Vietnam: Under legal regulations, may persons insulting people's assessors at hearings be prosecuted for criminal liability?
Do individuals, agencies, and organizations have to respect the people’s courts in Vietnam?
Under the provisions of Article 16 of the Law on Organization of People's Courts 2014 on the guarantee of effective and efficient operation of people’s courts:
Guarantee of effective and efficient operation of people’s courts
1. Individuals, agencies and organizations shall respect courts.
2. Any act in contempt or obstructing operation of people’s courts is strictly prohibited. Persons who commit such an act shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or prosecuted for criminal liability in accordance with law.
3. When performing their duties and exercising their powers, judges and assessors may contact state agencies, the Central Committee and member organizations of the Vietnam Fatherland Front, other social organizations and citizens. Within the ambit of their functions, duties and powers, agencies, organizations and citizens shall fulfill requests of and create conditions for judges and assessors to perform their duties.
Thus, all individuals, agencies, and organizations must respect the people’s courts. Any act in contempt or obstructing the operation of people’s courts is strictly prohibited.
Persons who commit such an act shall be disciplined, administratively sanctioned, or prosecuted for criminal liability under law depending on the nature and severity of their violations.
What is the fine imposed on persons who insult people’s assessors at hearings in Vietnam?
Under the provisions of Article 21 of Ordinance 02/2022/UBTVQH15 on penalties imposed for insulting and infringing upon the sanctity and prestige of the people’s courts; insulting the honor, dignity, prestige, harming the health of competent persons or other persons performing their duties at the request of the people’s courts:
Insulting and infringing upon the sanctity and prestige of the people’s courts; insulting the honor, dignity, and prestige, harming the health of competent persons or other persons performing their duties at the request of the people’s courts
1. A fine ranging from VND 3,000,000 to VND 7,000,000 shall be imposed for one of the following acts, except for the case specified in Clause 3 of this Article:
a) Insulting or infringing upon the sanctity and prestige of the people’s courts;
b) Insulting the honor, dignity, and prestige of competent persons or other persons performing their duties at the request of the people’s courts.
2. A fine ranging from VND 7,000,000 to VND 15,000,000 shall be imposed for acts of threatening, using force, or committing other acts of harming the health of competent persons or other persons performing duties at the request of the people’s courts, except for the case specified in Clause 4 of this Article.
3. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed on lawyers who commit violations specified in Clause 1 of this Article.
In case the lawyer's violation is subject to suspension of the lawyer practicing certificate or lawyer practicing license in Vietnam for a definite period according to the provisions of the Law on Handling of Administrative Violations, the penalty shall be imposed in accordance with the provisions of the law on imposition of penalties for administrative violations in the judicial assistance sector.
4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on lawyers who commit the acts specified in Clause 2 of this Article.
5. Additional penalties:
Confiscation of exhibits and means of administrative violations for the violations specified in Clauses 1, 2, 3, and 4 of this Article.
Thus, persons insulting the honor, dignity, and prestige of competent persons or persons performing duties at the request of people’s courts will be fined from VND 3,000,000 to VND 7,000,000.
Under the provisions of Article 84 of the Law on Organization of People's Courts 2014 on the duties and powers of assessors:
Duties and powers of assessors
1. Assessors of people’s courts include:
a/ People’s assessors;
b/ Army men’s assessors.
2. People’s assessors shall perform the duty of adjudicating cases under the jurisdiction of people’s courts as assigned by judges of courts of localities where they are elected.
3. Army men’s assessors shall perform the duty of adjudicating cases under the jurisdiction of military courts as assigned by judges of courts of localities where they are nominated.
4. Assessors shall perform duties assigned by chief justices of courts. If failing to do so, they shall clearly state the reason for failure.
5. An assessor who has not been assigned by the chief justice of his/her court to perform the adjudicating duty for one working year may request the latter to notify the reason.
Under the above regulations, the people's assessors shall adjudicate cases under the jurisdiction of people’s courts as assigned by judges of courts of localities where they are elected.
Thus, persons insulting the honor, dignity, and prestige of people's assessors will be fined from VND 3,000,000 to VND 7,000,000.
May persons insulting people's assessors at hearings in Vietnam be prosecuted for criminal liability?
Under the provisions of Article 391 of the Criminal Code 2015 (amended by Clause 139, Article 1 of the Law on amendments to Criminal Code 2017) on the disruption in hearing or meeting:
Disruption in hearing 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, if there are sufficient factors to prosecute criminal liability, any person seriously insulting the honor and dignity of people's assessors at hearings may be prosecuted for criminal liability for disruption in hearing or meeting with a maximum penalty of 03 years’ imprisonment depending on the severity of the violation.
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