Due to being enticed by friends, my child (11 years old) participated in an incident of throwing stones at vehicles on the road.
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This action by the children was caught by the Traffic Police and an administrative penalty decision was issued. My family proactively apologized and compensated the person who was hit by the stone, and they did not file any complaints. I would like to ask if it is correct to penalize my 11-year-old child in this manner?
Reader HOA BINH (District 6, Ho Chi Minh City)
Lawyer Le Van Hoan, Ho Chi Minh City Bar Association, answers:
According to regulations in the Law on Handling Administrative Violations 2012, there are five forms of administrative penalties: 1. Warning; 2. Fine; 3. Revocation of licenses, practice certificates for a fixed term or suspension of operations for a fixed term; 4. Confiscation of exhibits and means of administrative violations (hereinafter referred to as exhibits and means of administrative violations); 5. Expulsion.
Among these, the penalties of warning and fines are stipulated and applied as primary forms of penalties. Regarding the age subject to administrative penalties, the Law on Handling Administrative Violations 2012 stipulates: Persons aged from 14 to under 16 will be administratively fined for intentional administrative violations; persons aged 16 and above will be administratively fined for all administrative violations.
In addition, the warning penalty is applied to all administrative violations committed by minors from 14 to under 16 years of age. Thus, for minors under 14 years old, the Traffic Police issuing a penalty is not conformable with the law.
Source: dantri.com.vn
