27/11/2024 14:39

Is the person insulting the dignity and honor of others prosecuted for the crime of "Humiliation of Others" in Vietnam? What are judgments related to this crime?

Is the person insulting the dignity and honor of others prosecuted for the crime of "Humiliation of Others" in Vietnam? What are judgments related to this crime?

Is the person insulting the dignity and honor of others prosecuted for the crime of "Humiliation of Others" in Vietnam? What are judgments related to this crime?

1. Is the person insulting the dignity and honor of others prosecuted for the crime of "Humiliation of Others" in Vietnam?

Insulting others is the act of defaming, humiliating, slandering, or fabricating false information that severely affects the honor, dignity, and reputation of others.

According to the provisions of the Criminal Code, insulting the dignity and honor of others can lead to prosecution for the crime of “Humiliation of others.”

Based on Article 155 of the Criminal Code 2015 (amended 2017), the crime of humiliating others is defined as follows:

- Anyone who seriously insults the dignity and honor of another person shall be subject to a warning, a fine of between 10,000,000 VND and 30,000,000 VND, or community sentence for up to 03 years.

- Committing the crime in one of the following circumstances shall be subject to imprisonment from 03 months to 02 years:

+ Committing the crime 02 times or more;

+ Against 02 or more persons;

+ Abusing position or power;

+ Against a person performing official duties;

+ Against a person in charge of teaching, nurturing, caring for, or treating the offender;

+ Using a computer network, telecommunication network, or electronic means to commit the crime;

+ Causing a mental and behavioral disorder in the victim with a body injury rate of between 31% and 60%.

- Committing the crime in one of the following circumstances shall be subject to imprisonment from 02 to 05 years:

+ Causing a mental and behavioral disorder in the victim with a body injury rate of 61% or more;

+ Driving the victim to commit suicide.

Additionally, the offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain jobs for 01 to 05 years.

If the individual engages in fabricating or spreading false information, knowing it to be false, with the intent to seriously insult the dignity and honor or cause damage to the legitimate rights and interests of another person, they can be criminally prosecuted for “slander.”

Thus, anyone who seriously insults the dignity and honor of another person can be prosecuted for the crime of “Humiliation of others," with the highest penalty being up to 05 years of imprisonment.

2. What are judgments concerning the crime of humiliating others in Vietnam?

Below are some judgments related to the crime of humiliating others:

No.

Name of Judgment

Date of issue

Court

1

Judgment 12/2024/HS-ST on the crime of humiliating others

15/03/2024

People's Court of DD district, GL province

2

Judgment 13/2024/HS-ST on the crime of humiliating others

08/03/2024

People's Court of Y district, Ninh Binh province

3

Judgment 209/2023/HS-PT on the crime of humiliating others

27/11/2023

People's Court of Tien Giang province

4

Judgment 68/2023/HS-ST on the crime of humiliating others

31/07/2023

People's Court of Ba Vi district, Hanoi city

5

Judgment 78/2023/HS-ST on the crime of humiliating others

26/05/2023

People's Court of Ba Vi district, Hanoi city

6

Judgment 86/2023/HS-ST on the crime of humiliating others

23/05/2023

People's Court of G district, Hanoi city

7

Judgment 09/2023/HS-PT on the crime of humiliating others

16/05/2023

People's Court of Ha Giang province

8

Judgment 15/2023/HS-PT on the crime of humiliating others

24/03/2023

People's Court of Ninh Thuan province

9

Judgment 60/2023/HS-ST on the crime of humiliating others

07/03/2023

People's Court of Song Ma district, Son La province

10

Judgment 08/2023/HS-PT on the crime of humiliating others

16/02/2023

People's Court of Can Tho city

11

Judgment 91/2022/HS-PT on the crime of humiliating others

09/12/2022

People's Court of Thai Binh province

12

Judgment 141/2022/HS-ST on the crime of humiliating others

23/11/2022

People's Court of P city, Ha Nam province

13

Judgment 251/2022/HS-PT on the crime of humiliating others

30/09/2022

People's Court of Binh Duong province

14

Judgment 56/2022/HS-ST on the crime of humiliating others

21/09/2022

People's Court of Chau Thanh A district, Hau Giang province

15

Judgment 138/2022/HS-PT on the crime of humiliating others

16/09/2022

People's Court of Ha Tinh province

16

Judgment 05/2022/HS-ST on the crime of humiliating others

03/08/2022

People's Court of KS district, Khanh Hoa province

17

Judgment 41/2022/HS-ST on the crime of humiliating others

22/07/2022

People's Court of Ung Hoa district, Hanoi city

18

Judgment 93/2022/HS-PT về làm nhục người khác

04/07/2022

People's Court of B province

19

Judgment 29/2022/HS-PT on the crime of humiliating others

15/06/2022

People's Court of Ha Nam province

20

Judgment 06/2022/HS-ST on the crime of humiliating others

06/05/2022

People's Court of Yen Minh district, Ha Giang province

21

Judgment 09/2022/HS-PT on the crime of humiliating others

25/03/2022

People's Court of Bac Ninh province

22

Judgment 81/2022/HS-PT on the crime of humiliating others

25/03/2022

People's Court of Dak Lak province

23

Judgment 09/2022/HS-ST on the crime of humiliating others

25/02/2022

People's Court of district-level town Go Cong, Tien Giang province

24

Judgment 39/2022/HS-ST on the crime of humiliating others

23/02/2022

People's Court of Hue city, Thua Thien Hue province

25

Judgment 57/2022/HS-PT on the crime of humiliating others

20/01/2022

People's Court of Hanoi city

26

Judgment 02/2022/HS-ST on the crime of humiliating others

11/01/2022

People's Court of Krong Nang district, Dak Lak province

27

Judgment 07/2022/HS-ST on the crime of humiliating others

07/01/2022

People's Court of district-level town Bim Son, Thanh Hoa province

28

Judgment 56/2021/HS-PT on the crime of humiliating others

27/12/2021

People's Court of Hoa Binh province

29

Judgment 121/2021/HS-PT on the crime of humiliating others

24/12/2021

People's Court of Hai Duong province

30

Judgment 144/2021/HS-PT on the crime of humiliating others

16/12/2021

People's Court of Binh Dinh province

2


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