13/05/2023 11:19

Collection of judgments on involuntary manslaughter because of misconduct in professional practice in Vietnam

Collection of judgments on involuntary manslaughter because of misconduct in professional practice in Vietnam

I would like to have some judgments on involuntary manslaughter because of misconduct in professional practice in Vietnam _Hong Nhung (Da Nang)

Hello, Lawnet would like to answer the following:

The crime of involuntary manslaughter because of misconduct in professional practice or administrative rules in Vietnam is prescribed in Article 129 of the Penal Code 2015, as follows:

Article 129. Involuntary manslaughter because of misconduct in professional practice or administrative rules

1. A person who commits an involuntary manslaughter because of misconduct in professional practice or administrative rules shall face a penalty of 01 - 05 years' imprisonment.

2. This offence carries a penalty of 05 - 12 years' imprisonment if it results in the death of 02 or more people.

3. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Below are some judgments on involuntary manslaughter because of misconduct in professional practice or administrative rules

1. Judgment 66/2019/HS-PT dated March 6, 2019 on involuntary manslaughter because of misconduct in professional practice or administrative rules

- Level of trial: Appellate.

- Judicial agency: People's Court of Dong Nai province.

- Quoted content: "Before handing over the work ticket, H drove a motorcycle past the place where Mr. M was working to connect the power line on the power pole No. 08, alleyway, to V2 Primary School. H announced to close the power source but did not ask Mr. M to withdraw from the project, but H continued to go to HV Street, near the V10 power station, to meet T5 and T6. Here, T5 and H signed the work sheet together, T5 received the work slip from H but did not go to the actual site to review and check the entire process of performing the work of the construction unit. and did not ask the workers to withdraw from the construction site, but ordered T6 to close the power source. When T6 receives the command to close the power supply, although knowing that T5 did not take the necessary safety measures before making the decision to allow the power to be closed, T6 did not refuse to do so but still went to the V09 power station to turn on the power. As a result, Mr. M, who was working on electricity pole No. 08, on the alleyway to V2 Primary School, was electrocuted and died at the scene."

2. Judgment 56/2020/HS-ST dated June 19, 2020 on involuntary manslaughter because of misconduct in professional practice or administrative rules

- Level of trial: First instance.

- Judicial agency: People's Court of NT district, Dong Nai province.

- Quoted content: "At about 8 o'clock on October 8, 2019, Duong V was a forklift driver of Hyosung company; and was operating a Doosan forklift with code 121 in black orange (with a forklift driver's license as prescribed) running forward carrying a roll of finished fabric 1.57 m long, 1.45 m in diameter, weighing 2,014 kg, running from Hyosung Vietnam factory to Hyosung Dong Nai factory. When going to the internal road between the Utility 1 factory and the Utility 2 factory in Hyosung Company. Due to V's lack of observation and the high roll of goods blocking his view, the forklift controlled by V hit Mr. Nguyen Cong B, a worker of Hyosung Company, who was walking from UTILITY 1 factory to UTILITY 2 factory to check the data. An accident happened, Mr. B was run over by a forklift driven by V and died on the spot."

3. Judgment on involuntary manslaughter because of misconduct in professional practice or administrative rules No. 08/2021/HS-ST

- Level of trial: First instance.

- Judicial agency: People's Court of District K, Hanoi city.

- Quoted content: "T is a worker of Power Management Team No. 1 of Power Company K. T's Power Management Team manages a number of Bac Duong communes, including T. At the beginning of June 2020, T was told by Mr. Nguyen Tho Nam, an employee with Power Management Team No. 1, that Mrs. Hoa's house was in M3 village. T has a need to pull 3-phase electrical wires for garment production, Mr. Nam finds that the backbone wire to Mrs. Hoa's house is not eligible to install meters. After hearing the information, T did not report to the leader of Power Management Team No. 1 and did not report to the leader of Power Company K because he thought that the overtime work was not for K Power Company, but he was looking for someone to cut down and pull the power cord to Mrs. Hoa's alley. T met Mr. G and hired Mr. G to cut down and pull the electric wire, the two parties agreed on a rental amount of 03 million dong. After G agreed, T took Mr. G away and instructed the location of the electric pole to cut down the wires in village X and Lai Hoang village to bring back to M3 and install them on the pole. T instructed Mr. G to cut down the wire hanging on the power pole number: 6.3 and the pole number: 6.6 Highway II Lai Hoang 2 substation, pole number: TQ3 2B-14A at X to bring back the M3 and put it on a pole for Mrs. Hoa's house. After hiring and instructing, G did not notify T of the time to pull the rope, so T did not supervise the hired work. On the afternoon of June 14, 2020, when T was at home, he received news that G's group of workers had been electrocuted in village X. T came to know that Mr. T and G took Mr. M to the emergency room, and then Mr. M died."

4. Judgment on involuntary manslaughter because of misconduct in professional practice or administrative rules No. 175/2020/HSST

- Level of trial: First instance.

- Judicial agency: People's Court of Soc Son district - Hanoi city.

- Quoted content: "Around 13:15 on July 6, 2020, Tran Viet H is a driver of X One Member Limited Liability Company, performing the task of driving BKS 80H-XXXX cars, bringing technical staff, materials, equipment, and aircraft repair tools to parking position XX - apron, Noi Bai International Airport. After finishing the job, H drove the car on the official road in the aircraft apron area to the location of parking lot YY, aircraft apron, Noi Bai International Airport. H controls the car to pass left over the front of the tow truck and push the plane moving on the road in the same direction. Right after that, the car driven by H crashed into Mrs. Luu Thi X, born in 1965, residing in T village, L commune, Dong Anh district, Hanoi—an employee of the environmental sanitation team at the airport of the technical center of the airport - Noi Bai International Airport Company is on duty to clean up."

5. Judgment on involuntary manslaughter because of misconduct in professional practice or administrative rules No. 93/2022/HS-ST

- Level of trial: First instance.

- Judicial agency: People's Court of Soc Son district, Hanoi city.

- Quoted content: "Around 11 a.m., on February 22, 2022, at the campus of the Social Insurance Agency of Soc Son district, although Luong Van C did not have a certificate of operating a self-propelled crane, because he had previously taught himself to operate a self-propelled crane, he arbitrarily controlled and lowered the crane foot attached to a 3.5-ton Hyundai truck, BKS: xxx, to the ground. The area with waste concrete slabs built on the construction site, do not put wood to ensure safety under the crane foot in accordance with labor safety regulations to control the hoisting of the iron bundles on the vehicle to the ground. When about 01m from the ground, C controlled the crane to stop so that the warehouse keeper of the construction site could count each iron. While counting the irons, the crane was tilted to the right, causing the car to fall to the right, causing the crane head to hit and press on Mr. Tran Trung H, who was standing on the right side of the car, causing Mr. H to die on the spot.

Nguyen Thi Sang
211


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