23/03/2023 16:17

Vietnam: What crime does the act of throwing acid and then running away fall into?

Vietnam: What crime does the act of throwing acid and then running away fall into?

Recently, in Binh Duong, there was a case where a woman was sprayed with liquid in the face by a man riding a motorbike in the opposite direction. What crime does the act of throwing acid affecting people's health and life fall into? Ms. Dao - Binh Duong, Vietnam.

Hello, Lawnetwould like to answer the following:

1. Elements constituting the crime of "deliberate infliction of bodily harm upon another person"

In order to determine the crime of "deliberate infliction of bodily harm upon another person" or "Murder" in the acid attack, the prosecution agency must determine the motive, criminal consciousness, and the concentration of acid used by the subject to commit the crime.

Most of the previous acid attack cases were prosecuted by the prosecution for the crime of "deliberate infliction of bodily harm upon another person", on the basis of the perception that the offender's subjective consciousness was not intended to take away life but only cause injury; moreover, most of the victims are still alive (despite the serious injuries). In fact, it's rare for any offender to admit to having a sense of murder.

Therefore, this article will clarify the crime of "deliberate infliction of bodily harm upon another person".

- Objective side:

The offender wishes to cause injury or harm to the health of others.

Unlike murder, the crime of deliberate infliction of bodily harm upon another person, has a lower level of danger, because the offender only wants or allows the victim to be injured or harmed to health and does not want the victim to die.

- Object side: The crime of intentionally causing injury or causing harm to other people's health is a right to be protected by the law on health.

- Subject side: A person who has been at fault in committing an act of intentionally causing injury or harm to others, has criminal liability capacity and is old enough to bear penal liability as prescribed by law.

- Objective side:

+ Behavior: is an act that is dangerous to society, contrary to criminal law, and that shows the awareness and control of the offender's behavior with the desire to cause injury or harm to the health of others.

Tools and means of use: Based on the offender's use of tools and means to commit the offense, it is possible to determine whether the offender intentionally kills or simply causes injury and damage to health.

The position on the body where the offender causes injury or harm to health.

When wanting to take someone's life, the offender will attack on vital places on the body such as: head area, chest area, neck area, abdomen area, etc. Combining the use of tools and means, if they are less dangerous tools or means, with attacks on places that are considered non-critical on the body, it can be determined as intentional injury, harm to health, but not murder.

+ The level of danger of the attack

Determine intentional injury or health damage based on the intensity of the attack (strong or weak) as well as the location of the attack on the body. If the intensity of the attack is not strong and the attack positions are not critical, not intended to take the victim's life, it will not be defined as an act of murder but as an act of intentionally causing injury or harm to the health of others.

+ Consequences of crime

Consequences of the crime of intentionally causing injury or harming the health of others are shown in the injury rate (%) of the victim's loss of work capacity.

2. Penalty frame for deliberate infliction of bodily harm upon another person in Vietnam

According to the provisions of Article 136 of Vietnam's Penal Code 2017 on the crime of deliberate infliction of bodily harm upon another person.

- Basic penalty frame: Penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment

For person who deliberately inflicts bodily harm upon another person and causes 11% - 30% whole person impairment (WPI) or under 11% WPI in any of the following circumstances:

+ Explosive, a dangerous weapon, a dangerous method is used to harm numerous people;

+ Acid or a hazardous chemical is used;

+ The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;

+ The victim is the offender's grandparent, parent, caregiver, teacher or physician;

+ The offence is committed by an organized group;

+ The offender misuses his/her position or power to commit the offence;

+ The offender commits the crime while being kept in temporary detention, serving an imprisonment sentence, receiving compulsory education in a reform school, correctional institution or rehabilitation center;

+ The offence hires another person or is hired by another person to inflict bodily harm to another person;

+ The offence is of a gangster-like nature;

+ The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties.

- Second penalty frame: Penalty of 02 - 06 years' imprisonment

This offence committed in any of the following circumstance:

+ The offence causes 31% - 60% WPI for another person;

+ The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI;

+ The offence has been committed more than once;

+ Dangerous recidivism;

+ The offence results in bodily harm to another person who suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

- The third penalty frame: Penalty of 05 - 10 years' imprisonment:

This offence committed in any of the following circumstances:

+ The offence results in ≥ 61% WPI of the victim, except in the circumstances specified in Point b Clause 4 of this Article;

+ The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI;

+ The offence results in bodily harm to another person who suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

+ The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

- The fourth penalty frame: Penalty of 07 - 14 years' imprisonment

This offence committed in any of the following circumstances:

+ The offence results in the death of a person;

+ The offence results in deformation of the victim’s face and the physical disability inflected is ≥ 61%;

+ The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI;

+ The offence results in bodily harm to another person who suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

+ The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

- Fifth penalty frame: Penalty of 12 - 20 years' imprisonment or life imprisonment

This offence committed in any of the following circumstances:

+ The offence results in the death of more than one person;

+ The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

In addition, Any person who prepares a weapon, explosive, acid, dangerous chemical; establishes or joins a group of criminals to inflicts bodily harm upon another person and shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

At the same time, the person who intentionally causes bodily harm to another person according to the provisions of Article 584 of Vietnam's Civil Code 2015 on the grounds giving rise to liability to compensate for damage, specifically:

- A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.

- The person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.

- If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.

Best regards!

Nguyen Ngoc Tram
188


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