Can a Teacher Be Criminally Prosecuted for Physically Abusing a Student?

Teacher hitting students causing bruises - Illustration photo

Regarding this issue, the editorial board of THU KY LUAT has the following response:

According to the provisions of Article 134 of the Criminal Code 2015(amended in 2017):

Article 134. Offense of intentionally causing injury or harm to the health of others

1. Whoever intentionally causes injury or harm to the health of another person with a bodily injury rate between 11% and 30% or less than 11% but in one of the following cases, shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:...c) Against a person under 16 years old, a pregnant woman, an elderly, sick person, or anyone else who is unable to defend themselves.

In the case where a teacher hits a student causing bruises, a forensic medical and psychiatric examination of the student is needed to determine the extent of the consequences caused by the teacher's actions.

According to Circular 22/2019/TT-BYT, the percentage of bodily injury rate used in forensic examination, bruises are not calculated into the percentage of bodily injuries (Table 1 of this Circular).

However, the percentage of bodily injuries also includes sequelae of mental and behavioral disorders. For example, if a teacher hitting a student causes the student to experience severe stress reactions and maladaptive disorders requiring unstable treatment, the injury rate is determined to be between 21% - 25% (Table 4 of Circular 22/2019/TT-BYT). Additionally, other mental consequences from violent education methods such as anxiety disorders, obsessional disorders, habit and impulse control disorders, eating disorders, sleep disorders, hyperactivity and behavioral issues in adolescents, etc.

Therefore, if the student only has bruises and no mental impact, the teacher's conduct will not constitute a crime. However, if the student develops the aforementioned mental disorders, the teacher may face criminal liability. This teacher could be subject to non-custodial reform for up to 3 years or imprisonment for up to 3 years.

Additionally, the teacher may also face disciplinary action according to the following regulations:

Pursuant to Decree 27/2012/ND-CP on disciplinary action against public employees:

Article 11. Warning

...

10. Being sentenced to non-custodial reform or suspended imprisonment for public employees not holding managerial positions, except in cases specified in Clause 1, Article 13 of this Decree;

Article 12. Dismissal

The form of disciplinary action by dismissal applies to managing public employees who commit one of the following legal violations:

...

3. Being sentenced to non-custodial reform or suspended imprisonment.

Article 13. Forced resignation

The form of disciplinary action by forced resignation applies to public employees who commit one of the following legal violations:1. Being sentenced to imprisonment without suspension.

In this case, it is necessary to base on the court's judgment to determine the corresponding disciplinary action against the teacher.

In addition, if this teacher is also a Communist Party member, according to Clause 5, Article 2 of Regulation 102-QD/TW on disciplinary actions against Communist Party members issued by the Central Executive Committee, a Communist Party member who violates the law to the extent of being prosecuted for criminal liability must be prosecuted for criminal responsibility, not "internally handled"; if sentenced to non-custodial reform or higher, the member must be expelled; if subject to penalties lower than non-custodial reform or exempt from criminal responsibility, administrative penalties will be considered based on the content, extent, nature, harm, causes of the violation, and aggravating or mitigating circumstances for appropriate Party discipline.

Hai Thanh

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