What are the fines for insulting the honor of a person with the authority to conduct legal proceedings in Vietnam?

What are the fines for insulting the honor of a person with the authority to conduct legal proceedings in Vietnam?

Article 15 of the Ordinance 02/2022/UBTVQH stipulates the following acts of insulting the honor, dignity, reputation, and harming the health of persons with the authority to conduct legal proceedings:

1. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed on a participant in legal proceedings who insults the honor, dignity, or reputation of a person with the authority to conduct legal proceedings, except as provided for in Clause 3 of this Article.

2. A fine of VND 7,000,000 to VND 15,000,000 shall be imposed on a participant in legal proceedings who threatens, uses violence, or commits any other act that harms the health of a person with the authority to conduct legal proceedings, except as provided for in Clause 4 of this Article.

3. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on a lawyer who commits the act stipulated in Clause 1 of this Article.

If the violation committed by the lawyer warrants the application of the penalty of deprivation of the right to use the lawyer's certificate of practice or the license to practice law in Vietnam for a certain period of time in accordance with the Law on Administrative Penalties, the penalty shall be applied in accordance with the law on administrative penalties in the field of legal aid.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on a lawyer who commits the act stipulated in Clause 2 of this Article.

5. Supplementary penalty measures:

Confiscation of the objects and means of committing administrative violations for the acts stipulated in Clauses 1, 2, 3, and 4 of this Article.

Based on the regulation, the husband could be fined from VND 3,000,000 to VND 7,000,000 for his words that affected the presiding judge.

What are the fines for insulting the honor of a person with the authority to conduct legal proceedings in Vietnam? - Source: Internet

Can the act of insulting the honor of a person with the authority to conduct legal proceedings be liable to criminal prosecution in Vietnam?

Pursuant to Article 155 of the Criminal Code in 2015 (amended by Clause 2 Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating insults to another person as follows:

1. Any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 - VND 30,000,000 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 has been committed more than once;

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

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

d) The offence is committed against a law enforcement officer in performance of his/her official duties;

dd) The offence is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;

e) The offence is committed using a computer network, telecommunications network or electronic device;

g) The victim suffers from 31% - 60% mental and behavioral disability because of the offence.

3. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

a) The victim suffers from ≥ 61% mental and behavioral disability because of the offence;

b) The offence results in the suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Based on the above regulations, depending on the nature and severity of the violation, an individual who commits an act of insulting the honor of another person may be subject to a warning, a fine of VND 10,000,000 - VND 30,000,000, or 03 years' community sentence, or a penalty of 03 - 60 months' imprisonment. In addition, the offender may also be banned from holding a position, prohibited from practicing a profession or doing a certain job for 01 year to 05 years.

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