If a student commits suicide because he/she is insulted by a teacher, will the teacher be charged with coercing suicide according to Vietnamese law?
If a student commits suicide because he/she is insulted by a teacher, will the teacher be charged with coercing suicide according to Vietnamese law? What are regulations on place to receive denunciations, criminal information disclosed in Vietnam?
My child is in high school, struggling with math. The teacher frequently insults my child in front of the class for not understanding the lessons regularly. And last semester, my child got a low grade, so he committed suicide and left a note stating the reason for suicide is the constant academic pressure from the Math teacher's insults and criticisms. Can I press charge against this math teacher for coercing suicide?
If a student commits suicide because he/she is insulted by a teacher, will the teacher be charged with coercing suicide according to Vietnamese law?
Based on Article 130 of the 2015 Criminal Code which regulates the coercing suicide as follows:
1. Any person who cruelly treats, frequently oppresses, abuses or humiliates his/her care-dependent to such an extent that the care-dependent commits suicide shall face a penalty of 02 - 07 years' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 05 - 12 years' imprisonment:
a) The offence is committed against 02 or more people;
b) The offence is committed against a person aged under 16 or a woman with the full knowledge of her pregnancy.
Therefore, the perpetrator of this crime is the person upon whom the victim is dependent in terms of finance, care, education, etc. and the victim is cruelly treated, humiliated, insulted repeatedly and frequently in the process, causing the victim to feel trapped and commit suicide. Thus, you can report the act of insulting, and humiliating students in front of the class regularly to the investigating authorities for investigation, verification, and prosecution for the crime of coercing suicide.
If a student commits suicide because he/she is insulted by a teacher, will the teacher be charged with coercing suicide according to Vietnamese law? (Image from the Internet)
What are regulations on place to receive denunciations, criminal information disclosed in Vietnam?
Based on Article 145 of the 2015 Criminal Procedure Code regarding the place to receive denunciations, criminal information disclosed as follows:
1. All denunciations, information and charge requests must be fully acquired and processed in timely manner. The authorities shall be responsible for receiving and not rejecting denunciations, information and requisitions.
2. The authorities responsible for receiving denunciations, criminal information disclosed and requisitions for charges shall include:
a) Investigation authorities and procuracies that obtain denunciations, information and requisitions;
b) Other authorities that take in denunciations and criminal information disclosed.
3. The authority to handle denunciations, information and charge requests is given to:
a) Investigation authorities processing intra vires denunciations, information and requisitions;
b) Units assigned to investigate process denunciations and criminal information disclosed within its powers;
c) The procuracy processes denunciations, information and charge requests when investigation authorities or units assigned to performed certain activities of investigation are found to commit serious violations of the laws during their inspection and verification of denunciations, criminal information disclosed, requisitions for charges or omission of crimes. Furthermore, such issues have not been settled despite the Procuracy’s written requests.
4. The authorities empowered to process denunciations, information and charge requests are responsible for informing authorities and entities making denunciations, disclosing criminal information and requisitioning for charges of the results of the former's tasks.
Best Regards!
