Is the act of involuntary manslaughter subject to imprisonment sentence in Vietnam? What are judgments on this offense?

1. Is the act of involuntary manslaughter subject to imprisonment sentence in Vietnam?

According to the provisions of Article 128 of the Criminal Code 2015 of Vietnam regarding the crime of involuntary manslaughter:

- Anyone who unintentionally causes death, shall be subject to community sentence for up to 3 years or imprisonment from 1 year to 5 years.

- Committing the crime that results in multiple deaths, i.e., 2 or more people, shall be subject to imprisonment from 3 years to 10 years.

Additionally, those who commit the crime of involuntary manslaughter by violating professional or administrative rules are stipulated in Article 129 of the Criminal Code 2015:

- Anyone who unintentionally causes death by violating professional or administrative rules, shall be subject to imprisonment from 1 year to 5 years.

- Committing the crime that results in multiple deaths, i.e., 2 or more people, shall be subject to imprisonment from 5 years to 12 years.

- The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain jobs from 1 year to 5 years.

Thus, a person who unintentionally causes death may be sentenced to imprisonment ranging from 1 year to 10 years, depending on the severity of the violation and the number of deaths. In the case of involuntary manslaughter due to a violation of professional or administrative rules, the perpetrator may face imprisonment of up to 12 years.

2. What are judgments on the crime of involuntary manslaughter

Below are some judgments related to the crime of involuntary manslaughter resolved by the courts in Vietnam:

Judgment 30/2020/HS-ST dated June 8, 2020, on the crime of involuntary manslaughter

- Adjudicating body: People's Court of Phong Tho District, Lai Chau Province.

- Summary: From December 10, 2019, to December 14, 2019, P and D went hunting. At 6:00 PM on December 14, 2019, they separated to hunt, and around 8:00 PM, P heard a noise and saw two glowing eyes, thinking it was a black civet. He shot in that direction, but upon checking, he realized he had accidentally shot Chang A D, causing D's immediate death.

Judgment 40/2020/HS-ST dated August 17, 2020, on the crime of involuntary manslaughter

- Adjudicating body: People's Court of Phong Tho District, Lai Chau Province.

- Summary: On January 30, 2020, Chang Thi M went to the hill belonging to her home in Den Thang B village, Dao San commune, Phong Tho district, Lai Chau province to cut wood for firewood. Due to the large log, M rolled it down, hitting Chang Thi P, causing her immediate death. P's daughter witnessed the rolling of the log onto her mother.

Judgment 56/2020/HS-ST dated June 19, 2020, on the crime of involuntary manslaughter due to violation of professional rules

- Adjudicating body: People's Court of Nhon Trach District, Dong Nai Province.

- Summary: Around 8:00 PM on October 8, 2019, Duong V violated professional rules by operating a forklift without adhering to the safety protocols, leading to an accident that resulted in the death of Nguyen Cong B. The incident occurred in the internal road area between UTILITY 1 and UTILITY 2 factories at Hyosung Company, NT 5 Industrial Park, Nhon Trach district, Dong Nai province, and was subsequently prosecuted.

Judgment on the crime of involuntary manslaughter due to violation of professional rules No. 08/2021/HS-ST

- Adjudicating body: People's Court of K District, Hanoi City.

- Summary: Nguyen Duy T, a worker of Electrical Management Team No. 1 under K Power Company, hired Ngo Van M, Hoang Gia G, and Hoang Duc N, freelance laborers, to pull electric wires in M3 village. During the process, they found the wires insufficient, so M and C went to X village, T commune to cut electric wires for connection. M climbed the electric pole and used pliers to cut the wire intending to bring it to M3 for connection, but got electrocuted. He was promptly rescued and sent to the hospital but did not survive.

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