What are elements constituting the crime of involuntary manslaughter in Vietnam? What are judgments on involuntary manslaughter in Vietnam?

1. What are elements constituting the crime of involuntary manslaughter in Vietnam?

The elements constituting the crime of involuntary manslaughter in Vietnam are determined as follows:

Subject:

The subject of the crime of involuntary manslaughter is a person aged 16 years or older who has the capacity to bear criminal responsibility. To be specific:

- Regarding age: The offender must be 16 years old or older. The crime of involuntary manslaughter is not among the crimes where criminal responsibility can be incurred from the age of 14 as listed in Clause 2 Article 12 of the Criminal Code 2015 (amended in 2017).

- Regarding the capacity to bear criminal responsibility: The offender who is prosecuted must have the capacity for criminal responsibility, which includes the capacity for awareness and the ability to control one's actions.

Object:

The crime of involuntary manslaughter infringes upon the human right to life. The direct object of this crime is the right to life or the right to have human life respected and protected.

The criminal act affects a human being. The perpetrator takes away the human right to life.

Objective Aspect:

The objective act of this crime is the violation of regulations ensuring human life safety, resulting in a fatal outcome.

Involuntary manslaughter occurs when the offender, despite recognizing that their actions could lead to death, believes the consequence will not happen or can be prevented, or when the offender fails to foresee that their actions could cause death, although they should and could have foreseen the consequence, which ultimately results in death.

The fatal consequence is a mandatory sign in the objective aspect of this crime. The objective act constituting this crime must lead to death, with the causal relationship being clarified as a mandatory characteristic.

Subjective Aspect:

The fault of the offender in involuntary manslaughter lies in their negligence, which can be due to recklessness or overconfidence.

- Fault due to overconfidence: The offender foresees that their actions could cause death but believes that such a consequence will not happen or can be prevented.

- Fault due to carelessness: The offender fails to foresee that their actions could cause death, even though they should and could have foreseen it.

This is a very distinct characteristic distinguishing involuntary manslaughter from murder.

2. What are judgments on involuntary manslaughter in Vietnam?

Below are some judgments on involuntary manslaughter:

Please Login to be able to download