Is Underage Driving Causing an Accident Liable for Criminal Prosecution?
According to point b, clause 1, Article 60 of the Road Traffic Law 2008, it is stipulated: Persons aged 18 and above may operate two-wheeled motorcycles, three-wheeled motorcycles with cylinder capacity from 50 cm3 and above. Thus, your sibling has violated the age regulations for operating a vehicle while participating in traffic (i.e., violating road traffic safety regulations).
According to clause 72, Article 1 of the amended Criminal Code 2017 stipulates:
- Anyone participating in road traffic and violating road traffic safety regulations causing damage to others under one of the following circumstances shall be fined from VND 30,000,000 to VND 100,000,000, receive non-custodial reform for up to 3 years, or be imprisoned from 1 year to 5 years:
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b) Causing injury or harm to a person's health resulting in a body injury rate of 61% or more;
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Your younger brother is 17 years old and is also of age to bear criminal responsibility in this case (Clause 1, Article 12 of the Criminal Code 2015). Therefore, if falling under the circumstance at point b above, your brother will be prosecuted for criminal liability as stipulated. The fault of the electric bicycle rider may only be considered as a mitigating factor for criminal liability for your brother according to regulations.
Sincerely!
