The reality shows that there are many cases of involuntary infliction of bodily harm upon others that have occurred without the offenders knowing that they have violated the law. So will involuntary infliction of bodily harm upon others be criminally responsible?
According to Article 138 of the 2015 Criminal Code, the crime of involuntary infliction of bodily harm upon others is as follows:
1. Any person who involuntarily inflicts 31% - 60% WPI to another person shall receive a warning, be liable to a fine of VND 5,000,000 - VND 20,000,000 or face a penalty of up to 03 years' community sentence.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:
a) The offence results in bodily harm of 02 or more people, each of whom suffers from 31% - 60% WPI;
b) The offence causes ≥ 61% WPI for the victim.
3. If this offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61% WPI, the offender shall face a penalty of 01 - 03 years' imprisonment.
Specifically, in the judgment 50/2018/HS-PT dated November 28, 2018 of the People's Court of Cao Bang province, trial for the crime of involuntary infliction of bodily harm upon defendant Nong Van T.
"About 7:00 a.m. on April 5, 2018, Nong Van T was at home, he heard the rooster crowing and then brought his homemade gun to the foot of LA mountain, about 200m from T's house, to hunt and check the chicken traps. When he arrived, T saw the sound of wild chickens in a stone pot covered by tall trees and saw the tops of the trees were moving and red like a cock's crest, so he used the gun he brought to shoot into the stone jar. After shooting, he saw Mr. Hoang Van P running to his face with a lot of blood bleeding, only then did T know that he had hit Mr. P. After that, Mr P injured with a body damage rate of 69%".
Defendant Nong Van T was convicted of the crime of "Involuntary infliction of bodily harm upon others" under Point b, Clause 2, Article 138 of the Criminal Code, and had to pay compensation to Mr. Hoang Van P.
It can be seen that Involuntary infliction of bodily harm upon others is the act of a person due to negligence without foresight that his or her behaviour is likely to cause injury or harm to health of another person with an injury rate of 31% or more, or must foresee and be able to foresee or, although foreseeing that his or her actions may cause such consequences, but believe that the consequences do not occur or may preventable.
In addition, the offenders may also be banned from holding certain posts, practising certain professions or doing certain jobs for one to five years if they fall into the case of violating professional or administrative rules under Article 139, the Criminal Code 2015.
In conclusion, whether involuntary or intentionally causing injury to others, they must also be criminally responsible depending to a certain extent.