Husband Uses Baseball Bat to Beat Wife, Does the Commune Chairman Have the Authority to Confiscate?
Based on Clause 1, Article 67, Article 167/2013/ND-CP which stipulates the authority to impose administrative penalties by the President of the People's Committee at different levels as follows:
The President of the People's Committee of the commune level has the authority to:
- Issue a warning;
- Impose fines up to VND 3,000,000 for administrative violations in the field of family violence prevention and control; up to VND 4,000,000 for administrative violations in the field of security, order, and social safety, and the field of social evils prevention and control; up to VND 5,000,000 for administrative violations in the field of fire prevention and firefighting;
Confiscate materials and means of administrative violations valued not exceeding the fine amount stipulated in Point b of this Clause.
- Apply remedial measures as stipulated in Points a, b, c, and d, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
Based on Article 49 of Decree 167/2013/ND-CP, the regulations are as follows:
Acts of infringing upon the health of family members
A fine ranging from VND 1,000,000 to VND 1,500,000 shall be imposed for acts of physical assault causing injury to a family member.
A fine ranging from VND 1,500,000 to VND 2,000,000 shall be imposed for one of the following acts:
a) Using tools, means, or other items to cause injury to a family member;
b) Failing to promptly take the victim to emergency treatment when the victim requires prompt emergency care or failing to care for the victim during the victim's treatment period due to family violence, except in cases where the victim refuses.
- Remedial measures:
Compulsory public apology upon the victim's request for the acts specified in Clause 1 and Clause 2 of this Article.
Thus, according to your statement, you committed violence against your wife using a baseball bat you purchased from a shop for VND 800,000. Although the authority can impose fines up to VND 3,000,000, the case of the President of the commune People's Committee confiscating the baseball bat is unfounded, as the remedial measure for this act is a public apology upon the victim's request.
Respectfully!
