What are penalties for causing 15% WPI while drunk according to the law in Vietnam? What are judgments related to this offense?

1. What are penalties for causing 15% WPI while drunk according to the law in Vietnam?

According to the provisions of Article 134 of the Criminal Code of Vietnam 2015 (amended 2017) concerning the crime of deliberate infliction of bodily harm upon another person:

The crime of deliberate infliction of bodily harm upon another person

1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 33% WPI or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) A dangerous weapon or method is used to harm 02 or more people;

b) Sulfuric acid (H2SO4) or another hazardous chemical is used to inflict bodily harm upon another person;

c) The act results in a mild handicap of the victim;

d) The offence has been committed more than once;

dd) The offence is committed against 02 or more people;

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

g) The victim is the offender's grandparent, parent, caregiver or teacher;

h) The offence is committed by an organized group;

i) The offence involves abuse of the offender's position or power;

k) The offence is committed while the offender is kept in temporary detention, serving his/her sentence in a prison or correctional institution or rehabilitation center;

2. Committing the crime in one of the following cases shall be subject to imprisonment from 02 years to 06 years:

…

b) Causing injury or harm to the health of two or more people with an injury rate of each person from 11% to 30%;

...

đ) Causing injury or harm to the health of another person with an injury rate from 11% to 30% but falling into one of the cases specified from points a to k of Clause 1 of this Article.

3. Committing the crime in one of the following cases shall be subject to imprisonment from 05 years to 10 years:

…

d) Causing injury or harm to the health of two or more people with an injury rate of each person from 11% to 30% but falling into one of the cases specified from points a to k of Clause 1 of this Article.

Thus, according to Vietnamese criminal law, people doing the act of causing 15% WPI while drunk may be prosecuted as follows:

The offender can be subject to community sentence for up to 3 years or imprisonment from 6 months to 3 years. If the act is committed with a hooligan nature or falls into other aggravating circumstances, the penalty can increase to 2-10 years of imprisonment depending on the specific case and the dangerous nature of the criminal act, which the Court will adjudicate appropriately.

2. What are judgments on the crime of deliberate infliction of bodily harm upon another person committed under the influence of alcohol

Below are some judgments regarding the crime of deliberate infliction of bodily harm upon another person under the influence of alcohol, resolved by Vietnamese courts:

Judgment on the crime of deliberate infliction of bodily harm upon another person No. 64/2021/HS-ST

- Trial agency: People's Court of Tan Chau District, Tay Ninh Province

- Excerpt of content: “Around 12:00 pm, January 03, 2021 Nguyen Tiet L went to the house of Mr. Le Minh Thuan, born in 1969, residing in Hamlet C, Tan Hoa Commune, Tan Chau District, Tay Ninh Province to attend the first birthday party of Mr. Thuan's grandchild. When he arrived, L sat down to drink beer with Tran Cong Th, born on October 19, 2004; Nguyen Thanh T, born in 1990, also residing in Tan Thuan Hamlet, Tan Hoa Commune, Tan Chau District, Tay Ninh Province, and some of L's family members. During the beer drinking, seeing that T was already drunk, L pushed T into the bedroom to sleep, but T refused. L's family members thought L was beating T, so they scolded L, leading to an argument between L and his family. At this time, Th was cleaning up, L saw Th holding a thermos, and thought Th intended to hit him, so he insulted and challenged Th to a fight. Afterward, Th walked to the back of the rubber garden, and L went to the water pond area behind Mr. Thuan's house, picked up a knife, and then went to slash Th once, hitting his right hand. As a result, Th was injured and taken to Tay Ninh General Hospital for emergency treatment.”

Judgment on the crime of deliberate infliction of bodily harm upon another person No. 97/2021/HS-ST

- Trial agency: People's Court of Vung Tau City, Ba Ria – Vung Tau Province

- Excerpt of content: “Around 8:00 pm, June 26, 2020, Truong Viet H was drinking at Ms. Le Dieu Th's pub, address: 10xx 30/4 Street, M1 Ward, Vung Tau City when he saw Tran Vu L and D (identity unknown) entering the pub. Seeing this, H invited L to drink. While drinking, L and H had an argument, seeing that Ms. Thu chased L, H, and D out, and then closed the door. L and H continued to push and argue. At this time, D rushed in and used his hands and feet to hit H. L took a knife from the pub, about 30 cm long with a 10 cm wooden handle, and slashed at H's hand. H ran away, L chased after him and slashed multiple times at H's legs, hands, and head. H continued to run into an alley beside the house but saw D, and L chasing after him, so H ran into a nearby house, closed the door, and was then taken for emergency treatment by others.”

Judgment on the crime of deliberate infliction of bodily harm upon another person No. 94/2021/HSST

- Trial agency: People's Court of C District, Can Tho City

- Excerpt of content: “Around 6:00 pm, December 4, 2020, Huynh Phong N after drinking at a friend's house near Cai Sau Bridge, P Ward, walked home in N Residential Area, T Area, P Ward, C District, Can Tho City. When he reached Street 61, N Residential Area, he saw Huynh Huu P drinking alone on the sidewalk, so N went over to join him. While drinking, the two had an argument. At this time, Le Van D, a neighbor of P and N, who was riding by on a motorbike, saw this and stopped to intervene. P stood up to leave, and N followed P. Both stood facing each other, continuing to argue. N used his left hand to push hard against P's chest, causing P to fall backward, hitting the back of his head on the ground. Afterward, they were separated, and P and N went home. On December 7, 2020, P showed signs of convulsions and was taken to Military Hospital 121 for emergency treatment and care.”

- Court's ruling: Declared Huynh Phong N guilty of "deliberate infliction of bodily harm upon another person". Sentenced Huynh Phong N to 02 (Two) years in prison.

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