Defending a client in a case of intentional injury

I. Case Summary

In 2023, after drinking alcohol, D encountered Ms. A, who was riding her motorbike into the yard. D drove his motorbike into Mr. N’s yard (Ms. A’s father), causing his motorbike to hit the back of Ms. A’s motorbike. D and Ms. A got off their motorbikes, exchanged insults, and struggled, pushing and shoving each other. During the struggle, Ms. A cried out, “Dad, D hit me!” Mr. N, inside the house, heard this and, fearing D would harm A, went to get a 1-meter-long square piece of wood. When he returned to the yard, he saw D swinging his arm to hit A. Mr. N, standing behind D, took the stick and struck D diagonally from above down to D’s right leg. When D fell down, he continued to strike D’s leg about 2-3 times. Seeing D lying on the ground, Ms. A called the police to report the incident.

D was hospitalized for one month and then discharged. The forensic examination report concluded that D’s current bodily injury rate is 25%. Mr. N is the son of a fallen soldier. During the investigation and prosecution, Mr. N confessed honestly and showed remorse.

The initial criminal judgment sentenced Mr. N to 12 months in prison for intentionally causing injury. Mr. N was also ordered to compensate D with a total of fifty million dong.

The criminal procedure is very strict.

Subsequently, Mr. N requested that Inter Justice’s lawyers initiate the appeal process and represent him at the appellate level.

II. Legal provisions related to the case

• Mitigating circumstances resulting from the victim’s unlawful conduct.
• The offender is the child of a fallen soldier and is a mitigating circumstance in determining their criminal liability.
• Mitigating circumstances include the offender’s sincere confession and remorse.

III. Options for Mr. N’s defense lawyer at the appellate level.

• Because Mr. N has three mitigating circumstances: the crime was committed due to the unlawful actions of the victim when D broke into Mr. N’s house, hit Mr. N’s daughter with his car, and assaulted Mr. N’s daughter; Mr. N is the son of a war hero; and he has made a sincere confession and shown remorse. Therefore, based on Article 54 of the Criminal Code, the defense lawyer requested a reduction in Mr. N’s sentence from 12 months to 6 months imprisonment.

IV. Court Judgment

• The appellate court accepted Mr. N’s appeal and his lawyer’s defense, reducing his prison sentence from 12 months to 6 months.