How is child abuse punished?

Recently, the death of an 8-year-old girl who was violently killed made many people angry. Under current law, people who abuse children can face up to three years in prison. If not to the extent of criminal prosecution, they will also be subject to an administrative fine of 10-20 million VND.

How is child abuse punished?

How is child abuse punished? (Illustration)

1. Administrative sanctions for acts of child abuse

Pursuant to Article 22 of Decree 130/2021/ND-CP , a fine of between VND 10-20 million shall be imposed for one of the following violations:

- Forced to fast, abstain from drinking, do not give or limit personal hygiene; forced to live in a toxic, dangerous environment or other forms of ill-treatment of children;

- Causing mental harm, insulting dignity and honor, insulting, cursing, threatening, isolating, affecting the development of children;

- Isolate, expel or use punitive measures to teach children to cause physical and mental harm to children;

- Frequently threatening children with images, sounds, animals and objects that frighten children and cause mental harm.

(According to the old regulations, these acts are subject to a fine of 5-10 million VND).

In addition, remedial measures to be applied include:

- Forced to bear all expenses for medical examination and treatment (if any) for children for the above-mentioned acts.

- Forcible destruction of items harmful to children's health for acts of regularly threatening children with images, sounds, animals and objects that frighten children or cause mental harm.

2. Child abusers may be prosecuted for criminal liability

According to the provisions of Article 140 of the Penal Code on "Crime of torturing others", then:

- Those who cruelly treat or humiliate their dependents, if they do not fall into the cases specified in Article 185 of this Code, shall be sentenced to non-custodial reform for up to 3 years or a prison term of between 3 months and 2 years. .

- Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 01 and 03 years of imprisonment:

+ Against people under 16 years old, women who know they are pregnant, the elderly, weak, sick or other people who are unable to defend themselves;

+ Causing mental and behavioral disorders of the victim 11% or more;

+ For 02 people or more.

If they mistreat or mistreat grandparents, parents, spouses, children, grandchildren or people who have contributed to their care, they shall be subject to warning, non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years. In case the crime is committed against a person under 16 years old, a woman who knows she is pregnant, the elderly and weak, or a disabled person, the offenders shall be sentenced to between 2 and 5 years of imprisonment.

In addition, depending on the motives, purposes and seriousness of the consequences, the perpetrators of child abuse may face sentences (jail, life imprisonment, death penalty). Specifically:

- Crime of intentionally causing injury or causing harm to the health of children with a maximum prison term of 3 years (according to Point c, Clause 1, Article 134 of the Penal Code );

- The crime of unintentionally causing death carries a maximum prison term of 5 years (according to Clause 1, Article 128 of the Penal Code );

- Child murder carries the highest penalty of life imprisonment or death (according to Point b, Clause 1, Article 123 of the Penal Code ).

Legal grounds:

- Decree 130/2021/ND-CP ;

- Penal Code 2015 , revised in 2017 .



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