What are penalties for deliberate infliction of bodily harm upon another person in Vietnam?
What are penalties for deliberate infliction of bodily harm upon another person in Vietnam?
Pursuant to Article 134 of the Ciminal Code 2015 (amended by Clause 22 Article 1 of the amended Criminal Code 2017 and Point b Clause 1 Article 177 of the Law on Juvenile Justice 2024), regulations regarding the crime of deliberate infliction of bodily harm upon another person are as follows:
Article 134. Deliberate infliction of bodily harm upon another person
1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 33% WPI or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) Explosive, a dangerous weapon, a dangerous method is used to harm numerous people;
b) Acid or a hazardous chemical is used;
c) The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;
d) The victim is the offender's grandparent, parent, caregiver, teacher or physician;
dd) The offence is committed by an organized group;
e) The offender misuses his/her position or power to commit the offence;
According to the above regulation, a person who deliberately inflicts bodily harm upon another person and causes 11% - 33% WPI or under 11% WPI in any of the following circumstances may be prosecuted for deliberate infliction of bodily harm upon another person:
- Explosive, a dangerous weapon, a dangerous method is used to harm numerous people;
- Acid or a hazardous chemical is used;
- The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;
- The victim is the offender's grandparent, parent, caregiver, teacher or physician;
- The offence is committed by an organized group;
- The offender misuses his/her position or power to commit the offence;
- The offender commits the crime while being kept in temporary detention, serving an imprisonment sentence, receiving compulsory education in a reform school, correctional institution or rehabilitation center;
- The offence hires another person or is hired by another person to inflict bodily harm to another person;
- The offence is of a gangster-like nature;
- The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties.
Persons committing deliberate infliction of bodily harm upon another person may face a penalty of up to 03 years' community sentence or 06 - 240 months' imprisonment, or life imprisonment depending on the severity of the violation.
Those who prepare weapons, explosives, dangerous instruments, dangerous acids, dangerous chemicals, or establish or join a criminal group to cause harm upon another person, shall face 02 years' community sentence, or 03 - 24 months' imprisonment.
What are penalties for deliberate infliction of bodily harm upon another person in Vietnam? (Image from the Internet)
Are minors subject to criminal responsibility for deliberate infliction of bodily harm upon another person in Vietnam?
Pursuant to Article 12 of the Ciminal Code 2015 (amended by Clause 3 Article 1 of the amended Criminal Code 2017) regarding the age of criminal responsibility:
Article 12. Age of Criminal Responsibility
- Persons aged 16 years or older must bear criminal responsibility for all crimes, except for those specified otherwise by this Code.
- Persons aged 14 to under 16 years must bear criminal responsibility for very serious crimes or especially serious crimes specified in one of 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, and 304 of this Code.
Based on Clause 1 Article 134 of the Ciminal Code 2015 (amended by Clause 22 Article 1 of the amended Criminal Code 2017), regulations pertaining to the crime ofdeliberate infliction of bodily harm upon another person are outlined as follows:
Persons under 18 years of age who commit intentional injury face two scenarios:
Case 1: Persons aged 16 to under 18 years
According to the above regulation, persons aged 16 or older must bear criminal responsibility for all offenses. Therefore, anyone aged 16 years old committing intentional injury with a bodily harm rate of 11% or less than 11% but in one of the following circumstances shall face prosecution for the crime of intentionally causing injury or harm to another's health:
- Using weapons, explosives, dangerous instruments, or methods capable of causing harm to many people;
- Using dangerous acids or dangerous chemicals;
- Against a person under 16 years age, woman known to be pregnant, elderly, sick or others unable to defend themselves;
- Against one's grandparents, parents, teachers, or caregivers;
- Organized;
- Abusing one's position or power;
- While being detained, temporarily detained, serving a prison sentence, or undergoing educational measures at a reformatory school or compulsory educational institution, or in compulsory detoxification;
- Hiring someone to cause injury or harm to another person's health or committing such acts due to being hired;
- Having a hooligan nature;
- Against a person performing public duty or due to the victim's public duty.
Case 2: Persons aged 14 to under 16 must bear criminal responsibility for intentional injury or harm to another’s health in cases of very serious or especially serious crimes.
However, minors committing the crime of intentional injury may be exempt from criminal liability and subject to one of the supervisory or educational measures if they meet the following conditions: (Regulated at Clause 2 Article 91 of the Ciminal Code 2015 as amended by Clause 14 Article 1 of the amended Criminal Code 2017)
- There are mitigating circumstances for criminal liability;
- Voluntarily remediate most of the consequences;
- Does not fall under conditions warranting criminal liability exemption;
What compensation costs must be paid to the victim by someone who intentionally causes injury in Vietnam?
Pursuant to Article 590 of the Civil Code 2015 regulating damage due to health infringement:
Article 590. Damage due to Health Infringement
- Damage due to health infringement includes:
a) Reasonable costs for medical treatment, nourishment, rehabilitation, and the restoration of lost or reduced functionalities of the injured person;
b) Actual income lost or diminished of the injured person; if the actual income of the injured person is unstable and cannot be determined then the average income of the same type of labor shall apply;
c) Reasonable costs and actual income lost of the caregiver of the injured person during treatment; if the injured person loses labor capacity and requires regular care, the damages include reasonable costs for the care of the injured person;
d) Other damages as prescribed by law.
- The person responsible for compensation when another person’s health is violated must compensate for damages as prescribed in Clause 1 of this Article and an additional sum to cover the spiritual losses suffered. The level of compensation for spiritual losses shall be agreed upon by the parties; if no agreement is reached, the maximum level for one person whose health is infringed shall not exceed fifty times the statutory pay rate prescribed by the State.
Thus, anyone who commits intentional injury must compensate the victim for the following:
- Reasonable costs for medical treatment, nourishment, rehabilitation, and restoration of lost or diminished functionalities of the injured person;
- Actual income lost or diminished of the injured person;
- Reasonable costs and actual lost income of the caregiver of the injured person during treatment;
- Compensation for spiritual losses.
Note: The level of compensation for spiritual losses shall be agreed upon by the parties;
If no agreement is reached, the maximum level for one person whose health is infringed shall not exceed 50 times the statutory pay rate prescribed by the State.
