Vietnam: Persons who slander or insult the dignity of procurators participating in the proceedings shall be examined for penal liability?
- What crime shall persons who slander or insult the dignity of procurators participating in the proceedings be examined for penal liability for?
- Which group of crimes are insulting the dignity of prosecutors who are participating in the court classified into?
- If a person seriously insults the honor and dignity of the procurator who is participating in the court, how long is the time limit for criminal prosecution in Vietnam?
What crime shall persons who slander or insult the dignity of procurators participating in the proceedings be examined for penal liability for?
Pursuant to Article 391 of the 2015 Criminal Code of Vietnam (amended by Clause 139, Article 1 of the 2017 Law on Amendments to the Criminal Code of Vietnam) stipulating as follows:
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, persons who insult the dignity of the procurator at the court may be examined for penal liability under the crime of disruption in court.
Specifically, the person who insults the procurator 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.
In case the above acts lead to the suspension of the court or in case of assaulting the procurator, the offenders shall carry a penalty of 01 - 03 years' imprisonment.
Vietnam: Persons who slander or insult the dignity of procurators participating in the proceedings shall be examined for penal liability? (Image from the internet)
Which group of crimes are insulting the dignity of prosecutors who are participating in the court classified into?
Pursuant to Article 9 of the 2015 Criminal Code of Vietnam (amended by Clause 2, Article 1 of the 2017 Law on Amendments to the Criminal Code of Vietnam) stipulating as follows:
Classification of crimes
1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:
a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;
b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;
c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;
d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.
2. Crimes committed by corporate legal entities are classified by their nature and danger to society as prescribed in Clause 1 of this Article. The same are applied to the crimes specified in Article 76 hereof.
Seriously insulting the honor and dignity of the procurator participating in the court 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.
In case the above acts lead to the suspension of the court or in case of assaulting the procurator, the offenders shall carry a penalty of 01 - 03 years' imprisonment.
Thus, the crime of disruption in court is classified as a less serious crime.
If a person seriously insults the honor and dignity of the procurator who is participating in the court, how long is the time limit for criminal prosecution in Vietnam?
Pursuant to Article 27 of the 2015 Criminal Code of Vietnam stipulating as follows:
Time limit for criminal prosecution in Vietnam
1. The time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.
2. Time limits for criminal prosecution:
a) 05 years for less serious crimes;
b) 10 years for serious crimes;
c) 20 years for very serious crimes;
d) 20 years for extremely serious crimes.
3. The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out in Clause 2 of this Article, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.
During the time limit set out in Clause 2 of this Article, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.
Thus, if a person seriously slanders or insults the honor and dignity of the procurator who is participating in the court, the time limit for criminal prosecution is 05 years from the day on which the crime is committed.
LawNet
