The death penalty for raping persons under sixteen years old from practice of Ho Chi Minh city (Part 2)

Rape of a person under the age of sixteen is one of the two crimes specified in Chapter XIV (crimes of infringing on human life, health, dignity, and honor) of the 2015 Penal Code (amended and supplemented in 2017) still applies to the death penalty. In reducing the number of crimes subject to the death penalty, the retention of the regulation on the death penalty for rape of a person under sixteen shows the hazardous nature of the crime. The provisions of the Penal Code on the crime of rape of people under 16 years of age are increasingly improved. Within the scope of the article, the author uses analytical and synthesis methods, statistical methods, comparative methods and combines theory with practice. The data cited in the report is the number of cases and the number of defendants prosecuted for the crime of rape of a person under 16 years old that occurred in Ho Chi Minh City, and the number of defendants who were subject to the death penalty for this crime in Ho Chi Minh City in the period 2016 - 2020. By the above research methods, the authors analyze several theoretical issues and legal provisions on the crime of rape of people under 16 years of age, evaluate the practice of applying the law, and the practice of applying the death penalty to this offender in Ho Chi Minh City.