What is the time limit for criminal prosecution regarding deliberate infliction of bodily harm in Vietnam?

What is the time limit for criminal prosecution regarding deliberate infliction of bodily harm in Vietnam?

Hello Lawnet. In 2019, my brother deliberately inflicted bodily harm upon another person and caused 31% WPI. However, he ran away from where he lived. I have a question. What is the time limit for criminal prosecution regarding deliberate infliction of bodily harm in Vietnam? Thank you!

Answer:

Pursuant to Clause 2.a Article 134 of the Criminal Code in 2015 (amended by Clause 22 Article 1 of the Law on amendments to the Criminal Code in 2017), a person who deliberately inflicts bodily harm upon another people and causes 31% - 60% WPI shall face a penalty of 02 - 06 years' imprisonment.

Pursuant to Clause 2.b Article 9 of the Criminal Code in 2015 (amended by Clause 2 Article 1 of the Law on amendments to the Criminal Code in 2017), your brother committed serious crime.

Pursuant to Clause 2.b Article 27 of the Criminal Code in 2015, the time limit for criminal prosecution for serious crimes is 10 years.

As regulations above, your brother's case is still within the time for criminal prosecution. He shall be liable for criminal prosecution as above.

What is the time limit for criminal prosecution regarding deliberate infliction of bodily harm in Vietnam?

Hello Lawnet. I need your help for the following case. Mr. Van and his friends went to the pub. They had a conflict with another group. Then, Mr. Van and his friend brought some weapons to fight. However, Mr. Van didn't directly participate in the fight, and he also didn't intervene the fight. As a result, one person in the other group was injured 32% and a car was damaged. Currently, Mr. Van and his group of friends are being investigated for criminal responsibility for deliberate infliction of bodily harm. Van and his friends visited, apologized and compensated the victims. As for Mr. Van, he has no criminal record, his identity is clean, he also regrets his behavior and has sincerely declared.  Can he get a suspended sentence?

Answer:

Pursuant to Clause 3 Article 17 of the Criminal Code in 2015 stipulating complicity as follows:

An accomplice means an organizer, perpetrator, instigator or abettor.

Perpetrator means the person who directly commits the crime.

Organizer means the mastermind behind the commission of the crime.

Instigator means the person entice or encourage other people to commit the crime.

Helper means the person who provides spiritual or material assistance in the commission of the crime.

Thus, in this case, Mr. Van is the person who did not directly cause injury to others. However, he carried his friends to get the weapon to commit the crime. Therefore, according to the provisions of the above Law, Mr. Van is the helper, and the helper is an accomplice. Therefore, even though he is not directly involved in causing injury, he will still be criminally prosecuted for the crime of deliberate infliction of bodily harm.

According to the information you provided, Mr. Van has 2 extenuating circumstances specified at Points b and s, Clause 1, Article 51 of the Criminal Code in 2015 which is voluntary repair, compensation for damage or remedial consequences and sincerity.

According to Clause 1, Article 54 of the Criminal Code in 2015, which prescribes the penalty below the lowest level of the applicable penalty frame, then:

The court may decide on a penalty below the minimum of the applicable penalty bracket but must be in the adjacent lighter penalty bracket of the law when the offender has at least two extenuating circumstances specified in Clause 1, Article 51 of the Criminal Code in 2015.

Pursuant to the above provisions and Article 134 of the Criminal Code in 2015 (amended by Clause 22, Article 1 of the Law on amendments to the Criminal Code in 2017), Mr. Van may be considered to reduce the penalty level from the penalty bracket in Clause 2 to Clause 1, Article 134 of the Criminal Code in 2015 (amended by Clause 22, Article 1 of the Law on amendments to the Criminal Code in 2017). Accordingly, the highest penalty in Clause 1, Article 104 of the Criminal Code in 2015 is imprisonment for up to 3 years.

But according to the provisions of Clause 1, Article 65 of the Criminal Code in 2015, when sentenced to imprisonment for not more than three years, based on the identity of the offender and the extenuating circumstances, if it is deemed that it is not necessary to enforce the imprisonment penalty, the Court shall grant the suspended sentence and fix the probation period from one year to five years.

Thus, according to the above analysis, Mr. Van can be served a suspended sentence without serving a prison sentence.

If a child deliberately inflicts bodily harm on other people, but his/her family is family with meritorious services to the revolution, is it considered a mitigating factor?

Recently, my child was prosecuted for intentionally causing injury. Even though he knew he was responsible for the behavior he caused, I still felt hurt for him. My family is a revolutionary family. Can I ask if my child can have a reduced penalty?

Answer:

Pursuant to Clause 1 Article 51 of the Criminal Code in 2015 (amended by Clause 6 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating mitigating factors as follows:

a) The offender has prevented or reduced the harm caused by the crime;

b) The offender voluntarily makes rectification, pays damages or relieves the consequences;

c) The crime is considered unjustified force in self-defense;

d) The crime is considered unjustified force in urgent circumstance;

dd) The crime is considered unjustified force in capturing a criminal;

e) The crime is committed under provocation caused by the victim's illegal acts;

g) The crime is committed because of extreme hardship that is not on the offender's account;

h) The crime has not inflicted damage or the damage inflicted is not significant;

i) The offender commits a less serious crime and does not have prior criminal record;

k) The crime is committed because the offender threatened or coerced by others;

l) The offender commits the crime while because of lack of awareness that is not on his/her account;

m) The crime is committed due to obsolescence;

n) The offender is a pregnant woman;

o) The offender is 70 years of age or older;

p) The offender has a serious physical disability or extremely serious physical disability;

g) The offender has a disease that limits his/her awareness or control of his/her acts;

r) The offender turns himself/herself in;

s) The offender expresses cooperative attitude and/or contrition;

t)  The offender fully cooperates with responsible for authorities in discovery of crimes or during the investigation;

u) The offender has made reparation in an effort to atone for the crime;

v) The offender is an excellent worker, soldier or student;

x) The offender is revolutionist, parent, spouse or child of a war martyr or war veteran.

As regulations above, revolutionary family is not a mitigating factor.

Best regards!