Does the marrow are domestic violence or not?

Grounds for evaluating the wife and their domestic violence acts

Under Article 2 of the 2007 Law on Domestic Violence Prevention and Control, the following regulations on domestic violence acts:

- Domestic violence acts include:

+ Persecuting, ill-treating, beating or otherwise intentionally harming health and life;

+ Insulting or other intentional acts hurting the honor and dignity;

+ Isolating, shunning or creating constant psychological pressure, thus causing serious consequences;

+ Preventing the exercise of rights and obligations in the relationship between grandparents and grandchildren; between parents and children; between spouses; between brothers and sisters;

+ Forced sex;

+ Forcing marriage; forcing marriage, divorce or hindering voluntary and progressive marriage;

+ Appropriating, damaging or otherwise intentionally damaging the private property of other family members or the common property of family members;

+ Forcing other family members to overwork or to contribute financially beyond their capabilities; controlling their incomes in order to create financial dependence;

+ Committing illegal acts forcing family members to leave their domiciles.

- Violence acts referred to in paragraph 1 of this Article shall be also applicable to family members of the wife or husband who have been divorced or where the couple have not registered their marriage but live together as husband and wife.

Therefore, the married couple is considered as one of domestic violence acts according to Point a, Clause 1, Article 2 of the 2007 Law on Domestic Violence Prevention and Control.

Does the marrow are domestic violence or not?

Handling of the husband and wife often

In accordance with Article 52 of the Decree No. 144/2021/ND-CP, the following penalties shall be imposed on married husband and wife:

"Article 52.- Acts of harming health of family members

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for beat causing injury to family members. "

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:

a) Using tools, means or other objects to cause injury to family members;

b) Failing to take the victim for emergency treatment in case the victim needs timely emergency or failing to take care of the victim during the treatment of injury due to domestic violence, unless the victim refuses;

3. Remedial measures:

a) Coercively making public apology upon the victim's requirement for the acts specified in Clause 1 and 2 of this Article;

b) Enforced payment of medical costs if the violation prescribed in Clause 1 or Point a Clause 2 of this Article is committed."

Accordingly, the administrative violation committed by the husband shall be dealt with to the lowest level from VND 5,000,000 to VND 10,000,000. Besides, the husband and the wife must make public apology when the victim of family factor requests and be compelled to pay all medical examination and treatment costs to the wife     ;

Apart from incurring penalties for administrative violations, the husband may face criminal prosecution as prescribed in Article 134 of the 2015 Criminal Code (amended by Clause 22 Article 1 of the Law on amendments to the 2017's Criminal Code):

"Article 134. Article 107.- Inflicting injury on or causing harm to the health of other persons while performing official duty

1. Anyone who intentionally causes injury to or harms the health of another person with an intention of causing harm to the victim's health

The body injury rate of between 11% and 30% or under 11% but falling into one of the following cases shall be subject to non-custodial reform for up to three years or a prison term of between six months and three years:

….

b) Using dangerous acid or dangerous chemicals;

c) For persons under 16 years of age, women who are known as pregnant, the elderly, sick persons or other persons who are incapable of self-defense;

….

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) Inflicting injury on or causing harm to the health of other persons with an infirmity rate of from 31% to 60%;

b) Inflicting injury on or causing harm to the health of 02 people or more with the body injury rate of from 11% to 30%;

c) Committing the crime more than once;

….

6. Those who intentionally injure or cause harm to the health of other persons with an infirmity rate of from 03 to 02 years shall be sentenced to non-custodial reform for up to 03 years or between 03 months and 02 years of imprisonment."

Accordingly, a married person with domestic violence acts may be liable to criminal prosecution for the crime of deliberately inflicting injury on or causing harm to the health of other persons when he/she falls into one of the cases stipulated above.

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