Jealousy attack is a common term AND refers to verbal or physical acts by a person toward someone they believe to have an illicit romantic relationship with their spouse. However, depending on the severity and nature of the act, the person engaged in jealousy attacks may face administrative penalties and even criminal prosecution. What are the guidelines for legal jealousy attack?
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Vietnam: What are the guidelines for legal jealousy attack? (Illustrative image)
1. Do not insult the opponent, even verbally
In cases where the person committing the jealousy attack engages in rude gestures, provocative speech, or humiliating the honor and dignity of others but not to the extent of criminal prosecution, they will be subject to administrative fines ranging from VND 100,000 to VND 300,000 as stipulated in point a, clause 1, Article 5 of Decree 167/2013/ND-CP.
If such an act causes serious consequences, the individual may be criminally prosecuted under Article 155 of the Criminal Code for insults to another person. The violator can be subject to a caution or a fine ranging from VND 10,000,000 to VND 30,000,000, a penalty of up to 02 years' community sentence, or up to 05 years' imprisonment.
Therefore, lawful jealousy requires no provocative acts, verbal humiliations, or demeaning conduct towards others, or else it will be subject to legal punishment.
2. Do not gather a crowd for the jealousy attack
Gathering many people to participate in a jealousy attack in a public place, depending on the nature and severity of the act, can result in a fine ranging from VND 500,000 to VND 1,000,000 as stipulated in point d, clause 2, Article 5 of Decree 167/2013/ND-CP for assembling a crowd in public causing public disorder. Or the perpetrator can be fined for enticing or inciting others to cause public disorder under point b, clause 2, Article 5 of Decree 167/2013/ND-CP with a fine ranging from VND 2,000,000 to VND 3,000,000.
Thus, those committing a jealousy attack should be cautious not to foolishly involve relatives or friends, risking penalties.
3. Absolutely do not physically assault or injure the opponent
If a perpetrator assaults or hires someone else to assault the “rival,” they can be fined ranging from VND 2,000,000 to VND 3,000,000 under point e, clause 3, Article 5 of Decree 167/2013/ND-CP.
In case the jealousy attack results in injury to the opponent, depending on the nature and severity, the perpetrator can be criminally prosecuted for Intentional Infliction of Injury under Article 134 of the current Criminal Code. Causing injuries ranging from 11% to 30% or below 11% but under circumstances such as using acid, dangerous chemicals, dangerous weapons, causing minor deformities, etc., can result in a community sentence of up to 3 years or imprisonment ranging from 6 months to 3 years; injuries exceeding 30% can result in a penalty of 12 - 120 years' imprisonment or even life imprisonment.
Additionally, jealousy attacks that result in death can lead to criminal prosecution for murder, with the highest penalty being the death sentence.
4. Exsicise the right to make denunciations to local authorities or police authorities
One should not humiliate, assault, or hire someone to harm the health, or injure the opponent, but instead can use a very effective, lawful tool for dealing with jealousy. That is reporting the violation of the monogamy policy by the “rival” and one's spouse to local authorities or the police for handling.
Under current law, a married person cohabiting as husband and wife with another individual, or an unmarried person cohabiting as husband and wife knowing that the other person is married will be administratively fined between VND 3,000,000 and VND 5,000,000 according to clause 1, Article 59 of Decree 82/2020/ND-CP.
Anyone previously fined for this act and continues to violate may face criminal prosecution under clause 1, Article 182 of the Criminal Code, with a penalty of a caution, up to 01 year' community sentence, or 03 - 12 months' imprisonment.
In practice, many people, upon discovering their spouse's infidelity, are often advised to file a report with local authorities or the police authorities for education and handling but refuse to do so, preferring to resolve matters themselves or endure silently. When the tolerance reaches its peak, inevitable jealousy attacks ensue. Thus, from being victims of infidelity, they become law violators. Calmly examining the situation from a legal standpoint to resolve issues can help them avoid unnecessary risks.
Duc Thao
