Counsel opinion Hanoi - married sisters: 2 years imprisonment is appropriate?
Thứ Tư, 21/12/2011
Love story and injustice of the two sisters in An Lao, Binh Dinh make people touching. Many readers also not pleased when the court treat Mr. Dinh Van Mien two years in prison for incest.
They’re not guilty ?
This love story obstacles of couples occurs in An Lao district, Binh Dinh Province. They are shocked when realized is sisters of each other after 12 years married and had two children.
Regarding to this marriage, the husband has sanctioned two years in prison for incest. Regarding the judgment for her husband, many readers objected, because according to them, this couple did not know the truth about their relationship and two people have suffered too much suffering.
It’s the story of Mr. Dinh Van Mien (SN 1953) in An Lao district, Binh Dinh Province and Ms. Dinh Thi Mieu (SN 1951) was published in newspapers law and era. Since childhood Mr. Mien has lost family, later when he growing up met , loved and married to Ms.Đinh Thi Mieu. Their lives as happy more when have the two children obediently . Back countryside after 12 years, Mr. Mien and Mrs. Mieu surprise when that they know are relation the siblings. Ago the truth to this terrible,both spouses suffering resolutely stayed together despite outcry villagers. In 1988, he was sanctioned for two years in prison for incest. The public had tumultuous a lot of about the judgments and painful love story of this couples .After the VietNamNet Newspaper posted this story, has a lot of readers feedback about the editorial .
Readers Chu Thi Thao was very touched by their story and did not agree with two years' jail sentence that the court made : "I want to cry when reading that story, although this is incest, but no one wants this, it is love from two sides "
Readers Hoang also concurred: " The law must also get a historical perspective for trial. Two sisters dissociation due to war without relatives ,the girl's foster parents do not realize guy . So, why blame them and charged them ".
One reader also touched to share this love story : " Trade for the fate of life , they are not guilty, please take a look at the legal " . That a reader nicknamed Bibi also pressing : " While the society is worried about the status more and more divorces in all levels. Courts often convincing, reconciliation of couples . Now why the couple separation ? They’re just victims of war “
However, some readers said that: " I don't agree with the above words , at least this couple must know right and wrong in spite of quite late , two grandparents also has older , can still care for the children without the need living together, must comply with the law " readers Nguyen Thi Mai said. Another readers also agreed : " the court does not consider the about both married because it happened . The trial tribunal that is why both sisters still live together when had know what happen. When you realize you have blood relationship with the wife, are the marriage should end, not so determined to stay together affect the fine traditions and customs of the Vietnamese
The reporters baoVietNamNet had consulted several lawyers. Lawyer Nguyen Minh Long, Dragon Law firm (Pham Hung, Hanoi) said: " If two people previously did not know they have blood ties, namely that siblings living together and having children, not guilty because they did not intentionally violate the law "
According to Mr. Long, in this case, local governments and organizations such as Women should mobilize, propagate them to learn about the law so that they understand the law of marriage and family. When to know had the same blood ties and understand the propaganda of local government but they are still relations and have children, they have violated law. Now, if there is evidence they may be prosecuted .
Lawyer Nguyen Minh Long also noted : "If after Mr. Mien and Mrs. Mieu know that they are sisters and Mr. Mien pledged not husband and wife relationship with his sister, no children, just take care of each other when they get old and care for their children, they were able to live together . Because sisters live in the same household there is nothing wrong .But if after know and still try to having husband and wife relationship, additional birth child , Mr Mien may be criminal prosecution "
The according to Article 146 of the Criminal Code 1985: "Unintentionally crime is guilty in the following cases:
The offenders due to sloppy which does not foresee the likelihood of hazardous consequences for society, although must foreseen and Predictably
b) The offenders although seen his behavior could cause negative consequences for society, but for that the consequences will not occur or can be prevented. "
Lawyer Nguyen Minh Long Dragon Law Director also says, in the life, there are cases very hard to explain when siblings do not know or were lost a child should be had married with each other. Until the descendants to learn or accidentally found out story this irony, they shocked and surprised. But because of family honor and other factors they were conceal or the keep of secret.
On the issue to this marriage which violation of law or not, the law firm consultant in Hanoi (Ba Dinh District, Hanoi) also replied : in 1976, Mr Dinh Van Mien and Mrs. Dinh Thi Mieu marriage with each other . At this time on marriage law and family in 1959 the still valid . As stipulated in Article 9 of the law on marriage and the family in 1959 : " The prohibit marriage between siblings , siblings of the same father but different mother or same mother but different father " . Drawing upon this, the marriage this violates law the marriage and family in 1959.
According to the law firm consultant in Hanoi, as stipulated in Article 146 of the Criminal Code 1985 is : " Anyone copulation with people with have the same bloodline , with siblings of the same father but different mother or same the mother but different fathers, shall be sentenced from 6 months to 5 years " . However, can only be considered a criminal act when it satisfy four elements constitute an offense : on objectivity, subjectively, object and subject .In which the person who perform made the offense belongs to terms of on the subjective ,expressed in form deliberate or inadvertent errors.
If according to the provisions this to, Mr. Dinh Van Mien and Mrs Dinh Thi Mieu married for is not at fault because they married in 1976, due to stray each other so small that they do not know be have a sibling relationship. As such, the behavior of Mr. Mien and Mrs. Mieu is not at fault, because they do not know and could not know this relationship
As such, the behavior of Mr. Dinh Van Mien and Ms. Dinh Thi Mieu not the crime. So the court judgments for Mr. Dinh Van Mien 2 years in prison is not satisfactory. The simultaneously, to make lawful, the local government can do request the Court to annul the marriage is unlawful. However, the local governments should to create conditions for their continued care for the children and help each other in life.
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