What are the fines imposed on the uncle for using a stick to beat his nephew in Vietnam?
According to the 2007 Law on Domestic Violence Prevention and Control in Vietnam, domestic violence is the intentional act of a family member that causes or has the potential to cause physical, mental, or economic harm to another family member.
The 2014 Law on Marriage and Family in Vietnam also stipulates: Family members include husband, wife; biological parents, adoptive parents, stepfather, stepmother, parents-in-law; biological children, adopted children, stepchildren of husband or wife, daughter-in-law, son-in-law; siblings with the same parents, half-siblings, siblings with the same mother, half-sister-in-law, half-brother-in-law; paternal and maternal grandparents; grandchildren; uncles, aunts, and biological nieces and nephews.
Based on these provisions, an uncle physically assaulting his nephew is an act of domestic violence.
Point a, Clause 2, Article 49 of Decree 167/2013/ND-CP stipulates that a fine ranging from VND 1,500,000 to VND 2,000,000 shall be imposed for acts of using tools, means, or other objects to cause injury to a family member.
In addition, if there is sufficient basis to constitute a criminal offense, the uncle may face criminal prosecution for the crime of intentionally causing injury or harm to another person's health.
Clause 22, Article 1 of the 2017 Law on Amendments to the Criminal Code stipulates as follows:
Anyone who intentionally causes injury or harm to another person’s health, with a body injury rate from 11% to 30% or less than 11% but in one of the following cases, shall be subject to community sentence for up to 3 years or imprisonment from 6 months to 3 years:
a) Using weapons, explosives, dangerous tools, or methods that can endanger many people;
b) Using dangerous acid or dangerous chemicals;
c) Against a person under 16 years old, a pregnant woman known to the perpetrator, an elderly, sick person, or other person incapable of self-defense;
d) Against one's grandparents, parents, teachers, or caregivers;
dd) In an organized manner;
e) Abusing position or power;
g) While under detention, custody, serving imprisonment, undergoing judicial education at a juvenile reform school or undergoing administrative handling at a compulsory education institution, juvenile reform school, or compulsory detoxification center;
h) Hiring others to cause injury or causing injury at the request of another party;
i) With a hooligan nature;
k) Against a person performing official duties or due to the victim's official duties.
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