According to the law in Vietnam, what criminal responsibilities shall a daughter, who burn her mother's house by gasoline, bear?

According to the law in Vietnam, what criminal responsibilities shall a daughter, who burn her mother's house by gasoline, bear? Shall people under 16 years old bear criminal responsibilities for burning others' houses in Vietnam? Shall people, who unintentionally burn others' houses, bear criminal responsibilities in Vietnam?

Hello Lawnet. I read this case on the news this morning. A daughter (born in 1991) brought gasoline to burn down her mother's house as they had a conflict over land ownership. What criminal responsibilities shall the daughter bear in this case? If the daughter is under 16 years old, what criminal responsibilities shall she bear?

Thank you!

According to the law in Vietnam, what criminal responsibilities shall a daughter, who burn her mother's house by gasoline, bear?

Pursuant to Article 178 of the Criminal Code in 2015 (amended by Clause 36 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating deliberate destruction of property as follows:

1. Any person who deliberately destroys another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 in any of the following circumstances shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender incurred an administrative penalty for any of the offences specified in this Article;

b) The offender has an unspent conviction for the same offence;

c) The offence has a negative impacts on social safety, order, and security;

d) The property destroyed is the primary means of livelihood of the victim and the victim's family;

dd) The property destroyed is a souvenir or relic.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;

c) The property destroyed is national treasure;

d) The offence is committed using a flammable substance or other dangerous methods;

dd) The offence is committed to conceal another crime;

e) The offence is committed because of the victim's official duties;

g) Dangerous recidivism.

3. If the property destroyed is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment.

4. If the property destroyed is assessed at ≥ VND 500,000,000, the offender shall face a penalty of 10 - 20 years' imprisonment.

5. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

Therefore, according to the regulations above, the daughter who brings gasoline to burn her mother's house can be prosecuted for the crime of deliberate destruction of property. People committing this crime shall face imprisonment sentence of up to 20 years.

The number of years that the daughter in the case that you asked will be imprisoned depends on the severity of the act, the value of the property, and the court's decision on execution.

According to the law in Vietnam, what criminal responsibilities shall a daughter, who burn her mother's house by gasoline, bear? - Source: Internet

Shall people under 16 years old bear criminal responsibilities for burning others' houses in Vietnam?

Pursuant to Article 12 of the Criminal Code in 2015 (amended by Clause 3 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating age of criminal responsibility as follows:

2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304 hereof.

According to the regulations above, a person under the age of 16 who burns another person's house will be prosecuted for a very serious or extremely serious crime.

The daughter in the case you mentioned, if she is under the age of 16, and if the results of the investigation fall into the very serious or extremely serious crime, then that daughter will be prosecuted for criminal responsbilities.

Shall people, who unintentionally burn others' houses, bear criminal responsibilities in Vietnam?

Pursuant to Article 180 of the Criminal Code in 2015 (amended by Clause 1.g Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating involuntary infliction of serious property damage as follows:

1. Any person who involuntarily inflicts a damage to another person's property which is assessed at from VND 100,000,000 to under VND 500,000,000 shall receive a warning or face a penalty of up to 02 years' community sentence.

2. If the damaged is assessed at ≥ VND 500,000,000, the offender shall face a penalty of 02 – 03 years’ community sentence or 03 - 24 months' imprisonment.

Therefore, according to the regulations above, a person who commits an unintentional act that leads to the burning of another person's house may be prosecuted. The severity of the act will be the grounds for dertermination of the length of the prison sentence for the offender.

Best regards!

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