What is the penalty for taking revenge on the denouncer in Vietnam? What should the denouncers do in case of fear of revenge?
What should the denouncers do in case of fear of revenge?
Article 9 of the 2018 Law on Denunciation of Vietnam provides for the rights and obligations of denouncers as follows:
Rights and obligations of denouncers
1. A denouncer has the rights to:
a) exercise his/her denunciation right as prescribed by this Law;
b) have his/her name, address, autograph and other personal information kept confidential;
c) be informed of the acceptance of or failure to accept a denunciation, transfer of his/her denunciation to a competent authority or individual, extension of the time limit for settling the denunciation, termination or suspension of the process of settling the denunciation, continuation in settling the denunciation, and making of conclusions.
d) keep making further denunciation if there are grounds to believe that a competent organization or individual settles the denunciation against the law or a denunciation is yet to be settled within the prescribed limit;
dd) withdraw his/her denunciation;
e) request a competent organization or individual to adopt measures for protecting the denouncer;
g) be provided with rewards or compensation for any damage he/she incurs as prescribed by law.
2. A denouncer has the obligations to:
a) provide personal information prescribed in Article 23 of this Law;
b) honestly present his/her denunciation; provide his/her information and documents concerning the denunciation.
c) take legal responsibility for the denunciation;
d) cooperate with the denunciation handler upon request;
dd) pay compensation for his/her deliberate issuance of untruthful denunciation.
Thus, when making a denunciation, your name, address, autographs and personal information will be kept confidential. If they are afraid of revenge, the denouncer may request the competent agency, organization or individual to apply measures for protecting.
What is the penalty for taking revenge on the denouncer in Vietnam? What should the denouncers do in case of fear of revenge? (Image from the Internet)
What is the penalty for taking revenge on the denouncer in Vietnam?
Article 166 of the 2015 Criminal Code of Vietnam has the following provisions on the crime of infringement of the right to complain or denounce:
Infringement of the right to complain or denounce
1. A person who commits any of the following acts shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) Use of violence, threat to use violence or other tricks to obstruct the process of complaining or denunciation, the consideration and settlement of complaints and denunciation or the taking of actions against the person complained or denounced against;
b) Abuse of position or power in obstructing the decision of an authority competent to consider and settle complaints and denunciations which results in damage incurred by the complainer or denouncer.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) Revenge is taken on the complainer or denouncer;
c) The act specified in Point a Clause 1 of this Article involves the abuse of the offender's position or power;
d) The offence results in a demonstration;
dd) The offence results in the suicide of the complainer or denouncer.
3. The offender might be forbidden from holding certain positions for 01 - 05 years.
Thus, the person who takes revenge on the denouncer may be sentenced to between 2 and 7 years of imprisonment, in addition, the offender may also be forbidden from holding certain positions for 01 - 05 years.
What are the prohibited acts in denunciation and denunciation handling?
There are 13 prohibited acts in denunciation and denunciation settlement according to the provisions of Article 8 of the 2018 Law on Denunciation of Vietnam specifically:
Prohibited acts
1. Obstructing and harassing the denouncer.
2. Settling denunciations in a negligently and unfair manner.
3. Disclosing the denouncer’s name, address and autograph or other information which may reveal his/her identity.
4. Losing or falsifying case files during the process of settling denunciations.
5. Failing to settle denunciations or deliberately settling denunciations against the law; abusing positions or power to settle denunciations to commit illegal acts or harass denouncing parties and denounced parties.
6. Failure to assume or fully assume the responsibility to protect the denouncer.
7. Illegally interfering with or obstructing denunciation settlement.
8. Threatening, bribing, taking revenge on, victimizing or insulting the denouncer.
9. Protecting the denounced party.
10. Deliberately making untruthful denunciations; forcing, persuading, inciting, counseling and bribing another to make untruthful denunciations; using another person’s name to make denunciations.
11. Bribing, threatening, taking revenge on or insulting denunciation handlers.
12. Misusing the denunciation right to oppose or infringe upon the interests of the State; disturbing security and public order; distorting, slandering or harming another person's honor, reputation and dignity.
13. Providing false information on denunciation and settlement of denunciations.
Thus, the prohibited acts in making denunciations include the acts specified above.
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