14/07/2022 09:26

05 judgments on negligence that results in serious consequencesin Vietnam

05 judgments on negligence that results in serious consequencesin Vietnam

The crime of negligence, which causes serious consequences, is shown by acts of infringing upon the proper operation of agencies or organizations by persons with positions of authority while performing their official duties or tasks. This is a crime in the group of crimes related to position specified in Article 360 of the Criminal Code 2015 of Vietnam, amended and supplemented in 2017, so it is of great interest to the people as well as the public.

Signs constituting the crime of Negligence that results in serious consequences in Vietnam as prescribed in Article 360 of the Criminal Code 2015, amended and supplemented in 2017 include:

- Subject: any person who is full 16 years old or older, has criminal responsibility capacity, and has positions and powers who is a person with a position and authority by appointment, election, contract or other forms, is paid or unpaid, assigned to perform a certain task and have certain powers while performing their duties or tasks.

- Objects: criminals infringing on the proper operation of agencies and organizations.

- The subjective side: the crime is committed with an unintentional error, which can be unintentional due to negligence or unintentionally because of overconfidence. The offender may be aware of the socially dangerous nature of his act, and foresee the dangerous social consequences of that act, but assume that the dangerous consequences do not occur or can be prevented or not foresee the consequences, but the person must foresee and be able to foresee such dangerous consequences.

- The objective side: reflected in the objective behavior of being irresponsible without performing or improperly performing the assigned tasks; the above acts must cause serious consequences such as damage to the lives, health and properties of other people with the levels specified in Article 360 ​​of the Criminal Code 2015 of Vietnam.

Here are 05 sentences for the crime of Negligence causing serious consequences:

1. Judgment 77/2019/HS-ST dated December 6, 2019 for the crime of negligence causing serious consequences

+ Level of trial: First instance

+ Judicial body: People's Court of Dak Lak province

+ Summary: Defendant H is the head of the unit that approves the settlement of credit loans for enterprise N by 6 contracts; however, defendant H and defendants L and K have not fully performed their assigned responsibilities and duties when approving a loan to Enterprise N. On the other hand, when appraising 08 contracts signed between DN N and O VN Co., Ltd., he did not check the legitimacy of the loan application and did not re-check the appraisal content, therefore, it was not detected that Enterprise N had very low financial ratios, suffered a loss in business, used borrowed funds for wrong purposes, made false payment slips, and purchased coffee from households to appropriate loans.

2. Judgment 170/2021/HS-PT dated April 14, 2021 on the crime of negligence causing serious consequences.

+ Judgment level: Appellate

+ Judicial body: High People's Court in Da Nang

+ Summary: Defendant Nguyen Van C is an enforcer assigned to execute the judgment enforcement decision according to the application for compensation under the judgment 08/2014/DSPT dated September 29, 2014 of the People's Court of Binh Dinh province. When performing his duties, defendant C failed to fully investigate and verify the judgment enforcement assets, and distraint assets attached to the land, which are factories and warehouses but did not open the door to lock the warehouse to identify the assets in the warehouse. After the distraint was slow to notify Private Enterprise P, causing property damage to Private Enterprise P and Private Enterprise H.

3. Judgment 55/2020/HS-PT dated June 22, 2020 on the crime of negligence causing serious consequences

+ Judgment level: Appellate

+ Judicial body: People's Court of Khanh Hoa province

+ Summary: Defendant Lam Dien Ph, working in commune cadastral work, was irresponsible in checking and verifying the origin and land use process for the documents for granting land use right certificates to Mr. and Mrs. Truong B, Nguyen Thi N; Vo A1, Huynh Thi H; Nguyen Thi R; Bui Thanh T, Nguyen Thi T; Ngo Minh C, Ho Thi C; Ngo Quoc A, Ho Thi L; Ho Van S, Nguyen Thi N; Nguyen Dinh A, Nguyen Thi Trang N caused damage of 406,324,000 VND; Defendant Bui Thanh P, in addition to being irresponsibility in directing Vo Dong Ph in inspecting and verifying the origin and land use process for the application for land use right certificates for Mr. Vo Dinh H and Ms. Nguyen Thi T, causing damage to Mr. damage VND 17,749,200.

4. Judgment 35/2020/HSST dated September 30, 2020 on the crime of negligence causing serious consequences

+ Level of trial: First instance

+ Judicial body: People's Court of Quang Ninh district, Quang Binh province

+ Summary: From January 2019 to early March 2019, with the position of Station Chief, Hoang Van T was assigned the task of assigning, urging, monitoring, managing, and protecting forests but did not control timely investigation, detection, failure to report truthfully, failure to properly perform their functions and duties for illegal exploitation by Duong Trong H, Nguyen Duc C, Ho Van V, Ho Van H, and Ho Van T 10 ( ten) Group IIA Lim tree with a volume of 22,899m³ at plot 7 of sub-zone 329 in the area of ​​the Management Station, causing damage amounting to VND 354,934,500

5. Judgment 12/2021/HSST dated June 15, 2021 on the crime of negligence causing serious consequences

+ Level of trial: First instance

+ Judicial body: People's Court of KBang district, Gia Lai province

+ Summary: Le Huu D is responsible for the management and protection of forests under the management of Le Ku Company. During his work, D patrolled and inspected the forest in the sub-zones under his management infrequently, only checking along the trail without going deep inside the sub-zones, so illegal logging is not detected; When encountering forest thieves, illegal logging is not drastically handled. The defendant's irresponsibility created conditions for groups of loggers to illegally exploit the nests, resulting in damage to forest products of 127,438 m3 of logs, which was VND 804,845,800 in cash, and the value of environmental damage is VND 3,139,741,200, the total damage is VND 3,944,587,000.

Xuan Hien

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