Is False Accusation Subject to Penalties?
According to Clause 10, Article 8 of the Law on Denunciations 2018, intentionally making false denunciations; coercing, enticing, inciting, persuading, or bribing others to make false denunciations; using someone else's name to denounce is prohibited in denunciations.
The person making false denunciations will bear the following responsibilities:
*Criminal Responsibility
According to Article 156 of the Penal Code 2015: A fine of VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 2 years, or imprisonment from 3 months to 1 year will be imposed for fabricating that another person committed a crime and denouncing them to the competent authority.
Additionally, if the offense falls into one of the following cases, the imprisonment penalty will be from 1 year to 3 years:
- Organized;- Abusing positions or powers;- Involving 2 or more people;- Involving grandparents, parents, educators, caregivers, guardians, or medical practitioners;- Involving a person performing official duties;- Using a computer network, telecommunications network, or electronic means to commit the crime;- Causing mental and behavioral disorders to the victim with a body injury rate from 31% to 60%.
Imprisonment from 2 years to 5 years:
- Causing mental and behavioral disorders to the victim with a body injury rate of 46% or higher;- Making the victim commit suicide.
Note: The offender may also be prohibited from holding certain positions, practicing certain professions, or doing certain jobs for 1 year to 5 years.
*Administrative Responsibility
A warning or a fine from VND 100,000 to VND 300,000 for any of the following acts: rude gestures, provocative or mocking behavior, insulting the honor or dignity of another person.
*Civil Responsibility
Compensation for damage when honor, dignity, or prestige is infringed (Article 592 of the Civil Code 2015). Damage due to infringement on honor, dignity, or prestige includes:
- Reasonable expenses to mitigate and remedy the damage;- Actual lost or diminished income;- Other damage as prescribed by law.
The person responsible for compensation in case of infringement on another's honor, dignity, or prestige must compensate as prescribed in Clause 1 of this Article and an additional amount to cover the mental harm that person has suffered. The compensation for mental harm is agreed upon by the parties; if no agreement is reached, the maximum for one person whose honor, dignity, or prestige is infringed will not exceed ten times the statutory pay rate prescribed by the State.
Respectfully!
