What are imprisonment sentences for people who deliberately inflicts bodily harm upon another people under provocation in Vietnam?
What are imprisonment sentences for people who deliberately inflicts bodily harm upon another people under provocation in Vietnam? What are cases in which people who deliberately inflicts bodily harm upon another people under provocation in Vietnam are exempt from serving sentences in Vietnam?
What are imprisonment sentences for people who deliberately inflicts bodily harm upon another people under provocation in Vietnam?
Pursuant to Article 135 of the Criminal Code in 2015 (amended by Clause 2.d Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating deliberate infliction of bodily harm upon others under provocation:
Deliberate infliction of bodily harm upon others under provocation
1. A person who deliberately inflicts bodily harm upon another people and causes 31% - 60% WPI under provocation because of the victim's serious violations of law against the offender or the offender's family member shall face a fine of VND 10,000,000 - VND 50,000,000 or face a penalty of up to 03 years' community sentence.
2. This offence committed in any of the following circumstances carries a penalty of 06 - 36 months'' imprisonment:
a) The offence is committed against more than one person, each of whom suffers from ≥ 31% WPI;
b) The offence causes ≥ 61% WPI or death of the victim.
As regulated above, a person who deliberately inflicts bodily harm upon another people and causes over 31% WPI under provocation because of the victim's serious violations of law against the offender or the offender's family member shall be prosecuted for the act of deliberate infliction of bodily harm upon others under provocation.
The offender shall face a fine of VND 10,000,000 - VND 50,000,000 or face a penalty of up to 03 years' community sentence, or a penalty of 06 - 36 months'' imprisonment.
What are imprisonment sentences for people who deliberately inflicts bodily harm upon another people under provocation in Vietnam? - image from internet
What are cases in which people who deliberately inflicts bodily harm upon another people under provocation in Vietnam are exempt from serving sentences in Vietnam?
Pursuant to Article 62 of the Criminal Code in 2015 stipulating exemption from serving sentences:
Exemption from serving sentences
1. A convict shall be exempt from serving his/her sentence in the event of a parole or general amnesty.
2. The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to community sentence or imprisonment of up to 03 years and has not served that sentence from serving the sentence in any of the following circumstances:
a) The convict has made reparation in an effort to atone for the crime after being convicted;
b) The convict has a fatal disease;
c) The convict abides by law, his/her family is facing extreme hardship and he/she is considered no longer dangerous to society.
3. The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to imprisonment of over 03 years and has not served that sentence from serving the sentence if he/she has made reparation in an effort to atone for the crime or has a fatal disease and considered no longer dangerous to society.
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As regulated above, the maximum penalty for the act of deliberate infliction of bodily harm upon others under provocation is up to 03 years.
The Court, at the request of Director of the Procuracy, might exempt a person who is prosecuted for the act of deliberate infliction of bodily harm upon others under provocation in any of the following circumstances:
- The convict has made reparation in an effort to atone for the crime after being convicted;
- The convict has a fatal disease;
- The convict abides by law, his/her family is facing extreme hardship and he/she is considered no longer dangerous to society.
What are aggravating factors of the act of deliberate infliction of bodily harm upon others under provocation in Vietnam?
Pursuant to Article 52 of the Criminal Code in 2015 (amended by Clause 2.b Article 2 of the Law on amendments to the Criminal Code in 2017), following acts are aggravating factors of the act of deliberate infliction of bodily harm upon others under provocation:
- Organized crime;
- The crime is committed in a professional manner;
- The offender abuses his/her position or power to commit the crime;
- The crime is of a gangster-like nature;
- The crime is committed by despicable motives;
- The offender is determined to commit the crime to the end;
- The offence has been committed more than once;
- Recidivism or dangerous recidivism;
- The crime is committed against a person under 16 years of age, pregnant woman or a person aged 70 years or older;
- The crime is committed against a defenseless person, a person having a serious physical disability or extremely serious physical disability, a person whose awareness is limited or a person who is financially, spiritually, professionally or otherwise dependent on the offender;
- The offender takes advantage of war, state of emergency, natural disaster, epidemic or other tragic circumstances of society to commit the crime;
- The offender makes use of a sophisticated, deceitful or ruthless trick to commit the crime;
- The offender uses a trick or instrument capable of harming many people to commit the crime;
- The offender incites a person aged under 18 to commit the crime;
- The offender has deceitful or violent actions to conceal the crime.
Note: Circumstances defined by this document as the basis for determination of a crime or sentence bracket shall not be considered an aggravating factor.
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