2024-04-10 23:45:00
On April 10, District 1 Police, Ho Chi Minh City prosecuted and temporarily detained Pham Huynh Nhat Vi (born 2003, Go Cong Dong district, Tien Giang) to investigate the crime of “Using people under 16 years old for pornographic purposes”.
Pham Huynh Nhat Vi is the suspect of kidnapping NKTM (born 2017) and LHTL (born 2021) on Nguyen Hue pedestrian street and taking them under control to the apartment in Saigon Pearl apartment building (ward 22, Binh Thanh district).
According to the investigation agency, Vi claimed to have brought two 3- and 7-year-old girls home “to raise” but there is much evidence showing that Vi’s purpose was to record pornographic videos and send them abroad to pedophiles. adultery.
Pham Huynh Nhat Vi when arrested
The apartment at Saigon Pearl apartment building, Binh Thanh district, was rented to Vi by a foreign man. Police discovered many pornographic videos, ordered from abroad, in this apartment.
Doctor and lawyer Dang Van Cuong, member of the Executive Committee of the Vietnam Association for the Protection of Children’s Rights, commented on the above case, saying that the act of kidnapping children to use for pornographic purposes is a method of crime. The crime scene was new, aggressive, daring and showed the female suspect’s sense of disregard for the law.
The Penal Code has provisions on the crime of using people under 16 years of age (children) for pornographic purposes, and the crime of appropriating people under 16 years of age. However, people who perform both of these actions at the same time are “rare”.
Vietnamese law has full regulations to protect the life, health, honor and dignity of all citizens, especially protecting children. Children are people under 16 years old, not yet fully developed physically and mentally, and are special subjects in society that need to be strictly protected.
According to the law, any adult who entices, seduces or forces a person under 16 years of age to perform pornographic performances or directly witness pornographic performances in any form will be punished. criminal according to Article 147, Penal Code.
In the above case, physical evidence can be clips and images of children performing sexually explicit acts according to the subject’s instructions, which is the basis to properly accuse this subject of the above crime.
Acts that constitute a crime include instructing, enticing, and forcing children to perform sexually explicit activities, regardless of the duration, image, or consequences for the victim and society. .
Therefore, as long as there is evidence proving by sound, image, or clip that this subject has enticed, seduced, or forced these children to perform sexually explicit acts, there is enough basis to handle them. for this subject according to Article 147 of the Penal Code.
In addition to using people under 16 years old for pornographic purposes, this subject also has the act of illegally possessing children.
According to initial investigation results, this subject held two children without their mother’s consent for a long time.
According to the provisions of law, only parents, guardians or people authorized by parents for education, medical treatment or competent organizations according to the provisions of law have the right to look after, Children management. Any other person who does not have the permission of the parents or guardian or is not authorized by law is not allowed to occupy the child.
Therefore, in addition to the act of using children for pornographic purposes, which can be criminally prosecuted under Article 147, this subject also has the act of illegally possessing children. In principle, each criminal act will handled once, so the act of illegally seizing a child will be criminally handled according to Article 153 of the Penal Code.
In case of conviction for multiple crimes, the court will combine the penalties according to the principle that if all penalties are imprisonment, the total penalty shall not exceed 30 years. Therefore, in the case of this subject being prosecuted for the crime of using a person under 16 years old for pornographic purposes (punishment of up to 7 years in prison) and the crime of appropriating a person under 16 years of age (up to 10 years in prison), the penalty This subject will have to face no more than 17 years.
Lawyer Cuong assessed that this is a new method of crime that is quite surprising to many people. What is worth noting is that this subject is still very young and has committed a very bold crime.
At the same time, the case will certainly not only have one defendant but also accomplices. The subject who rents a house to Vi and directs this subject to commit a crime will be the mastermind. The investigation agency will clarify who is the mastermind in this case to handle it according to the provisions of law.
In modern society, anything can happen when the internet has global coverage and connection, social morality is deteriorating in a part of young people. The acts of kidnapping, appropriating children, kidnapping to appropriate property and then using children for pornographic purposes and child trafficking are quite common. Therefore, parents need to increase their vigilance and be more responsible in managing their children’s education.
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