According to the provisions of Article 264 of the Criminal Code Vietnam 2015 (amended 2017) regulating penalties for allowing an unqualified person to operate a vehicle on public roads as follows:
- Level 1: Committing the crime in one of the following cases shall be fined from 10,000,000 VND to 50,000,000 VND or subject to community sentence for up to 03 years:
+ Causing death;
+ Causing injury or harm to health of one person with a bodily injury rate of 61% or more;
+ Causing injury or harm to the health of two or more persons with a total bodily injury rate of these persons from 61% to 121%;
+ Causing property damage from 100,000,000 VND to less than 500,000,000 VND.
- Level 2: Committing the crime in one of the following cases shall be fined from 50,000,000 VND to 200,000,000 VND or sentenced to between 06 months and 03 years of imprisonment:
+ Causing death to two persons;
+ Causing injury or harm to the health of two or more persons with a total bodily injury rate of these persons from 122% to 200%;
+ Causing property damage from 500,000,000 VND to less than 1,500,000,000 VND.
- Level 3: Committing the crime in one of the following cases shall be sentenced to between 02 years and 07 years of imprisonment:
+ Causing death to three or more persons;
+ Causing injury or harm to the health of three or more persons with a total bodily injury rate of these persons of 201% or more;
+ Causing property damage of 1,500,000,000 VND or more.
- The offender may also be fined from 10,000,000 VND to 30,000,000 VND.
Thus, anyone who allows another person who they know is not eligible to operate a road transportation vehicle, resulting in a fatal accident, will face the highest imprisonment penalty of up to 07 years.
If parents hand over a motorcycle to their underage children, causing a fatal accident, they will be subject to criminal liability for allowing an ineligible person to operate a road transportation vehicle.
The penalty levels for this crime can be as high as 07 years of imprisonment if the consequences are as severe as causing the death of three or more people, causing injury to three or more people with a total bodily injury rate of at least 201%, and so forth.
Therefore, in cases where a motorcycle is handed over to an underage child causing a fatal accident, even though the parent is not the direct cause of the accident, they will still bear criminal responsibility with the highest penalty of up to 07 years of imprisonment.
Below is a collection of judgments on the crime allowing an unqualified person to operate a vehicle on public roads causing fatal accidents, adjudicated by the courts in Vietnam:
No. | Judgment Title | Date Issued | Adjudicating Court |
---|---|---|---|
1 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 26/2021/HS-ST | November 24, 2022 | People's Court of district-level town C, province G |
2 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 15/2022/HS-ST | December 5, 2022 | People's Court of district Q, Ha Giang province |
3 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 76/2022/HS-ST | December 14, 2022 | People's Court of district-level town Trang Bang, Tay Ninh province |
4 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 54/2022/HS-ST | December 29, 2022 | People's Court of Huong Khe district, Ha Tinh province |
5 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 01/2023/HS-ST | January 5, 2023 | People's Court of District A, Ho Chi Minh City |
6 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 16/2023/HS-ST | March 3, 2023 | People's Court of District H, Province B |
7 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 56/2023/HS-ST | April 10, 2023 | People's Court of Binh Xuyen district, Vinh Phuc province |
8 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 47/2023/HS-ST | April 12, 2023 | People's Court of district CG, Son La province |
9 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 12/2023/HS-ST | May 17, 2023 | People's Court of Thoi Lai district, Can Tho City |
10 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 37/2023/HS-ST | July 14, 2023 | People's Court of district-level town Trang Bang, Tay Ninh province |
11 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 83/2023/HS-ST | August 14, 2023 | People's Court of Quynh Phu district, Thai Binh province |
12 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 50/2023/HS-ST | August 18, 2023 | People's Court of district-level town Hoa Thanh, Tay Ninh province |
13 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 13/2023/HS-ST | December 27, 2023 | People's Court of District C, Tra Vinh Province |
14 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 09/2024/HS-ST | March 7, 2024 | People's Court of Go Cong Tay district, Tien Giang province |
15 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 41/2022/HS-ST | September 13, 2022 | People's Court of Tay Son district, Binh Dinh province |
16 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 246/2022/HS-ST | August 17, 2022 | People's Court of Di An City, Binh Duong province |
17 | Judgment on the offense of violating regulations on operating waterway vehicles; and allowing an ineligible person to operate waterway vehicles No. 63/2022/HS-PT | July 29, 2022 | People's Court of Tra Vinh province |
18 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 44/2022/HS-PT | July 28, 2022 | People's Court of Binh Phuoc province |
19 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 45/2022/HS-ST | June 7, 2022 | People's Court of Ba Vi district, Hanoi City |
20 | Judgment on the crime of robbery and allowing an ineligible person to operate road transportation vehicles No. 69/2022/HS-PT | April 6, 2022 | People's Court of Tien Giang province |
21 | Judgment on the crime of allowing an unqualified person to operate a vehicle on public roads No. 11/2022/HS-ST | March 23, 2022 | People's Court of Bo Trach district, Quang Binh province |
22 | Judgment 21/2020/HS-ST on the crime of allowing an unqualified person to operate a vehicle on public roads | April 29, 2020 | People's Court of District P, Son La Province |
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