NGUYEN HUU LINH BUDDHISM IS REASONABLE OR NOT?

According to the case files: “The findings of the examination still do not determine whether Mr. Linh touched, touched or touched the victim's body with his left hand? Mr. Linh himself also made clear testimony that only kissing the victim's cheek. The victim's testimony and his parents also affirmed that Mr. Linh only kissed the victim on the cheek, not touching other sensitive parts of the body.”

            In this case, the act of "kissing on the cheek"  the girl of Mr. Linh has a negative impact on the baby, but to what extent is the issue to be considered. What the public directly noticed in this incident was that the girl was very scared when she ran away from the elevator. But, the father was declared: “I realized that the incident had not caused any consequences, my children had not been harmed, so far, I have asked for no criminal or administrative sanctions against Mr. Linh. or compensate for damage at all" However, the public's outrage at Mr. Linh's misconduct has pushed the problem too far from its true nature.

Considering Mr. Linh's behavior from a social and objective perspective, Mr. Linh's behavior towards girls is a violation of the most basic social norms. As stated by Member of the National Assembly Le Thanh Van on this case: “A person who is knowledgeable about the law and once held the leadership position of the legal protection body, more than anyone else, Mr. Linh must be aware of Is my behavior immoral, is it illegal? ...

First of all, the fact that Mr. Linh hugged and kissed make the girl was frightened, after that, he lied to hide his true identity; All of these behaviors are worthy of condemnation. However, laws are based on specific standards and must follow legal logic. Mr. Nguyen Huu Linh's behavior is wrong, but how wrong it is, it should be considered.

In life, the nature and seriousness of violations of human behavior will be divided into the following levels; violating lifestyle, violating morality and violating laws. In particular, violations of law will also constitute the level of administrative violations, civil violations and criminal violations. According to the judgment of the procedure-conducting agency and the opinion of the majority of public opinion, Mr. Linh's behavior violates criminal law, particularly lewd offenses for people under 16 years specified in Clause 1, Article 146 of the 2015 Penal Code: “Anyone who is at least 18 years of age and who has committed lewd acts against a person under 16 years of age who is not having sexual intercourse or is performing other sexual acts is subject to imprisonment from 06 months to 03 years ”.

We all realize that Linh's act of hugging and kissing the little girl's cheek, though very rude and violating social norms, said that it was a "lewd act" for criminal handling, I felt really forced and somewhat serious problem.

There is a lawyer from the TP Bar Association. Ho Chi Minh when commenting on this incident once argued: "These acts of Mr. Linh satisfy his sexuality". As mentioned above, Mr. Linh's behavior is wrong but not qualified to be called lewd behavior; and with such behavior but speculation is to satisfy sex or also known as "lewd thinking" to force criminal liability for Mr. Linh not only unfounded (just speculation) but also contrary. law, because the law only applies to "lewd behavior" (that is, considering only the moderate extent of Mr. Linh's actual behavior leading to harm or the possibility of harming the child). to what extent) but not to "lewd thinking" (ie, ignoring Mr. Linh's thinking). The fact that there are people who just look, hold hands or hold the baby's underwear ... also imagine "everything" and also satisfy sex, perhaps they will prosecute them "lewd". (?).

Most of us are "allergic" to the act of "molesting" with women in general and especially with girls in particular, but not so that we "criminalize" all the errors of social life. In my personal opinion, in both social and legal aspects, Mr. Linh's behavior is wrong and condemning but not to the extent of being examined for penal liability. Suppose we find that the conduct requires criminal handling, forcing us to change the law to "Crime of defamation against people under 16".

Every family should take measures to protect children. Parents especially need to equip their children with the knowledge to protect themselves, reminding them not to go into enclosed spaces alone or with strangers.

The governing body of buildings / public places also needs to be more responsible in protecting the security in the areas where it is in charge. In Mr. Linh's situation, if the mirror is mounted on the front of the elevator or the camera is mounted at different angles, it is possible that the incident has gone in a different direction and probably no one will dare to perform indecent acts in elevator.

           On the public opinion side, we need to denounce and condemn unlawful acts. However, we should also view the case objectively and fairly. In the spirit of "everyone is equal before the law", not because someone is the "official" that we attribute or / and exaggerate the problem. There was even a National Assembly representative who commented on Mr. Linh's identity in this case as follows: “Mr. Linh has signed the decision to prosecute and prosecute a number of concerned businessmen in Da Nang to Vu "nhom" makes them themselves defeated. But so far, Mr. Linh has not been blamed on this duty ”. In my opinion, it is not advisable to include other mistakes of Mr. Linh (if any) in this case, doing so is no different than we are taking advantage of public opinion and law to avenge the other mistakes (if any) of Mr. Linh. In fact, assuming that Mr. Linh made these mistakes, we need to investigate them clearly and hold Mr. Linh responsible for them.

On the side of law enforcement agencies, the proceeding agencies are currently greatly affected by oppression from public opinion. It was the outrage of the crowd that made the proceeding process run in a way that pleased the people. The positive side is bringing to light early illegal acts, but its negative side is sometimes dealing with illegal things. Therefore, in order to ensure democracy in the construction of a rule of law state, the procedure-conducting agencies need to be really stable before the public. Instead of "swept" under public pressure, the proceeding agency should analyze specifically and propagate to the people to better understand the law. Because once "forced" me to defuse public opinion momentarily, the consequences will be huge later.

As for lawmakers, according to the opinion of most people today, indecent acts such as kissing, touching the bodies of women and children are often difficult to detect, even if detected, it is not If the law is still obscure as it is now. Therefore, in order to strictly punish and deter these cases, it is necessary to soon adopt a draft Resolution guiding a number of articles of the Penal Code to concretize criminal acts and avoid cases of law application. arbitrarily leads to the wrath of the masses. Particularly concretizing child sexual acts in the draft also need to be carefully considered, because if the new regulations, the act of kissing children in the face can also be pornography; While the kiss on the forehead is different from the kiss on the lips, the kiss shows respect and affection towards the kiss. In addition, lawmakers should supplement other sanctions such as obliging to publicly apologize, offenders subject to isolation measures, banning contact and retreat in areas with children, etc. At the same time, with the cases of crimes due to sexual desire often have a high probability of suffering from mental illness, it is necessary to assess and apply compulsive treatment if necessary.

Lawyer Quang Anh

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