Principles for determining the percentages of WPI in criminal cases in Vietnam

Principles for determining the percentages of WPI in criminal cases in Vietnam (Internet image)

Principles for determining the percentages of WPI in criminal cases

In criminal cases, the percentages of WPI is used to determine whether a person's actions qualify as a crime or to determine the level of compensation in cases where a court decision requires compensation.

According to the regulations in Article 3 of Circular 22/2019/TT-BYT, the determination of the percentages of WPI must adhere to the following principles:

- The total percentages of WPI for an individual must be less than 100%.

- Each injured body part can only be counted once in the calculation of the percentages of WPI. If this body part is injured and causes complications or sequelae in a second part that has been identified, then the percentages of WPI due to complications or sequelae in the second part is also included.

- If multiple bodily injuries are symptoms of a syndrome or a disease listed in the Tables of percentages of bodily injuries, then the percentages of WPI is determined according to that syndrome or disease.

- When calculating the percentages of WPI, only two decimal places are considered, and the final result is rounded to obtain an integer total percentage (if the decimal place is equal to or greater than 0.5, it is rounded up to 01 unit).

- When calculating the percentages of WPI for a symmetrical body part or a functionally connected part where one side is injured or has an existing pathology, the percentages of WPI is calculated for both the injured part and the part with the existing pathology.

- During the examination, based on the actual injuries and the extent of their impact on the person's life and occupation, the examiner evaluates and determines the percentages of WPI within the corresponding range of the Tables of percentages of bodily injuries.

- For body parts that have lost function and are now injured, the percentages of WPI is calculated as 30% of the percentages of WPI for that part.

- In cases where the same person requires both forensic and psychiatric examinations (according to a decision or request), the examination organization conducts a comprehensive examination by adding the percentages of WPI according to the method specified in Article 4 of Circular 22/2019/TT-BYT.

Persons who commit acts causing how many percentages of WPI will be subject to criminal liability?

Currently, the Criminal Code 2015 amended and supplemented by the Law amending the Criminal Code 2017 (hereinafter referred to as the Criminal Code 2015) is using the rate of bodily injury to frame many Crimes such as causing injury, rape, human trafficking, etc.

In which, Clause 1, Article 134 of the Criminal Code 2015 stipulates the crime of Deliberate infliction of bodily harm upon another person as follows:

"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:

a) Explosive, a dangerous weapon, a dangerous method is used to harm numerous people;

b) Acid or a hazardous chemical is used;

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;

d) The victim is the offender's grandparent, parent, caregiver, teacher or physician;

dd) The offence is committed by an organized group;

e) The offender misuses his/her position or power to commit the offence;

g) The offender commits the crime while being kept in temporary detention, serving an imprisonment sentence, receiving compulsory education in a reform school, correctional institution or rehabilitation center;

h) The offence hires another person or is hired by another person to inflict bodily harm to another person;

i) The offence is of a gangster-like nature;

k) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties.”

Thus, a person can be criminally prosecuted regardless of the level of bodily injury if the crime falls into the cases in Clause 1, Article 134 of the Criminal Code 2015.

Truong Quang Vinh

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