What is the imprisonment penalty for abuse in Vietnam?
What is the imprisonment penalty for abuse in Vietnam?
Under Article 140 of the Criminal Code 2015 as amended by point e clause 2 Article 2 of the Law on Amendments to the Criminal Code 2017 on abuse:
Abuse
1. A person who maltreats or humiliates his/her dependent, except in the circumstances specified in Article 185 hereof, shall face a penalty of up to 03 years' community sentence or 03 - 24 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment:
a) The victim is a person aged under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person;
b) The victim suffers from ≥ 31% mental and behavioral disability because of the offence;
c) The offence is committed against 02 or more people.
According to the above provisions, any person who maltreats or humiliates his/her dependent, if not falling under the cases specified in the Crime of maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver, shall face criminal prosecution for abuse.
That person found may face a penalty of up to 03 years' community sentence or 03 - 24 months' imprisonment.
What is the imprisonment penalty for abuse in Vietnam? (Image from the Internet)
What is the age of criminal liability for abuse in Vietnam?
Under Article 12 of the Criminal Code 2015 as amended by Clause 3 Article 1 of the Law on Amendments to the Criminal Code 2017 on the age of criminal liability:
Age of criminal liability
1. A person from 16 years of age and above shall bear criminal liability for every crime, except for those otherwise prescribed by this document.
2. A person from 14 years of age to be low 16 years of age shall bear criminal liability for very serious crimes and extremely serious crimes specified in 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, 304 hereof.”
Thus, a person aged 16 or above shall bear criminal liability for abuse.
In case the victim is aged under 16, is it considered an aggravating factor in Vietnam?
Under Article 52 of the Criminal Code 2015 as amended by point b clause 2 Article 2 of the Law on Amendments to the Criminal Code 2017 stipulates the aggravating circumstances for criminal liability:
Aggravating factors
1. The following circumstances are considered aggravating factors:
a) Organized crime;
b) The crime is committed in a professional manner;
c) The offender abuses his/her position or power to commit the crime;
d) The crime is of a gangster-like nature;
dd) The crime is committed by despicable motives;
e) The offender is determined to commit the crime to the end;
g) The offence has been committed more than once;
h) Recidivism or dangerous recidivism;
i) The crime is committed against a person under 16 years of age, pregnant woman or a person aged 70 years or older;
k) 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;
l) The offender takes advantage of war, state of emergency, natural disaster, epidemic or other tragic circumstances of society to commit the crime;
m) The offender makes use of a sophisticated, deceitful or ruthless trick to commit the crime;
n) The offender uses a trick or instrument capable of harming many people to commit the crime;
o) The offender incites a person aged under 18 to commit the crime;
p) The offender has deceitful or violent actions to conceal the crime.
2. Circumstances defined by this document as the basis for determination of a crime or sentence bracket shall not be considered an aggravating factor.
Thus, in case the victim is aged under 16, it is considered an aggravating factor for criminal liability.
However, this case defined by this document as the basis for the determination of a crime or sentence bracket shall not be considered an aggravating factor.
