intentional error. The offender is fully aware that his behavior infringes on the freedom of the victim, but wants that consequence to happen, and wants to illegally occupy the victim.

The motive of committing the crime and the purpose of committing the crime are not mandatory signs of the crime, but the purpose of committing the crime here must be to capture the victim. If the appropriation of the victim for other purposes does not constitute this crime.

However, if the act of appropriating children as hostages in order to appropriate property, the boy kidnappers in Ho Chi Minh City will be examined for penal liability for kidnapping to appropriate property specified in Article 134. Criminal Code.

Missing baby in Binh Duong

In addition to the abduction of a boy in Ho Chi Minh City, public opinion is also stirring the case of the missing child in Binh Duong.

At about 10 o'clock on October 15, L.G.H. was playing in front of the house in Tan Dinh hamlet, Minh Tan commune, Dau Tieng district, Binh Duong province, the parents went inside and then turned back but did not see their son. Searching around the house did not find the baby.

After the incident, the family reported to the local authorities to organize a search. Minh Tan commune has mobilized dozens of people to coordinate with relatives to search for 2 days and nights but still have not found the baby.

After 2 days of not being found, on the morning of October 17, the Investigation Police Agency of Dau Tieng District Police issued a notice to search for L.G.H. (male, born in 2019). Another name is Ta Nu, weighing about 16kg, 80-90cm tall.

Before going missing, he was wearing a short-sleeved black T-shirt with a white border on the collar; wearing blue shorts, no hat on the head, no sandals on the feet.

Very sad, on the morning of October 20, the authorities confirmed that the baby's body had been found in the river near the house.