Reputation, honor, and dignity can be considered intangible assets of a person. For this reason, the 2013 Constitution stipulates that everyone has the inviolable right to honor and dignity. Any person who infringes upon this right shall be subject to criminal liability and compensation to the victim.
According to international information, in Somerset, a woman named Dina Matiass hired a housekeeper to have an affair with her husband in order to fabricate evidence of her husband's infidelity for a divorce. This act is considered to be a slanderous behavior.
Slander is a verb used to describe actions such as fabricating or spreading malicious, untrue rumors about someone regarding disciplinary violations, ethical breaches, legal violations, etc. This behavior can be carried out through various forms such as word of mouth, writing articles, sending petitions, denunciation letters, anonymous letters, etc.
Slanderous behavior can seriously affect the prestige, honor, and dignity of the person being slandered; and cause damage to their legal rights and interests.
According to Vietnamese law, a person who commits the crime of slander is handled according to the provisions of Article 122 Criminal Code 1999. Specifically:
Anyone who fabricates or spreads information known to be fabricated with the intention of damaging the honor or causing harm to the legal rights and interests of another person, or fabricates that another person has committed a crime and denounces them to a competent authority, shall be subject to a warning, non-custodial reeducation for up to two years, or imprisonment from three months to two years.
Committing the crime under one of the following circumstances shall be subject to imprisonment from one to seven years:
- Organized group;- Abuse of position, power;- Against multiple persons;- Against grandparents, parents, teachers, caregivers, guardians, educators, medical providers;- Against persons performing official duties;- Slandering others as committing very serious or especially serious crimes.
The offender may also be subject to a fine ranging from one million VND to ten million VND, prohibited from holding certain positions, practicing certain professions, or performing certain jobs for one to five years.
The offender must also compensate for reasonable expenses to mitigate and remedy the damage; compensate for actual income lost or reduced by the slandered person. In addition, they must pay compensation according to the agreement of the two parties to cover the spiritual damages suffered by the victim. If no agreement is reached, the maximum amount shall not exceed ten months' minimum wage as prescribed by the State (based on Article 611 Civil Code 2005).
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