Offenders Violating Construction Regulations Causing Serious Consequences: How Many Years of Imprisonment?
Penalty Duration for Serious Consequences of Violating Construction Regulations
Pursuant to Article 298 of the Criminal Code 2015, amended by Clause 100 Article 1 of the Law Amending the Criminal Code 2017, the regulations on offenses related to serious consequences from construction violations are as follows:
Offense of Violating Construction Regulations Causing Serious Consequences
- Any person who violates construction regulations in the fields of surveying, designing, construction, use of materials, equipment, supervision, inspection, acceptance of works, or other related fields under any of the following circumstances, if not covered by Article 224 and Article 281 of this Code, shall be fined from 50,000,000 VND to 500,000,000 VND, subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:
a) Causing death;
b) Causing injury or harm to the health of others with a body injury rate of 61% or more;
c) Causing injury or harm to the health of 02 or more persons with a total body injury rate from 61% to 121%;
d) Causing damage to property ranging from 100,000,000 VND to under 500,000,000 VND.
...
According to the above regulations, any person who violates construction regulations in the fields of surveying, designing, construction, use of materials, equipment, supervision, inspection, acceptance of works, or other related fields, and under any of the following circumstances shall be criminally liable for offenses causing serious consequences:
- Causing death- Causing injury or harm to the health of others with a body injury rate of 61% or more- Causing injury or harm to the health of 02 or more persons with a total body injury rate from 61% or more- Causing damage to property from 500,000,000 VND or more
The offender may be fined from 50,000,000 VND to 500,000,000 VND, subject to non-custodial reform for up to 03 years, or imprisonment from 01 year to 15 years depending on the severity of the violation.
Additionally, the offender may also be fined from 30,000,000 VND to 100,000,000 VND, prohibited from holding certain positions, banned from practicing certain professions or doing certain jobs for from 01 year to 05 years.
Penalty Duration for Serious Consequences of Violating Construction Regulations (Image from the Internet)
When Can a Prison Sentence Be Deferred?
Pursuant to Article 67 of the Criminal Code 2015, the deferral of a prison sentence is regulated as follows:
Deferment of a Prison Sentence
1. A person sentenced to prison may have the enforcement of the sentence deferred in the following cases:
a) Suffering from a severe illness, the enforcement shall be deferred until health is recovered;
b) Pregnant women or women nursing children under 36 months old, the enforcement shall be deferred until the child is 36 months old;
c) The only laborer in the family, if serving the prison sentence would cause severe hardship for the family, the enforcement may be deferred up to 01 year, except for those convicted of national security offenses or other very serious or especially serious crimes;
d) Convicted of a less serious crime, due to public service, the enforcement may be deferred up to 01 year.
- During the deferment period, if the convicted person commits a new crime, the Court shall require the person to serve both the previous sentence and the new sentence in accordance with Article 56 of this Code.
Thus, individuals sentenced to imprisonment may have the enforcement of their sentence deferred in the following circumstances:
- Suffering from a severe illness- Pregnant women or women nursing children under 36 months old- The only laborer in the family- Convicted of a less serious crime due to public service
Statute of Limitations for Criminal Prosecution
According to Clause 2 Article 27 of the Criminal Code 2015, the statute of limitations for criminal prosecution is as follows:
- 05 years for less serious crimes- 10 years for serious crimes- 15 years for very serious crimes- 20 years for especially serious crimes
