In Vietnam: Shall anyone, who slanders other people for stealing money that makes the victim suicide, face criminal responsibility?

In Vietnam: Shall anyone, who slanders other people for stealing money that makes the victim suicide, face criminal responsibility?

Pursuant to Article 156 of the Criminal Code in 2015 (amended by Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating slander as follows:

1. A person who commits any of the following acts shall be liable for a fine of from VND 10,000,000 to VND 50,000,000, face a penalty of up to 02 years' community sentence or 03 - 12 months' imprisonment:

a) Fabricating information or spreading false information to harm another person's reputation or infringes upon another person's lawful rights and interests;

b) Accusing a person of a fabricated crime report it to the authorities.

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3. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence is committed by despicable motives;

b) The victim suffers from ≥ 61% mental and behavioral disability;

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

4. The offender may also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

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

1. A person from 16 years of age and above shall bear criminal responsibility for every crime, except for those otherwise prescribed by this document.

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.

As regulations above, a person, who fabricates information or spreads false information that makes the victim suicide, shall face a penalty of 03 - 07 years' imprisonment.

However, as prescribed in Article 12 of the Criminal Code in 2015, a person from 16 years of age and above shall bear criminal responsibility for slander.

Therefore, if those students are under 16, they shall not bear criminal responsibility for slander.

In Vietnam: Shall anyone, who insults other people that makes the victim suicide, face criminal responsibility?

Pursuant to Article 155 of the Criminal Code in 2015 (amended by Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating insulting 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.

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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.

As regulations above, any person, who seriously insults another person that makes the victim suicide, shall carry a penalty of 02 - 05 years' imprisonment.

However, as prescribed in Article 12 of the Criminal Code in 2015, a person under 16 years of age shall not bear criminal responsibility for insulting to another person.

In Vietnam: Shall anyone, who prosecutes an innocent person that makes the victim suicide, face criminal responsibility?

Pursuant to Article 368 of the Criminal Code in 2015 (amended by Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating bringing criminal prosecution against an innocent person as follows:

1. Any competent person who brings criminal prosecution against a person in the knowledge that the person is innocent shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The innocent person is prosecuted for infringement upon national security or another extremely serious crime;

b) The offence is committed against 02 - 05 people;

c) The offence is committed against a person under 18, a woman whose pregnancy is known by the offender or an old and weak person;

d) The offence results in 31% - 60% mental and behavioral disability of the victim;

dd) The offence results in a wrongful conviction of an innocent person for a less serious crime or serious crime;

e) The offence has a negative impact on social security, order or safety.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The offence is committed against ≥ 06 people;

b) The offence results in a wrongful conviction of an innocent person for a very serious crime or extremely serious crime;

c) The offence results in ≥ 61% mental and behavioral disability of the victim;

d) The offence results in the suicide of the person wrongly prosecuted.

4. The offender might also be prohibited from holding certain positions for 01 - 05 years.

Above are regulations on bringing criminal prosecution against an innocent person in Vietnam.

Best regards!