A has been in conflict with B from before, so the two sides have an appointment to settle (fight). A came home with a 45cm-long flap knife to find B. And B also went home to prepare two 65 cm long swords with him and invited L to accompany him. When he met B, A immediately drew his knife, slashed B 3 times and B both dodged. At that time, L pulled out a can of pepper spray and sprayed it on A’s face, causing A to sting and sitting down. B drew his sword and slashed A continuously, causing A to fall down (B continued to slash). After that, B went to find A’s friends and shouted “kill them all”, and couldn’t meet anyone. B cut 2 people on the side of the road and hurt them. A died, the People’s Procuracy of province T prosecuted B for “murder in a state of extreme agitation”. The investigative agency ignores L without a single statement in the case file. Please ask B’s identity as appropriate or not? Does not putting L in the investigation area miss the crime?

Answer by: Legal Specialist – General Construction Issues Department

1. About the conviction of B’s ​​behavior

Article 95 of the Penal Code states:

“Article 95. Crime of murder in a state of strong agitation

1. Anyone who kills a person in a state of mind and is strongly agitated by the victim’s serious unlawful act toward that person or his / her relatives, shall be sentenced to between six months and three years of imprisonment. .

2. Killing many people in a strongly agitated mental state shall be sentenced to between three and seven years of imprisonment ”.

Thus, the cause of the murder is inhibition, psychological resentment stemming from the victim’s serious unlawful behavior towards the offender or his / her relatives. In this psychological state, the offender is unable to control his offense, the autonomy and cognitive ability and ability to control the behavior are highly restricted, thereby committing the act. killing.

In the above case, A does not have serious unlawful acts towards B or B’s relatives; on the other hand, B just met A and drew his sword to stab A, not because B was inhibited, psychologically resentful stemming from the victim’s serious illegal behavior. Therefore, in this case, B is not a Murder offense in a strongly agitated state (Article 95 of the Penal Code).

In addition, for the act of slashing two injured roadside persons, if the infirmity rate of two persons is between 11% and 30% or less than 11% but falls into one of the cases specified in Clause 1, Article 104 of Under the Penal Code, B is also examined for penal liability for intentionally causing injury.

2. About the criminal prosecution for L

Clause 1 and Clause 2 Article 20 of the Penal Code provide:

“Article 20. Co-accomplices

1. Compliance is a case where two or more people intentionally commit the same crime.

2. The organizer, the practitioner, the instigator, and the helper are all accomplices.

The practitioner is the person who directly committed the crime.

The organizer is the mastermind, leader, and leader of the crime execution.

Instigators are those who incite, seduce, or urge others to commit crimes.

The helper is the person who creates the mental or material conditions for the execution of the crime …

Thus, in this case, L is also criminally prosecuted for intentionally causing injury as an accomplice (the helper) because L agrees with B to go to A and when he goes. pepper spray in the bag, when B stab A, L used the pepper spray to spray A’s eye, causing A to tear A to kill A.

The fact that the investigation agency does not take L’s testimony and does not prosecute L for criminal liability is not consistent with the law.