What are the administrative penalties imposed on a defendant insulting the dignity of a Judge in Vietnam?
In Vietnam, 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. Denouncers, informants and individuals proposing charges.
2. Persons denunciated or facing requisitions for charges.
3. Persons held in emergency custody.
4. Arrestees.
5. Temporary detainees.
6. Suspects.
7. Defendants.
8. Crime victims.
9. Civil plaintiffs.
10. Civil defendants.
11. Individuals bearing duties and interests from the lawsuits.
12. Witness testifiers.
13. Witnesses.
14. Expert witnesses.
15. Valuators.
16. Interpreters and translators.
17. Defense counsels.
18. Protectors of legitimate rights and benefits of crime victims and litigants.
19. Protectors of lawful rights and benefits of persons denunciated or facing requisitions for charges.
20. Legal representatives of juridical persons committing crime and other delegates as per this Law.
Simultaneously, according to Clause 1, Article 61 of the Criminal Procedure Code 2015 on defendants:
Defendants
1. Defendants are physical persons or juridical persons tried as per a Court’s decision. The rights and duties of defendants as suspects are executed by their legal representatives according to this Law.
Thus, according to the regulations, a defendant is a participant in legal proceedings and is a physical person or juridical person tried as per a Court’s decision. The rights and duties of defendants as suspects are executed by their legal representatives according to this Code.
How much is the administrative fine imposed on a defendant insulting the dignity of a Judge in Vietnam?
According to Article 15 of Ordinance 02/2022/UBTVQH15 on insulting the dignity, honor, reputation, and health of persons authorized to conduct legal proceedings in Vietnam:
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 shall be imposed on 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 shall be imposed on 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 shall be imposed on 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 shall be imposed on lawyers committing acts specified in Clause 2 of this Article.
5. Additional penalties:
Confiscation of materials and exhibits used in administrative violations for acts specified in Clauses 1, 2, 3, and 4 of this Article.
Thus, a defendant who insults the dignity, honor, or reputation of a person authorized to conduct legal proceedings, except in cases specified in Clause 3 of this Article may face an administrative fine of 3,000,000 VND to 7,000,000 VND. Additionally, the violator's materials and exhibits used in the administrative violation will be confiscated.
May a defendant insulting the dignity of a Judge in Vietnam be criminally prosecuted?
According to Article 391 of the Criminal Code 2015 (amended by Clause 139, Article 1 of the Law on Amendments to the Criminal Code 2017) on disruption in court or meeting:
Disruption in court or meeting
1. Any person who insults the judge, jury members, the proceedings officer or other people present at the court or meeting or deliberately damages property, except in the circumstances specified in Article 178 hereof, shall be liable to a fine of from VND 10,000,000 to VND 100,000,000, face a penalty of up to 03 years’ community sentence or 06 - 24 months' imprisonment.
2. This offence committed in any of the following circumstances shall carry a penalty of 01 - 03 years' imprisonment:
a) The court or meeting session or has to be suspended;
b) The judge, a jury member or proceedings officer is physically assaulted, except in the circumstances specified in Article 134 hereof.”.
Thus, according to the regulations, any person who insults the judge, jury members, the proceedings officer or other people present at the court or meeting or deliberately damages property, except in the circumstances specified in Article 178 hereof, shall be liable to a fine of from VND 10,000,000 to VND 100,000,000, face a penalty of up to 03 years’ community sentence or 06 - 24 months' imprisonment. Therefore, the defendant can be criminally prosecuted.
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