"Jealousy Fights" and Legal Regulations

Jealousy is an emotional and psychological state of a human reflecting negative thoughts expressed through feelings of insecurity, fear, anger, selfishness, feeling inferior, and anxiety about loss. While jealousy is an emotional and psychological state and humans have the right to express it, the expression of these feelings must be controlled by reason and self-control.

There have been numerous cases where, upon discovering their partner engaged in illicit relations, some individuals have resorted to acts of public brawling, partly to "vent" their anger and partially because they believe it is the best measure to protect their marriage. Currently, perhaps no scientific studies define "public brawling" specifically, identify its origins, or gauge its prevalence. However, instances of public brawling are not uncommon in everyday life. Recently, a video clip circulated online showing a public brawl where a woman was stripped, had her hair cut, and was physically assaulted outside a large supermarket. The actions of the assailant in this clip violated the physical integrity and dignity of the woman being assaulted.

Vietnamese law does not define what constitutes public brawling or how it should be addressed. However, certain factors can be identified through the act of brawling to evaluate the behavior's severity and implement appropriate measures. Sometimes individuals consumed by excessive jealousy unintentionally resort to violent actions or words that infringe on the health, life, honor, and dignity of others. Depending on the severity of the behavior and its consequences, these actions can result in administrative penalties or criminal liability if they meet the criteria for a crime.

Penalties for Disturbing Public Order

Public brawling can constitute an administrative offense related to public order, safety, and security, and can be penalized under Article 5, Section 1, Chapter 2 of Decree 167/2013/ND-CP with fines ranging from a minimum of VND 100,000 to a maximum of VND 5,000,000. Specific acts include:

- Using coarse, provocative, teasing, or insulting language towards others;- Disrupting public order;- Inciting or persuading others to disrupt public order...

Handling the Crime of Intentional Infliction of Injury

Under Article 104 of the 1999 Penal Code, anyone who intentionally inflicts injury or harm to another's health, where the injury rate is between 11% to 30%, or under 11% but in specific circumstances, can be sentenced to non-custodial reform for up to three years or imprisonment for six months to three years. Specific circumstances include:

- Using dangerous weapons or causing harm to many people;- Causing minor but permanent injury to the victim;- Repeatedly committing the crime against the same person or multiple people;- Targeting children, pregnant women, elderly or sick persons, or others unable to defend themselves;- Targeting one's grandparent, parent, custodian, teacher;- Acting with complicity;- Acting while under temporary detention, imprisonment, or in a re-education facility;- Hiring or hired to inflict injury;- Exhibiting thuggish behavior or dangerous repeat offense;- Obstructing law enforcement or due to a victim's official capacity.

Penalties for this crime include non-custodial reform, fixed-term imprisonment, and life imprisonment.

Crime of Humiliation

Humiliation involves severely insulting another's dignity and honor. A perpetrator of this crime engages in acts (through words or actions) that significantly insult another's dignity and honor, such as cursing, shaving the head, cutting hair, stripping clothing, or filming... The Penal Code stipulates the following penalties for such acts:

"1. Anyone severely insulting another's dignity and honor will face a warning, non-custodial reform for up to two years, or imprisonment for three months to two years. 2. Acts of this crime in specific circumstances, including repeated offenses, multiple victims, abuse of position, against officials on duty, or against those providing care, education, or treatment, will result in imprisonment for one to three years. 3. Offenders may also face job bans or professional suspension for one to five years."

Therefore, any act of stripping clothing, cutting hair, filming the victim, and distributing the footage for the purpose of insulting the victim's dignity and honor will lead to criminal prosecution under the Crime of Humiliation as specified in Article 121 of the Penal Code. Penalties for such acts include warnings, non-custodial reform for up to two years, or imprisonment for three months to two years.

It is challenging to prescribe a universal solution for addressing marital infidelity. Typically, in such cases, all three parties involved — the wife, the husband, and the extramarital partner — share some degree of fault. However, upon discovering their partner's extramarital affairs, individuals should remain calm to avoid any impulsive actions like brawling, which might result in legal consequences.

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