Defendant's Act of Insulting the Honor and Dignity of a Judge - What are the Administrative Penalties?
Who is the Defendant?
According to Article 55 of the Criminal Procedure Code 2015 stipulating participants in legal proceedings as follows:
Participants in Legal Proceedings
1. Complainants, those reporting crimes, and those recommending prosecution.
2. Those accused of committing crimes, and those recommended for prosecution.
3. Persons detained in urgent cases.
4. Persons arrested.
5. Persons held in custody.
6. Suspects.
7. Defendants.
8. Victims.
9. Civil plaintiffs.
10. Civil defendants.
11. Persons with related rights and obligations in the case.
12. Witnesses.
13. Observers.
14. Appraisers.
15. Persons assessing property.
16. Interpreters and translators.
17. Defense lawyers.
18. Persons protecting the legitimate rights and interests of victims, litigants.
19. Persons protecting the legitimate rights and interests of those accused of crimes, those recommended for prosecution.
20. Legal representatives of criminal legal entities, other representatives as prescribed by this Code.
Simultaneously, according to Clause 1, Article 61 of the Criminal Procedure Code 2015 stipulating defendants as follows:
Defendants
1. A defendant is a person or legal entity that the Court has decided to put on trial. The rights and obligations of the defendant as a legal entity are exercised through the legal representative of the legal entity as prescribed by this Code.
Thus, according to the regulations, a defendant is a participant in legal proceedings and is a person or legal entity that the Court has decided to put on trial. The rights and obligations of the defendant as a legal entity are exercised through the legal representative of the legal entity as prescribed by this Code.
If a defendant insults the dignity and honor of a Judge, what is the administrative penalty? (Image from the Internet)
How much is the Administrative Penalty for a Defendant Insulting the Dignity of a Judge?
According to Article 15 of Ordinance 02/2022/UBTVQH15 regulating acts of insulting the dignity, honor, reputation, and health of persons authorized to conduct legal proceedings as follows:
Acts of Insulting the Dignity, Honor, Reputation, and Health of Persons Authorized to Conduct Legal Proceedings
1. A fine of 3,000,000 VND to 7,000,000 VND for participants in legal proceedings who insult the dignity, honor, or reputation of persons authorized to conduct legal proceedings, except in cases specified in Clause 3 of this Article.
2. A fine of 7,000,000 VND to 15,000,000 VND for participants in legal proceedings who threaten, use force, or otherwise harm the health of persons authorized to conduct legal proceedings, except in cases specified in Clause 4 of this Article.
3. A fine of 15,000,000 VND to 30,000,000 VND for lawyers committing acts specified in Clause 1 of this Article.
In case the lawyer's violation necessitates revoking the lawyer's practicing certificate or law firm establishment license in Vietnam for a definite period according to the Law on Handling Administrative Violations, the penalty is imposed according to the regulations on handling administrative violations in the judicial assistance field.
4. A fine of 30,000,000 VND to 40,000,000 VND for lawyers committing acts specified in Clause 2 of this Article.
5. Additional penalties:
Confiscation of materials and means used in administrative violations for acts specified in Clauses 1, 2, 3, and 4 of this Article.
Thus, if a defendant insults the dignity, honor, or reputation of a person authorized to conduct legal proceedings, except in cases specified in Clause 3 of this Article, they are subjected to an administrative penalty of 3,000,000 VND to 7,000,000 VND. Additionally, the violator's materials and means used in the administrative violation will be confiscated.
Can a Defendant Insulting a Judge be Criminally Prosecuted?
According to Article 391 of the Criminal Code 2015 (amended by Clause 139, Article 1 of the Law amending the Criminal Code 2017), stipulating the crime of causing disorder during courtroom or court meetings as follows:
Crime of Causing Disorder during Courtroom or Court Meetings
1. Anyone who, during a courtroom session or court meeting, blatantly insults or severely affronts the dignity and honor of Judges, Jury members, other persons authorized to conduct legal proceedings, or participants in the courtroom or court meeting, or damages property, if it does not fall under the cases specified in Article 178 of this Code, shall be fined from 10,000,000 VND to 100,000,000 VND, sentenced to non-custodial reform for up to 3 years, or sentenced to imprisonment from 6 months to 2 years.
2. If the crime falls into one of the following cases, the offender shall be sentenced to imprisonment from 1 year to 3 years:
a) Leading to the suspension of the courtroom session or court meeting;
b) Assaulting Judges, Jury members, or other persons authorized to conduct legal proceedings, if it does not fall under the cases specified in Article 134 of this Code.
Thus, according to the regulations, anyone who, during a courtroom session or court meeting, blatantly insults or severely affronts the dignity and honor of Judges, Jury members, other persons authorized to conduct legal proceedings, or participants in the courtroom or court meeting, or damages property, if it does not fall under the cases specified in Article 178 of this Code, shall be fined from 10,000,000 VND to 100,000,000 VND, sentenced to non-custodial reform for up to 3 years, or sentenced to imprisonment from 6 months to 2 years. Therefore, the defendant can be criminally prosecuted.
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