Is insulting others leading to suicide of the victim liable for criminal prosecution in Vietnam?
Is insulting others leading to suicide of the victim liable for criminal prosecution in Vietnam? What is administrative penalty for insults to another person in Vietnam?
I am currently in 11th grade. In my class, my friend T is often teased by classmates for having white patches on the skin with hurtful words. The next day, I heard that T had committed suicide and left a letter stating the reason for suicide was being teased by her friends. I would like to ask, if friends insult T leading to suicide of T, will they face a penalty of imprisonment?
Is insulting others leading to suicide of the victim liable for criminal prosecution in Vietnam?
Clause 1, Article 12 of the 2015 Criminal Code provides for the age of criminal responsibility:
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.
Based on Clause 3 Article 155 of the 2015 Criminal Law, insults to another person are defined as follows:
3. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:
a) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;
b) The offence results in the suicide of the victim.
Therefore, as a student in 11th grade, you are old enough to be liable for criminally responsible in Vietnam, and if your friends caused T to commit suicide through teasing, they can be liable for criminally responsible for insults to another person as mentioned above.
Is insulting others leading to suicide of the victim liable for criminal prosecution in Vietnam? (Image from the Internet)
What is administrative penalty for insults to another person in Vietnam?
According to Clause 3, Article 7 of Decree 144/2021/ND-CP, the following penalties apply:
3. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:
a) Taunting, teasing, insulting, humiliating another person, except the cases specified in Point b Clause 2 Article 21 and Article 54 of this Decree;
b) Organizing, hiring, enticing, tempting another person to cause injuries or bodily harms, or to insult or humiliate another person but not liable to criminal prosecution;
c) Providing false information for a competent authority or organization;
d) Calling 111, 113, 114, 115 or a hotline number of an organization for the purpose of harassment, threatening or insulting;
dd) Manufacturing, storing, transporting sky lanterns;
e) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without adequate legal documents issued by or registered with competent authorities as per regulations;
g) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without maintaining fulfillment of personnel requirements under the license issued by a competent authority;
h) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without adequate equipment, tools, workshop, area under the license issued by a competent authority;
i) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without compliance with regulations of law on security, safety and environment.
Therefore, the offense of insults to another person is administratively punished with a fine ranging from 2,000,000 VND to 3,000,000 VND.
Best Regards!
