Which Cases of Handing Over Motorbikes to Underage Individuals Result in Imprisonment?

Section 76 Article 1 of the Law amending the Criminal Code 2017 (amending Article 264 of the Criminal Code 2015) stipulates the crime of handing over means of road traffic participation to unqualified persons as follows:

1. Anyone who hands over a vehicle for road traffic participation to a person knowing that person does not have a driving license or is under the influence of alcohol, with the blood or breath alcohol concentration exceeding the legal limit, is using drugs or other strong stimulants, or does not meet other legal conditions, causing harm to others in any of the following cases, will be fined from 10,000,000 VND to 50,000,000 VND or subject to non-custodial reform for up to 03 years:

   a) Causing death;

   b) Causing injury or harm to the health of one person with a body injury rate of 61% or more;

   c) Causing injury or harm to the health of two or more people with a total body injury rate of 61% to 121%;

   d) Causing property damage from 100,000,000 VND to less than 500,000,000 VND.

2. Committing the crime in any of the following cases will be fined from 50,000,000 VND to 200,000,000 VND or imprisoned from 06 months to 03 years:

   a) Causing the death of 02 people;

   b) Causing injury or harm to the health of two or more people with a total body injury rate of 122% to 200%;

   c) Causing property damage from 500,000,000 VND to less than 1,500,000,000 VND.

3. Committing the crime in any of the following cases will be imprisoned from 02 years to 07 years:

   a) Causing the death of 03 people or more;

   b) Causing injury or harm to the health of three or more people with a total body injury rate of 201% or more;

   c) Causing property damage of 1,500,000,000 VND or more.

4. Offenders may also be fined from 10,000,000 VND to 30,000,000 VND.

=> Thus, in the following cases, the owner of a motorcycle who hands over the vehicle to an underage driver can be prosecuted for criminal responsibility if causing consequences while participating in traffic:

- Causing death;

- Causing injury or harm to the health of others as regulated above;

- Causing property damage of 100,000,000 VND or more.

Sincerely!