關於 robbery law ，我們在網路上蒐集到這些相關的討論、資訊與評價

湯景華縱火燒死6人案，最高法院今天「自為改判」，改判無期徒刑定讞。

　　理由是：……屬於殺人的間接故意，而不是直接故意，不符合判《兩公約》規定要處死刑啊要具備殺人直接故意的要件。所以本院依法撤銷原審判決，改判無期徒刑，褫奪公權終身。（最高法院刑事發言人徐昌錦庭長）

　　首先，我先看了《公民與政治權利國際公約》第六條，並沒有必須直接故意殺人才可以判死刑這樣的要件。再到處查，只有查到台灣廢除死刑推動聯盟《台灣死刑判決報告～75位死刑犯判決綜合分析》裡面有以下這段：
「……
其中所謂「情節最重大之罪」，依人權事務委員會相關解釋，雖限於「蓄意殺害並造成生命喪失」（there was an intention to kill which resulted the loss of life），然此僅屬公政公約因應不同國家刑事法制度所設之「最低度要求」。
依此，非謂凡犯「殺人罪」者即均應處以死刑；又應將「未發生死亡結果」或「不確定故意」之犯罪排除於「情節最重大之罪」範圍外
……」

　　經由一些文獻指引，找到公民與政治權利國際公約第36號一般性意見第35點，原文節錄：「The term “the most serious crimes” must be read restrictively and appertain only to crimes of extreme gravity, involving intentional killing.（僅限於涉及故意殺人的極嚴重罪行。） Crimes not resulting directly and intentionally in death,（未直接和故意導致死亡的罪行，） such as drug offences, attempted murder, corruption and other economic [and political] crimes, armed robbery, piracy, abduction, and sexual offences, although serious in nature, can never justify, within the framework of article 6, the imposition of the death penalty.」簡而言之，必須「故意殺人」，而且「直接、故意地導致死亡」，才能判處死刑。本段落並列舉包含毒品罪、殺人未遂罪、武力強盜、海盜及性侵害犯罪等罪，不能宣告死刑。

這段英文出自A/HRC/4/20，解釋「情節最重大之罪」：「The requirement of human rights law that the death penalty should be imposed only for the “most serious crimes” continues to be interpreted subjectively by certain States. The report examines the travaux of the International Covenant on Civil and Political Rights, surveys the jurisprudence of the Human Rights Committee, and analyses the comments by the Secretary-General, principles declared by the Economic and Social Council and the Commission on Human Rights and concludes that, if it is to comply with the most serious crimes restriction, the death penalty can only be imposed in cases where it can be shown that there was an intention to kill which resulted in the loss of life. 」

　　首先，第一個問題是，英文「intentional/intentionally」，是否包含「不確定故意」？如果從英美法的角度，犯罪的主觀要素分類大致上有intentional, reckless, negligence等，如果並沒有強烈的意圖（intention），但是能預見而去做某些行為會侵害法益，仍然去做，也會構成魯莽（reckless），以殺人罪為例，魯莽行為致死會構成involuntary manslaughter（英美法的殺人罪有很多種，這邊姑且翻譯成「比較嚴重的過失致死」）通常會比murder（謀殺）的罪輕很多。

　　（這邊以美國為例）你以為美國刑法會用魯莽殺人（過失致死）輕易放下強盜致死、縱火致死、強姦致死的人嗎？在大部分的立法例裡，只要犯下重罪（felony，能判超過一年徒刑的，全都是重罪）致人於死，而且沒有嚴重違背因果歷程的，都會被被擬制為「謀殺」，稱為「重罪謀殺」（felony murder），所以即使行為人在強盜過程中，被害人嚇到跌倒死亡，或者結夥搶劫，你的同伴把被害人槍殺，自己也要成立「重罪謀殺罪」。這個理論是基於「移轉的故意」（transferred intent），意思是說，你在做某些危險的事，就該知道那件事可能發生的危害，對實際發生的危害直接當成是故意所為的。

　　言歸正傳，我國除了毒品罪、海盜罪還有很多奇奇怪怪的罪不用殺死人就可以判死刑以外，強盜致死、擄人勒贖致死，都不用殺人故意，就可以判死刑。

　　運輸一級毒品，或者強盜沒有殺人故意，根據《刑法》都可以判死刑，更遑論不確定故意的殺人了。不過根據「《兩公約》規定必須具有殺人的直接故意」才能判處死刑的這個說法，以上這些通通不能判死刑，所以應該可以說，《刑法》裡面許多死刑的規定，是只能嚇人用。

　　或者說，《兩公約》真的是當年總統、立法者、學者們想的這樣嗎？

歡迎指正與提供意見。

TỪ VỰNG IELTS - CRIME (Kèm ví dụ)
1. to commit a crime = to commit an offence = break the law: thực hiện hành vi phạm tội
2. to reoffend = to commit crimes again: tái phạm
3. criminals = offenders = lawbreakers = people who commit crimes: kẻ phạm tội
4. to engage in criminal activities = to take part in unlawful acts: tham gia vào các hoạt động phạm pháp
5. minor crimes such as shoplifting or pickpocketing: các tội nhẹ như ăn trộm vặt tại các cửa hàng hay móc túi
6. serious crimes such as robbery or murder: các tội nặng như cướp hay giết người
7. to receive capital punishment = to receive the death penalty: nhận án tử hình
8. to receive prison sentences = to be sent to prison: nhận án tù/ bị bỏ tù
9. life imprisonment: tù chung thân
10. to impose stricter/more severe punishments on…: áp đặt những hình phạt nặng nề hơn lên…
11. to provide education and vocational training: cung cấp giáo dục và đào tạo nghề
12. to commit crimes as a way of making a living: phạm tội như 1 cách để kiếm sống
13. to be released from prison: được thả/ ra tù
14. rehabilitation programmes: những chương trình cải tạo
15. to pose a serious threat to society: gây ra mối đe dọa nghiêm trọng cho xã hội
16. to act/serve as a deterrent: đóng vai trò như 1 sự cảnh báo/ngăn chặn
17. security cameras and home surveillance equipment: thiết bị giám sát tại nhà và camera an ninh
18. crime prevention programmes: những chương trình phòng chống tội phạm
19. juvenile crimes = youth crimes = crimes among young adults: tội phạm vị thành niên/ ở giới trẻ
20. innocent people: những người vô tội
21. to be wrongly convicted and executed: bị kết tội và xử oan
22. to create a violent culture: tạo ra 1 nền văn hóa bạo lực
23. potential criminals: những người có khả năng cao trở thành tội phạm
24. a sense of safety and security: một cảm giác an toàn và an ninh
👉👉👉 Bài chi tiết kèm ví dụ page mình xem tại đây nhé: https://ielts-nguyenhuyen.com/tu-vung-ielts-chu-de-crime/
#ieltsnguyenhuyen
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Our call in opposition to the welcoming visit of Xi Jinping by Vietnamese Communist Party

To all our fellow citizen,
To all our youth in Viet Nam (specially the younger generations),

Exercising our civil rights and duty, we had requested the government to cancel the welcoming reception of Xi Jinping. The country’s red carpet ceremony shall not be used for the leader of a country which has been seizing our land and islands, killing our innocent fishermen. Unfortunately, this request was ignored by our government.

On this coming November 5th 2015, Xi Jinping – The Chinese Communist Party‘s Secretary and Chairman will officially visit our country and he will deliver a speech in front of our country’s parliament. He will preach nothing but preaching the brotherly friendship between the two counties with flowery but empty speech.All the while, in South China Sea, which we called Eastern Sea, this Beijing’s authorities have been ignoring the international law, especially The United Nations Convention on the Law of the Sea (UNCLOS) signed and declared in 1982, in which they are a member. They had created falsified historic documents for use in spreading propaganda to Chinese people and its citizens in order to claim their rights to protect this false sovereignty.
Xi Jinping and his government have presented this lie repeatedly.

In reality, almost all our exclusive economic zones at sea and on land have been taken and occupied illegally by this Chinese government. They often use their much larger marine surveillance vessels and fishing vessels to attack and to kill our innocent fishermen in our own legal parts of the Eastern Sea. Thousands and tens of thousands of our fishermen's livelihoods were, in the time being, and will be the victims of this brazen robbery everyday at our own sea, which has been approved, and declared by the international law. Beside these attacks, our own citizens have been kidnapped, mugged, and ransomed by these thugs on our own sovereignty.On our own legal islands and their rocky shoals, they illegally created and built their military bases with the intention of claiming the rest of this part of Pacific Ocean.Internationally, by declaring this illegal nine-dashed line and building these illegal military bases, Xi Jinping and his Communist Government have threaten the peace in the area, the freedom of navigation. They therefore, make this a war and polluted sea.

In their own country, China, Xi Jinping and his government have destroyed the cultures of the Muslim in Xinjiang and the Tibetan in Tibet, Sichuan and Yunnan.The rebellions of the Muslims and the self-immolations of the Tibetan speak volume for the resentments, and hopelessness against the terrorized and destroyed policies which the Communist in China deliberately implements.
Facing these occurrences, what shall we think and do?

The Vietnamese Communist Party will definitely and solemnly roll out the red carpet to welcome Xi Jinping, and so do we, but with our own way (method). Exercising our rights as Vietnamese citizens, we have to raise our voices. The law and Constitution allow us to express our aspirations.

We call upon to all Vietnamese living domestically and internationally, to take part (to participate) in a public demonstration to voice our concerns in front of any Chinese Consulates and Embassies in Ha Noi, in Sai Gon, and in all other countries in the world.We cannot ignore or keep silent regard to this lie any longer.

Our message is: Xi Jinping and his Beijing Government Have to Stop At Once (immediately) the illegal and awful acts in terrorizing and killing our fishermen. Vietnamese sovereignty regards to Paracel and Spratly Islands have to be respected absolutely and completely. Xi Jinping and his Beijing Government Have to Respect and to Obey (to comply or to observe) The United Nations Convention on the Law of the Sea.

All our Vietnamese Citizens, it’s time to speak up. Do not back down or give in to any plots and acts that violate our Sacred National Sovereignty (which has been passed down for thousands of years.)

Time: Nov 5th 2015 at 9AM (in the morning)
Location:
- Ha Noi : The Embassy of Chinese, 46 Hoang Dieu St, Ba Dinh District.
- Sai Gon : The Consulate of Chinese, 175 Hai Ba Trung St. 3 District.

Organizations:
- Association to Protect Freedom of Religion
- Bloc Freedom and Democracy 8406
- Danlambao Unsanctioned Online News
- Dân Luận
- Dân Trí Việt
- Delegation of Vietnamese United Buddhists Church
- Former Vietnamese Prisoners of Conscience
- Freelance Journalists Club
- Gourd and Squash Mutual Support Association
- Khối Nhơn Sanh Đạo Cao Đài
- Nhóm Linh mục Nguyễn Kim Điền
- No-U SaiGon
- Oppressed Petitioners Solidarity Movement
- Organization Supporting Vietnamese Petitioners
- Pure Hoa Hao Buddhist Church
- Trung Tâm Nhân Quyền Việt Nam
- Vietnamese Bloggers Network
- Vietnam Human Rights Defenders
- Vietnam Path Movement
- Vietnamese Women for Human Rights

Mafia Definitive Edition (เฉพาะภาคแรก)
ซื้อได้ที่ https://store.epicgames.com/legendauser/mafia-definitive-edition

MAFIA: TRILOGY (รวมสามภาค)
ซื้อได้ที่ https://store.epicgames.com/legendauser/mafia-trilogy

Mafia: Definitive Edition is an action-adventure video game developed by Hangar 13 and published by 2K Games. A remake of the 2002 video game Mafia, it was announced in May 2020 and was released on September 25, 2020. The game is set within the fictional city of Lost Heaven (based on Chicago) in the 1930s, and follows the rise and fall of taxi driver-turned-mobster Tommy Angelo within the Salieri crime family. The game received favorable reviews from critics, with praise for revitalizing the story, performances, and graphics, although the dated action animations were criticized.

In 1930, during the ongoing Great Depression, impoverished taxi driver Thomas "Tommy" Angelo is strong-armed by two members of the Salieri family - Paulie Lombardo and Sam Trapani - into helping them escape an ambush by members of the Morello Family. While Tommy is compensated for his help, his actions lead him to losing his job when the Morello family target him in an act of revenge the following day. Seeking help from Don Ennio Salieri, Tommy agrees to be a part of his organisation, befriending Paulie and Sam, and becoming romantically involved with Sarah, the daughter of Salieri's bartender. The three men work together to contribute to Salieri's rackets, overseen by Salieri's consigliere Frank Colletti, including protection and bootlegging. In time, Tommy marries Sarah and begins a family with her, all the while working up in the ranks by impressing Salieri.

In 1933, Don Salieri becomes increasingly concerned when Don Marcu Morello begins putting pressure on him, ambushing their operations with bribed police officers and gaining the support of a corrupt prosecutor whose son has been killed by the Salieri family. Tommy finds himself forced to counter these attempts to prevent the organisation being financially weakened. When Salieri assigns him to eliminate an informant at a brothel, he is advised by Sam to spare them instead, allows them to escape in exchange for their silence, covering up his actions. When Frank disappears along with the organisation's account books, Tommy is instructed to locate both, and quickly learns that Morello planned to use the FBI to take down his rival. Convincing Frank to reveal where the books are, Tommy allows him to leave the country with his family, and covers up his actions once again.

In 1935, with prohibition ended and both Mafia families moving out into new rackets, Don Morello attempts to assassinate Salieri, whilst he and Tommy are dining at a restaurant. In retaliation, Salieri declares war and begins weakening Morello's position, damaging his rackets and reducing his influence on law enforcement. Eventually, Tommy works alongside Sam and Paulie to take down Morello, killing him by shooting down a plane he attempts to use to flee the city. By 1938, the Salieri family control the city's rackets, neutralizing anyone who attempts to stop them. Tommy, Sam and Paulie find themselves tasked with recovering a shipment of impounded cigars that had been smuggled into the city, informed that they hide a consignment of diamonds in them. Although the group manage to successfully recover the cargo, Tommy is shocked to discover that Salieri lied, and that the cigars concealed a consignment of drugs.

Disillusioned by the revelation, Tommy convinces Paulie to go ahead with a bank robbery that Sam had advised against. Although the pair manage to complete the job, Tommy finds Paulie murdered in his apartment the following day. When he goes for a meeting with Sam to discuss this, Tommy finds that his efforts to conceal his actions were uncovered by Salieri, and that Sam was ordered to execute him and Paulie for this and the bank job. Left with no choice, Tommy survives the attempt on his life and kills Sam upon learning that Frank and his family were murdered by Salieri's people. With his former allies against him, Tommy goes into hiding and contacts Detective Norman for help, providing his story of his actions. In exchange for testifying against the Salieri family, Tommy requests his help in protecting his family, which Norman agrees to out of respect for being a family man himself.

In 1951, Tommy and his family live under witness protection in Empire Bay, after Don Salieri and his organisation are arrested and tried for their crimes. A few days after his eldest daughter is married, in which he highlights how family is the most important value to a man, Tommy is visited by Vito Scaletta and Joe Barbaro, who murder him on behalf of Salieri, leaving him to die in his front yard. As his family surrounds him in shock, Tommy tells them all that they are now safe, before succumbing to his wounds.

Mafia Definitive Edition (เฉพาะภาคแรก)
ซื้อได้ที่ https://store.epicgames.com/legendauser/mafia-definitive-edition

MAFIA: TRILOGY (รวมสามภาค)
ซื้อได้ที่ https://store.epicgames.com/legendauser/mafia-trilogy

Mafia: Definitive Edition is an action-adventure video game developed by Hangar 13 and published by 2K Games. A remake of the 2002 video game Mafia, it was announced in May 2020 and was released on September 25, 2020. The game is set within the fictional city of Lost Heaven (based on Chicago) in the 1930s, and follows the rise and fall of taxi driver-turned-mobster Tommy Angelo within the Salieri crime family. The game received favorable reviews from critics, with praise for revitalizing the story, performances, and graphics, although the dated action animations were criticized.

In 1930, during the ongoing Great Depression, impoverished taxi driver Thomas "Tommy" Angelo is strong-armed by two members of the Salieri family - Paulie Lombardo and Sam Trapani - into helping them escape an ambush by members of the Morello Family. While Tommy is compensated for his help, his actions lead him to losing his job when the Morello family target him in an act of revenge the following day. Seeking help from Don Ennio Salieri, Tommy agrees to be a part of his organisation, befriending Paulie and Sam, and becoming romantically involved with Sarah, the daughter of Salieri's bartender. The three men work together to contribute to Salieri's rackets, overseen by Salieri's consigliere Frank Colletti, including protection and bootlegging. In time, Tommy marries Sarah and begins a family with her, all the while working up in the ranks by impressing Salieri.

In 1933, Don Salieri becomes increasingly concerned when Don Marcu Morello begins putting pressure on him, ambushing their operations with bribed police officers and gaining the support of a corrupt prosecutor whose son has been killed by the Salieri family. Tommy finds himself forced to counter these attempts to prevent the organisation being financially weakened. When Salieri assigns him to eliminate an informant at a brothel, he is advised by Sam to spare them instead, allows them to escape in exchange for their silence, covering up his actions. When Frank disappears along with the organisation's account books, Tommy is instructed to locate both, and quickly learns that Morello planned to use the FBI to take down his rival. Convincing Frank to reveal where the books are, Tommy allows him to leave the country with his family, and covers up his actions once again.

In 1935, with prohibition ended and both Mafia families moving out into new rackets, Don Morello attempts to assassinate Salieri, whilst he and Tommy are dining at a restaurant. In retaliation, Salieri declares war and begins weakening Morello's position, damaging his rackets and reducing his influence on law enforcement. Eventually, Tommy works alongside Sam and Paulie to take down Morello, killing him by shooting down a plane he attempts to use to flee the city. By 1938, the Salieri family control the city's rackets, neutralizing anyone who attempts to stop them. Tommy, Sam and Paulie find themselves tasked with recovering a shipment of impounded cigars that had been smuggled into the city, informed that they hide a consignment of diamonds in them. Although the group manage to successfully recover the cargo, Tommy is shocked to discover that Salieri lied, and that the cigars concealed a consignment of drugs.

Disillusioned by the revelation, Tommy convinces Paulie to go ahead with a bank robbery that Sam had advised against. Although the pair manage to complete the job, Tommy finds Paulie murdered in his apartment the following day. When he goes for a meeting with Sam to discuss this, Tommy finds that his efforts to conceal his actions were uncovered by Salieri, and that Sam was ordered to execute him and Paulie for this and the bank job. Left with no choice, Tommy survives the attempt on his life and kills Sam upon learning that Frank and his family were murdered by Salieri's people. With his former allies against him, Tommy goes into hiding and contacts Detective Norman for help, providing his story of his actions. In exchange for testifying against the Salieri family, Tommy requests his help in protecting his family, which Norman agrees to out of respect for being a family man himself.

In 1951, Tommy and his family live under witness protection in Empire Bay, after Don Salieri and his organisation are arrested and tried for their crimes. A few days after his eldest daughter is married, in which he highlights how family is the most important value to a man, Tommy is visited by Vito Scaletta and Joe Barbaro, who murder him on behalf of Salieri, leaving him to die in his front yard. As his family surrounds him in shock, Tommy tells them all that they are now safe, before succumbing to his wounds.

Mafia Definitive Edition (เฉพาะภาคแรก)
ซื้อได้ที่ https://store.epicgames.com/legendauser/mafia-definitive-edition

MAFIA: TRILOGY (รวมสามภาค)
ซื้อได้ที่ https://store.epicgames.com/legendauser/mafia-trilogy

Mafia: Definitive Edition is an action-adventure video game developed by Hangar 13 and published by 2K Games. A remake of the 2002 video game Mafia, it was announced in May 2020 and was released on September 25, 2020. The game is set within the fictional city of Lost Heaven (based on Chicago) in the 1930s, and follows the rise and fall of taxi driver-turned-mobster Tommy Angelo within the Salieri crime family. The game received favorable reviews from critics, with praise for revitalizing the story, performances, and graphics, although the dated action animations were criticized.

In 1930, during the ongoing Great Depression, impoverished taxi driver Thomas "Tommy" Angelo is strong-armed by two members of the Salieri family - Paulie Lombardo and Sam Trapani - into helping them escape an ambush by members of the Morello Family. While Tommy is compensated for his help, his actions lead him to losing his job when the Morello family target him in an act of revenge the following day. Seeking help from Don Ennio Salieri, Tommy agrees to be a part of his organisation, befriending Paulie and Sam, and becoming romantically involved with Sarah, the daughter of Salieri's bartender. The three men work together to contribute to Salieri's rackets, overseen by Salieri's consigliere Frank Colletti, including protection and bootlegging. In time, Tommy marries Sarah and begins a family with her, all the while working up in the ranks by impressing Salieri.

In 1933, Don Salieri becomes increasingly concerned when Don Marcu Morello begins putting pressure on him, ambushing their operations with bribed police officers and gaining the support of a corrupt prosecutor whose son has been killed by the Salieri family. Tommy finds himself forced to counter these attempts to prevent the organisation being financially weakened. When Salieri assigns him to eliminate an informant at a brothel, he is advised by Sam to spare them instead, allows them to escape in exchange for their silence, covering up his actions. When Frank disappears along with the organisation's account books, Tommy is instructed to locate both, and quickly learns that Morello planned to use the FBI to take down his rival. Convincing Frank to reveal where the books are, Tommy allows him to leave the country with his family, and covers up his actions once again.

In 1935, with prohibition ended and both Mafia families moving out into new rackets, Don Morello attempts to assassinate Salieri, whilst he and Tommy are dining at a restaurant. In retaliation, Salieri declares war and begins weakening Morello's position, damaging his rackets and reducing his influence on law enforcement. Eventually, Tommy works alongside Sam and Paulie to take down Morello, killing him by shooting down a plane he attempts to use to flee the city. By 1938, the Salieri family control the city's rackets, neutralizing anyone who attempts to stop them. Tommy, Sam and Paulie find themselves tasked with recovering a shipment of impounded cigars that had been smuggled into the city, informed that they hide a consignment of diamonds in them. Although the group manage to successfully recover the cargo, Tommy is shocked to discover that Salieri lied, and that the cigars concealed a consignment of drugs.

Disillusioned by the revelation, Tommy convinces Paulie to go ahead with a bank robbery that Sam had advised against. Although the pair manage to complete the job, Tommy finds Paulie murdered in his apartment the following day. When he goes for a meeting with Sam to discuss this, Tommy finds that his efforts to conceal his actions were uncovered by Salieri, and that Sam was ordered to execute him and Paulie for this and the bank job. Left with no choice, Tommy survives the attempt on his life and kills Sam upon learning that Frank and his family were murdered by Salieri's people. With his former allies against him, Tommy goes into hiding and contacts Detective Norman for help, providing his story of his actions. In exchange for testifying against the Salieri family, Tommy requests his help in protecting his family, which Norman agrees to out of respect for being a family man himself.

In 1951, Tommy and his family live under witness protection in Empire Bay, after Don Salieri and his organisation are arrested and tried for their crimes. A few days after his eldest daughter is married, in which he highlights how family is the most important value to a man, Tommy is visited by Vito Scaletta and Joe Barbaro, who murder him on behalf of Salieri, leaving him to die in his front yard. As his family surrounds him in shock, Tommy tells them all that they are now safe, before succumbing to his wounds.