Shall a person who negligently fails to perform or correctly perform his/her resulting in the death of a preschool child face a penalty of community sentence in Vietnam?

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• Shall a person who negligently fails to perform or correctly perform his/her resulting in the death of a preschool child face a penalty of community sentence in Vietnam?
• What factors may be considered aggravating factors if a person negligently fails to perform or correctly perform his/her resulting in the death of a preschool child?
• How long is the time limit for criminal prosecution of negligence that results in serious consequences in Vietnam?

Shall a person who negligently fails to perform or correctly perform his/her resulting in the death of a preschool child face a penalty of community sentence in Vietnam?

Pursuant to the provisions of Article 360 ​​of the Criminal Code 2015 (amended by Clause 128, Article 1 of the Law on amendments to the Criminal Code 2017):

Negligence that results in serious consequences

1. Any person who negligently fails to perform or correctly perform his/her in any of the following circumstances, except in the circumstances specified in Article 179, Article 308 and Article 376 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonment:

a) The offence results in the death of a person;

b) The offence causes ≥ 61% WPI for another person;

c) The offence causes a total WPI of 61% - 121% for more than one person.

d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence results in the death of 02 people;

b) The offence causes a total WPI of 122% - 200% for more than one person;

c) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The offence results in the death of ≥ 03 people;

b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;

c) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.

...

Thus, a person who negligently fails to perform or correctly perform his/her resulting in the death of a preschool child face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonment.

However, a person who negligently fails to perform or correctly perform his/her resulting in the death of a person shall not be imposed a community sentence in following cases:

(1) The offence results in the death of 02 people: a penalty of 03 - 07 years' imprisonment.

(2) The offence results in the death of ≥ 03 people: a penalty of 07 - 12 years' imprisonment.

Shall a person who negligently fails to perform or correctly perform his/her resulting in the death of a preschool child face a penalty of community sentence in Vietnam? (Image from the Internet)

What factors may be considered aggravating factors if a person negligently fails to perform or correctly perform his/her resulting in the death of a preschool child?

Pursuant to the provisions of point i Clause 1 Article 52 ​​of the Criminal Code 2015 (amended by point b Clause 2, Article 2 of the Law on amendments to the Criminal Code 2017):

Aggravating factors

1. The following circumstances are considered aggravating factors:

a) Organized crime;

b) The crime is committed in a professional manner;

c) The offender abuses his/her position or power to commit the crime;

d) The crime is of a gangster-like nature;

dd) The crime is committed by despicable motives;

e) The offender is determined to commit the crime to the end;

g) The offence has been committed more than once;

h) Recidivism or dangerous recidivism;

i) The crime is committed against a person under 16 years of age, pregnant woman or a person aged 70 years or older;

k) The crime is committed against a defenseless person, a person having a serious physical disability or extremely serious physical disability, a person whose awareness is limited or a person who is financially, spiritually, professionally or otherwise dependent on the offender;

l) The offender takes advantage of war, state of emergency, natural disaster, epidemic or other tragic circumstances of society to commit the crime;

m) The offender makes use of a sophisticated, deceitful or ruthless trick to commit the crime;

n) The offender uses a trick or instrument capable of harming many people to commit the crime;

o) The offender incites a person aged under 18 to commit the crime;

p) The offender has deceitful or violent actions to conceal the crime.

2. Circumstances defined by this document as the basis for determination of a crime or sentence bracket shall not be considered an aggravating factor.

Thus, if a person who negligently fails to perform or correctly perform his/her resulting in the death of a preschool child, it shall be considered a aggravating factor.

The consideration of specific circumstances as aggravating or mitigating factors for the offender will be determined by the Court.

Note: Circumstances defined by this document as the basis for determination of a crime or sentence bracket shall not be considered an aggravating factor

How long is the time limit for criminal prosecution of negligence that results in serious consequences in Vietnam?

Pursuant to the provisions of point a Clause 1 Article 9 ​​of the Criminal Code 2015 (amended by Clause 2, Article 1 of the Law on amendments to the Criminal Code 2017):

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;

...

Pursuant to Point a, Clause 2, Article 27 of the Criminal Code 2015 as follows:

Time limit for criminal prosecution

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.

...

Thus, the time limit for criminal prosecution of negligence that results in serious consequences is 05 years.