Are people who cause traffic accident in Vietnam imprisoned if the victims agree to forgive the violation?

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According to Clause 1, Article 155 of the Criminal Procedure Code 2015 which stipulates the initiation of a criminal case at the request of the victim, the proceeding authorities may only initiate a criminal case for offenses specified in Clause 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155, 156, and 226 of the Ciminal Code 2015 when requested by the victim or the representative of a victim who is under 18 years old, has mental or physical disadvantages, or has passed away.

It is evident that the offense of violating road traffic regulations in Vietnam is not among those that require a request from the victim to be prosecuted. Therefore, the request from the victim's family not to prosecute the person responsible for the accident will not serve as a basis for the prosecuting authorities to suspend the case.

The person responsible for the accident will still be criminally prosecuted for the offense of Violating Road Traffic Regulations under Article 260 of the Ciminal Code 2015. According to Clause 2, Article 51 of the Ciminal Code 2015, the victim's family's request not to prosecute (request for non-prosecution) may be considered as a mitigating factor for the person causing the accident, but it is not a basis for the prosecuting authorities to avoid legal action.

Article 260. Offense of Violating Road Traffic Regulations

1. Any person who participates in road traffic and violates road traffic safety regulations under any of the following circumstances shall be subject to a fine ranging from VND 30,000,000 to VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment from 1 to 5 years:

a) Causing the death of one person or causing injury or harm to the health of one person with a body injury rate of 61% or higher;

b) Causing injury or harm to the health of two people, each with a body injury rate from 31% to 60%;

c) Causing injury or harm to the health of three or more people with a total body injury rate from 61% to 121%;

d) Causing property damage ranging from VND 100,000,000 to below VND 500,000,000.

2. If the offense falls under any of the following circumstances, the offender shall be subject to imprisonment from 3 to 10 years:

a) Without a driving license as prescribed;

b) Under the influence of alcohol, beer with a blood or breath alcohol concentration exceeding the prescribed limit, or using narcotics or other strong stimulants prohibited by law;

c) Causing an accident and fleeing to evade responsibility or intentionally failing to help the victim;

d) Disobeying orders from traffic controllers or guides;

dd) Causing the death of two people;

e) Causing injury or harm to the health of two people, each with a body injury rate of 61% or higher;

g) Causing injury or harm to the health of three or more people with a total body injury rate from 122% to 200%;

h) Causing property damage ranging from VND 500,000,000 to below VND 1,500,000,000.

3. If the offense falls under any of the following circumstances, the offender shall be subject to imprisonment from 7 to 15 years:

a) Causing the death of three or more people;

b) Causing injury or harm to the health of three people, each with a body injury rate of 61% or higher;

c) Causing injury or harm to the health of three or more people with a total body injury rate of 201% or higher;

d) Causing property damage of VND 1,500,000,000 or more.

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- Nguyen Trinh -

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