Breaking the law is a negative phenomenon, affecting and making society lose its stability. Violating the law also harms and infringes upon the lawful and legitimate interests of individuals, organizations, and society. So what are the full signs of breaking the law? Today, LSX Lawfirm will give you an article about “What are the full signs of breaking Vietnamese law?“, as follows:
The full signs of breaking the law
Violating the law is an illegal act, the fault of a subject with legal capacity, that infringes on social relations protected by law.
Constituents of a violation of the law are typical signs of a particular violation of the law. Violating the law includes 4 components: objective side, subjective side, subject, and object.
Subjects of law violation are individuals or organizations that have the legal capacity and have committed illegal acts. Each type of law violation has its own structure, depending on the extent of damage to social relations protected by the law.
The object of law violation is a social relationship that protect by law but is infringed upon by illegal acts. The nature of the object that violates the law is also a factor to assess the level of danger in illegal acts. As one of the bases for classifying illegal acts.
The subjective side of breaking the law includes errors, motives, and purposes of breaking the law
– Error is a psychological state that shows the subject’s negative attitude towards bad consequences in his behavior (foreseeing bad consequences in his behavior but still doing it) and in the act itself. that (active, conscious act….) at the time the subject commits that illegal act.
– Errors divided into two categories: intentional and unintentional
Intentional errors include:
– The direct intentional fault is the fault of a subject when performing an illegal act, well aware that his/her act is illegal, foresees the consequences of that act, and wishes for that consequence to happen.
– Indirect intentional error: is the fault of a subject when performing an illegal act, fully aware that his/her act is illegal, foreseeing the consequences of that act, although it is undesirable, but has good intentions. wake up to let those consequences happen.
+ Accidental errors include:
Negligence due to negligence: is the fault of a subject that has caused harmful consequences to society, but because of his carelessness, he did not foresee that his actions might cause such consequences, although he could foresee and consequences must be foreseen.
Unintentional error due to overconfidence: is the fault of a subject who, though foreseeing that his behavior may cause dangerous consequences for society, is convinced that such consequences will not happen or can be prevented. implemented and can cause dangerous consequences for society.
Motivation is what motivates the subject to commit illegal acts.
The purpose is the final result that the law-breaking subject wishes to achieve when performing the law-breaking act.
The objective side of breaking the law
The objective side of breaking the law is the manifestation outside the objective world of breaking the law. It includes illegal acts, damage to society; and the causal relationship between illegal acts and damage to society, time, place, and means of violation. First of all, it is necessary to determine whether the incident that has just happened is due to human behavior or not, if so, is that behavior illegal, if it is against the law, then how. Damage to society is material or mental loss caused by illegal acts.
Signs of breaking the law
Violating the law has the following basic signs:
1) Firstly, Human behavior includes act and inaction;
2) Secondly, It is an illegal wallet act. Illegality. precipitating acts manifested in the workplace not doing; what the law allows, not doing or not doing fully; what the law is require to do, or doing what the law prohibits;
3) Thirdly, Is an act containing the subject’s fault – a psychological state; showing the subject’s negative attitude towards his/her behavior at the time the subject commits the illegal act;
4) Finally, Is an act perform by a subject with legal capacity (if the subject of the illegal act is an individual; he or she must reach the age of legal responsibility according to law, and must not suffer from mental illnesses). spirit, capable of perceiving the dangerous social consequences of his actions and their legal consequences). Depending on the nature of the violation, the harmful consequences and the degree of danger to society of the act, as well as the nature of the sanctions that can applied to the behavior for which the violation of the law is recognize. It divided into two types; which are crimes and violations, which violations can be administrative violations, civil violations, and violations of state discipline.
How are violations classified?
Violations of the law divided into four categories; including criminal violations, administrative violations, violations of state discipline, and civil law violations.
Violation of the criminal law
It is also known as a crime. According to Vietnam’s criminal law, a crime is an act dangerous to society specified in the Penal Code, committed intentionally or unintentionally by a person with criminal capacity, infringing upon the privacy of the community; establishment, sovereignty, unification; and territorial integrity of the Fatherland infringing upon the political regime, economic regime, culture, national defense, security, social order and safety, legitimate rights and interests organization; infringing upon the life, health, honor, dignity, freedom, property, and other legitimate rights and interests of citizens, infringing upon other areas of the socialist legal order.
Administrative Violations
Accordingly to Vietnam’s law on handling administrative violations, an administrative violation an act committed by a subject with administrative responsibility; that is contrary to the provisions of the law on state management but is not a criminal offense; crimes or contrary to the provisions of the law on security, social order, and safety but not to the extent that they are subject to criminal prosecution and must administratively handled according to the provisions of law.
A civil violation
It is an illegal act and the fault of a subject with civil liability; that infringes upon property relations and non-property personal relationships.
Discipline violation
This is an act of the subject’s fault that is contrary to the regulations; and rules for establishing order within the agency or organization; that is, failing to properly observe the discipline of labor, study, work, or services set out; within that agency or organization.
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Related questions
Accordingly to the provisions of article 132 of the Penal Code 2015, revised 2017 (the crime of “Failing to help someone in a life-threatening situation”), anyone who sees another person is in a life-threatening situation, but failing to help him under conditions, resulting in his death, shall be subject to warning, non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.
According to Point a, Clause 1, Article 5 of the 2012 Law on Handling of Administrative Violations: Persons from full 14 years old to under 16 years old shall be administratively sanctioned for intentional administrative violations; persons aged full 16 years or older shall be administratively sanctioned for all administrative violations.
Thus, only those under 14 years old and those from 14 to under 16 years old who violate the administrative law due to unintentional errors will not be sanctioned for administrative law violation.
However, persons aged between full 12 and under 14 years old who commit acts with signs of a very serious or particularly serious crime intentionally specified in the Penal Code shall be subject to the measure of education at commune, ward, or township or sent to a reformatory.
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