What is irresponsibility causing serious damage in Viet Nam? Negligence causing serious damage can be punished by how many years?
How is irresponsibility causing serious consequences in Vietnam?
Lack of responsibility, causing serious consequences in Vietnam, is an act performed by a person with a position and authority. Accordingly, these people fail to perform or improperly perform their assigned tasks, causing serious consequences. Serious consequences here can be loss of life, health or property of others.
Irresponsible behavior causing serious consequences in Vietnam affecting the proper operation of agencies and organizations, may cause agencies and organizations to lose credibility, lose trust, cause losses, seriously wasting the assets of agencies and organizations.
Lack of responsibility causing serious consequences in Vietnam is a crime that constitutes a material crime as follows:
Objective behavior: is the act of not performing or performing improperly assigned tasks.
Failure to perform assigned tasks is a case where a person with a position and authority fails to do what is determined to be a task within the scope of his/her responsibilities as prescribed by law or in the working charter.
Improper performance of assigned tasks is a case where a person with a position or authority performs incorrectly or inadequately or in time his responsibilities and powers.
The consequences of crime are serious consequences.
The act constitutes this crime when it causes one of the consequences specified in Article 360 of the Penal Code 2015 (amended by Clause 128, Article 1 of the Law amending the Penal Code 2017).
The causal relationship between irresponsible behavior and serious consequences mentioned above is a mandatory sign in the composition of this crime.
Persons with positions and powers are only considered to be guilty of irresponsible crimes, causing serious consequences in Vietnam when they have the actual ability to complete their assigned tasks, including their own working capacity and conditions. other objective case.
- The subject of this crime is a special subject, which must be a person with a position and authority.
- Subjective side: the offender's fault is an unintentional error, which can be an unintentional error due to negligence or an unintentional error due to overconfidence.
Note: This criminal act does not fall under the cases of irresponsibility causing serious consequences in Vietnam specified in Articles 179, 308 and 376 of the Penal Code 2015.
What is irresponsibility causing serious damage in Viet Nam? Negligence causing serious damage can be punished by how many years? (Pictures from the internet)
How many years in prison can the crime of irresponsibility cause serious damage?
Pursuant to Article 360 of the 2015 Penal Code (amended by Clause 128, Article 1 of the 2017 Penal Code Amendment), the prison sentence for irresponsible acts causing serious damage is as follows:
- Those who hold positions and powers because of lack of responsibility but fail to perform or improperly perform their assigned tasks in one of the following cases, if not in the cases specified in Articles 179, 308 and 376 of this Code, shall be sentenced to non-custodial reform for up to 03 years or a prison term of between 06 months and 05 years:
+ Causing death;
+ Inflicting injury or causing harm to the health of others with an injury rate of 61% or higher;
+ Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons from 61% to 121%;
+ Causing property damage from 100,000,000 VND to under 500,000,000 VND.
- Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and seven years of imprisonment:
+ Killing 02 people;
b) Inflicting injury or causing harm to the health of 02 or more people with a total injury rate of between 122% and 200%;
+ Causing property damage from VND 500,000,000 to under VND 1,500,000,000.
- Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 12 years of imprisonment:
+ Causing death of 03 people or more;
+ Inflicting injury or causing harm to the health of 03 or more people with a total injury rate of 201% or more of these persons;
+ Causing property damage of VND 1,500,000,000 or more.
The offenders are also banned from holding certain posts, practicing certain professions or doing certain jobs for between 01 and 05 years.
Accordingly, those who hold positions and powers but lack responsibility, causing serious consequences in Vietnam, may be fined for up to 12 years and banned from holding certain posts, practicing certain professions or doing certain jobs for up to 5 years.
Will irresponsible acts causing serious damage be administratively sanctioned?
For irresponsible acts that cause serious consequences, they are now regulated for criminal prosecution because of their very dangerous nature.
However, if irresponsibility causes lighter consequences in some cases, the administrative sanctions will be as follows:
Pursuant to Articles 12 and 15 of Decree 144/2021/ND-CP stipulates as follows:
Violations against regulations on management of business lines subject to security and order conditions
- A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
+ Lack of responsibility for acts of infringing upon security and order, violations of law, acts contrary to morality, fine customs and traditions of the nation at business establishments directly managed.
Violations against regulations on causing damage to property of other organizations and individuals
- A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following acts:
+ Lack of responsibility causing damage to property of the State, agencies, organizations and enterprises.
Therefore, for irresponsible acts that only cause less serious consequences and damage, depending on the case, they will be administratively sanctioned as above.
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