Restaurant staff kills customers in Da Nang
The Criminal Police Department (Da Nang City Police) said there was an urgent arrest warrant for Le An, 29 years old, residing in Ngu Hanh Son district, on murder.
The restaurant where the incident happened. Photo: Investor
According to the police, at noon on August 5, Mr. V. (the victim’s name has been changed), 28 years old, living in Lien Chieu district, and a group of friends went to a restaurant with karaoke service on Nguyen Tat Thanh Street, Thanh Khe District. .
As a regular guest here, Mr. V. went to the front desk to talk to An to offer a discount on the room rate. The statement was not agreed, so Mr. V. made a threat, then took the car out.
After a while, Mr. V. and the same person returned to the shop, called An out to talk. The young man accompanying the victim slashed An’s left hand twice with a knife. Attacked, An ran into the restaurant to hide.
Mr. V. drove you home, then returned to the bar and went to the karaoke room. An took a knife from the front desk, followed it up the stairs and stabbed it. The two struggled, chasing each other to the sidewalk in front of the restaurant. Here, An stabbed many times in the back until Mr. V. lay motionless.
The victim died on the way to the hospital. Meanwhile, An ran up to a karaoke room in the bar, put the knife in the sink and locked the door. The police then arrived at the scene and persuaded them to present themselves.
It is necessary to clarify whether the suspect is in a highly agitated mental state or not?
From a legal perspective, talking with PV Dan Viet, Doctor of Law Dang Van Cuong said that Le An’s behavior was murder, but the investigation agency will clarify the cause of the incident and the motive behind the incident. judgment, clarifying the emotional state and cognitive level, controlling the suspect’s behavior to determine the level of mental agitation to consider and apply the law accordingly.
According to information from the authorities, the victim was the one who caused the incident first, then the suspect used a knife to attack and kill the victim.
Therefore, the investigating agency will clarify the behavior of the two parties, the level of mental agitation of the suspect to handle the crime of Murder under Article 125 or Murder according to Article 125. Article 123 of the Penal Code.
According to Mr. Cuong, these two crimes have the same thing that the behavior can lead to the death of the victim, which can take the victim’s life, but the difference in the behavior of the two sides makes the mental health of the victim worse. of the subject of the crime is agitated at different levels (strongly excited or just excited) leading to the result of the murder.
If the suspect commits murder due to strong mental agitation from the victim’s illegal behavior. The victim’s behavior is not in accordance with social ethical standards and violates the law, which makes the suspect angry, leading to loss of control, so he commits a crime.
In this case, if proven guilty, the suspect faces a penalty of no more than three years in prison.
However, to determine whether the suspect’s spirit is “strongly agitated” or not depends on many factors, including the victim’s behavior, the psychological development, the emotional state of the two parties. and other psychological factors. This issue will be clarified by the investigating agency.
As for the case, the investigation results show that the victim is at fault but not to the extent that the suspect’s spirit is agitated. will be criminally handled for Murder under the provisions of Article 123 of the Penal Code, but may apply the mitigating circumstance that the victim is partly at fault.
“In the case of being handled for murder, the punishment that the suspect can face is more severe. But if the crime of murder is in a highly agitated state of mind, the punishment will not exceed 3 years in prison” – the expert stated.
