Is causing an accident that kills someone and then fleeing an aggravating circumstance for criminal liability in Vietnam?

Hello, Lawnet would like to answer as follows:

Is causing an accident that kills someone and then fleeing the scene an aggravating circumstance for criminal liability in Vietnam?

According to the provisions of Article 52 of the Penal Code 2015 (amended by Point b, Clause 2, Article 2 of the Law amending the Penal Code 2017), the following circumstances are considered aggravating factors:

(1) Organized crime;

(2) The crime is committed in a professional manner;

(3) The offender abuses his/her position or power to commit the crime;

(4) The crime is of a gangster-like nature;

(5) The crime is committed by despicable motives;

(6) The offender is determined to commit the crime to the end;

(7) The offence has been committed more than once;

(8) Recidivism or dangerous recidivism;

(9) The crime is committed against a person under 16 years of age, pregnant woman or a person aged 70 years or older;

(10) The crime is committed against a defenseless person, a person having a serious physical disability or extremely serious physical disability, a person whose awareness is limited or a person who is financially, spiritually, professionally or otherwise dependent on the offender;

(11) The offender takes advantage of war, state of emergency, natural disaster, epidemic or other tragic circumstances of society to commit the crime;

(12) The offender makes use of a sophisticated, deceitful or ruthless trick to commit the crime;

(13) The offender uses a trick or instrument capable of harming many people to commit the crime;

(14) The offender incites a person aged under 18 to commit the crime;

(15) The offender has deceitful or violent actions to conceal the crime.

Thus, the act of causing an accident that kills someone and then fleeing the scene is considered an aggravating circumstance for criminal liability according to current law.

In addition, the act of causing an accident that causes death and then fleeing is specifically stipulated in Article 260 of the Penal Code 2015 (amended by Clause 72, Article 1 of the Law amending the Penal Code 2017) as follows:

Road traffic offences

1. Any person who violates regulations on road traffic safety in any of the following circumstances shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:

a) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% WPI;

b) The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% WPI;

c) The offence results in bodily harm to 03 people who suffer from a total WPI of 61% - 121%;

d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offender does not have a driving license as prescribed;

b) The offender is under the influence of alcohol with blood or breath alcohol content above the limit or under the influence of drugs or other strong stimulants banned by law;

c) The offender leaves the site after the accident to evade responsibility or refuses to help the victim;

...

According to the above regulations, the act of causing an accident leading to death will be prosecuted for criminal liability with a prison sentence of 01 to 05 years. If the offender escapes, the penalty will be from 03 years to 10 years in prison.

What should you do when you see the person who caused a fatal accident fleeing the scene?

Pursuant to the provisions of Clause 2, Article 38 of the Law on Road Traffic 2008, persons present at the place where an accident occurs have the following responsibilities:

- Protect the scene;

--Provide timely assistance and medical treatment to the victims;

- Immediately report to the nearest police office, health agency or People’s Committee;

- Protect the victims’ property;

- Provide true information on the accident at the request of competent agencies.

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