Deliberate infliction of bodily harm upon another person under the Criminal Code of Vietnam

Deliberate infliction of bodily harm upon another person under the Criminal Code of Vietnam

Pursuant to Clause 22, Article 1 of the Law amending the Criminal Code 2017 regarding:

Deliberate infliction of bodily harm upon another person

Anyone who intentionally inflicts injury or harm to the health of others with a bodily harm rate from 11% to 30% or below 11% but falls into one of the following cases, shall be subject to non-custodial reform for up to 3 years or a prison term from 6 months to 3 years:

1. a) Using weapons, explosives, dangerous tools, or methods that can endanger many people;

   b) Using dangerous acid or dangerous chemicals;

   c) Against a person under 16 years old, a woman known to be pregnant, an elderly person, a sick person, or another person unable to defend themselves;

   d) Against one's grandparent, parent, teacher, nurse, caretaker, or healer;

   dd) Organized crime;

   e) Abusing one's position or authority;

   g) During the period of being detained, temporarily detained, imprisoned, undergoing judicial education measures at reform schools, or undergoing administrative violation handling measures put into compulsory educational establishments, reform schools, or compulsory detoxification establishments;

   h) Hiring someone to inflict injury or harm to the health of others or inflicting injury or harm to the health of others as hired;

   i) Acts of hooliganism;

   k) Against a person performing official duties or due to the victim's official duties.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 2 years to 6 years:

   a) Inflicts injury or harm to the health of others with a bodily harm rate from 31% to 60%;

   b) Inflicts injury or harm to the health of 2 or more people with each person having a bodily harm rate from 11% to 30%;

   c) Committing the crime 2 or more times;

   d) Dangerous recidivism;

   dd) Inflicts injury or harm to the health of others with a bodily harm rate from 11% to 30% but falls into one of the cases prescribed in points a through k, Clause 1 of this Article.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

   a) Inflicts injury or harm to the health of others with a bodily harm rate of 61% or more, if not falling under the case prescribed in point b, Clause 4 of this Article;

   b) Inflicts injury or harm to the health of 2 or more people with each person having a bodily harm rate from 31% to 60%;

   c) Inflicts injury or harm to the health of others with a bodily harm rate from 31% to 60% but falls into one of the cases prescribed in points a through k, Clause 1 of this Article;

   d) Inflicts injury or harm to the health of 2 or more people with each person having a bodily harm rate from 11% to 30% but falls into one of the cases prescribed in points a through k, Clause 1 of this Article.

4. Committing the crime in one of the following cases shall be punished with imprisonment from 7 years to 14 years:

   a) Causing death;

   b) Inflicting injury leading to a disfigurement of the face of others with a bodily harm rate of 61% or more;

   c) Inflicts injury or harm to the health of 2 or more people with each person having a bodily harm rate of 61% or more;

   d) Inflicts injury or harm to the health of others with a bodily harm rate of 61% or more but falls into one of the cases prescribed in points a through k, Clause 1 of this Article;

   dd) Inflicts injury or harm to the health of 2 or more people with each person having a bodily harm rate from 31% to 60% but falls into one of the cases prescribed in points a through k, Clause 1 of this Article.

5. Committing the crime in one of the following cases shall be punished with imprisonment from 12 years to 20 years or life imprisonment:

   a) Causing the death of 2 or more people;

   b) Inflicts injury or harm to the health of 2 or more people with each person having a bodily harm rate of 61% or more but falls into one of the cases prescribed in points a through k, Clause 1 of this Article.

6. Anyone who prepares weapons, explosives, dangerous tools, dangerous acids, dangerous chemicals, or forms or participates in a criminal group aiming to inflict injury or harm to the health of others shall be punished with non-custodial reform up to 2 years or imprisonment from 3 months to 2 years.

How much is the fine for unintentionally causing injuries or bodily harm to another person but not liable to criminal prosecution in Vietnam?

Pursuant to Point a, Clause 5, Point a, Clause 13, and Point dd, Clause 14 of Article 7 of Decree 144/2021/ND-CP regulated as follows:

A fine ranging from 5,000,000 VND to 8,000,000 VND shall be imposed for one of the following acts:

- Unintentionally causing injuries or bodily harm to another person but not liable to criminal prosecution;

Additional forms of punishment:

- Confiscating exhibits and means of administrative violations for the acts of violation prescribed in points a, d, đ, and g, Clause 2; point đ, Clause 3; points b, e, and i, Clause 4; points a, b, and c, Clause 5; Clauses 6 and 10 of this Article.

- Compulsorily paying the full cost of medical examination and treatment for the acts of violation prescribed in point d, Clause 1; point c, Clause 2; point b, Clause 3; and point a, Clause 5 of this Article.

Thus, the individual act of intentionally inflicting injury on others is subject to an administrative fine of up to 8,000,000 VND.

Respectfully!