Child abuse is always a matter of great concern for parents and society as a whole in Vietnam. According to the Criminal Code 2015, any person who abuses children may face life imprisonment.
Article table of contents
Depending on the degree of danger and consequences of the act, any person who abuses children may be held administratively responsible or may be criminally prosecuted. To be specific:
Regarding administrative penalties, under Clause 2, Article 27 of Decree 144/2013/ND-CP, a fine from 5,000,000 VND to 10,000,000 VND shall be imposed for infringing on children's rights:
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Furthermore, if the degree of danger of the act is particularly serious and causes severe consequences for the child, the perpetrator shall be criminally prosecuted under one of two offenses: Deliberate infliction of bodily harm upon another person(Article 134) and Abuse (Article 140). The specific penalties are as follows:
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Deliberate infliction of bodily harm upon another person 1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 30% whole person impairment (WPI) or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment: ... c) The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person; ... 2. This offence committed in any of the following circumstances carries a penalty of 02 - 06 years' imprisonment: a) The offence causes 31% - 60% WPI for another person; b) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI; c) The offence has been committed more than once; d) Dangerous recidivism; dd) The offence results in bodily harm to another person who suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article. 3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment: a) The offence results in ≥ 61% WPI of the victim, except in the circumstances specified in Point b Clause 4 of this Article; b) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI; c) The offence results in bodily harm to another person who suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article; d) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article. 4. This offence committed in any of the following circumstances carries a penalty of 07 - 14 years' imprisonment: a) The offence results in the death of a person; b) The offence results in deformation of the victim’s face and the physical disability inflected is ≥ 61%; c) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI; d) The offence results in bodily harm to another person who suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article; dd) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article. 5. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment: a) The offence results in the death of more than one person; b) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article. 6. Any person who prepares a weapon, explosive, acid, dangerous chemical; establishes or joins a group of criminals to inflicts bodily harm upon another person and shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment. |
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Abuse ... 2. This offence committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment: a) The victim is a person aged under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person; ... |
Thus, compared to the Criminal Code 1999, the Criminal Code 2015 has replaced the term "children" with the phrase "persons under 16 years of age," a provision aimed at making the age of the harmed parties more specific and clearer. Children are considered those under 16 years of age, and perpetrators of child abuse may face the highest penalty of life imprisonment under Article 134 of the Criminal Code 2015 if the injuries inflicted on 2 or more children result in a bodily harm ratio for each child above 61%.
- Key word:
- child abuse
- VIENAM
- life imprisonment
