Dealing with the Case of Abusing One's Stepfather

Article 185 of the Criminal Code 2015 stipulates:

Anyone who mistreats or commits acts of violence infringing upon the physical integrity of grandparents, parents, spouses, children, grandchildren, or persons who have raised them in the following cases, shall be subject to a warning, non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years:

a) Frequently causes the victim physical or mental pain;

b) Has been administratively sanctioned for this act but continues to commit violations.

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According to Article 6 and Article 7 of the Law on Handling of Administrative Violations 2012, the statute of limitations for handling administrative violations in this case is 1 year.

Individuals and organizations sanctioned for administrative violations, if within 6 months from the date of compliance with the decision to sanction by warning or 1 year from the date of compliance with other administrative sanction decisions or from the expiration of the statute of limitations for enforcing the administrative sanction decision, do not repeat the offense shall be considered as not having been administratively sanctioned.

Thus, in accordance with your case, if your relative was administratively sanctioned for the act of mistreating their stepfather in January 2017, then as of January 2018, the statute of limitations has expired, and they are considered not to have been administratively sanctioned. Therefore, if your relative commits acts of mistreatment against their stepfather after this period, it will be considered a first-time violation and will result in an administrative sanction without being prosecuted for the crime of mistreatment or abuse of grandparents, parents, spouses, children, grandchildren, or persons who have raised them (if not covered under point a, Clause 1 of the Article).

Penalty level: According to Article 50 of Decree 167/2013/ND-CP, a fine ranging from 1,500,000 VND to 2,000,000 VND shall be imposed for acts of abusing or mistreating family members.

Sincerely!