Crime of harassing other people’s family happiness according to Vietnamese law
Hello Lawyer X, after more than 10 years of marriage, I discovered that my husband had an affair with another person and was intending to divorce me. I wonder if the act of disturbing other people’s family happiness will be punished? Please advise.
Hi, acts of adultery are prohibited acts in the Law on Marriage and Family 2014, based on point c, clause 2, article 5 of the Law on Marriage and Family 2014. So acts of harassing other people’s family happiness is it a crime? Let’s find out with Lawyer X.
Legal grounds
Law on marriage and family 2014
Penal Code 2015 amended and supplemented in 2017
What behaviors are considered harassment to destroy other people’s family happiness?
A person who is romantically, sexually, or cohabiting with a legally married person.
A person who is legally married but is still in a relationship, sexually, or living with another person as husband and wife.
In cases where it is known that this person has a legal spouse but continues to have a romantic relationship, it can be considered as deliberately sabotaging the happiness of another person’s family.
Does harassing other people’s family happiness constitute a crime?
Currently, the law does not provide for the crime of destroying other people’s family happiness. However, the 2015 Penal Code, amended and supplemented in 2017, stipulates that the crime of violating the monogamy regime in Article 182, the composition of this type of crime is as follows:
About the object
This offender committed acts of infringing, disrupting, affecting the basic principle in Article 2 of the Law on Marriage and Family “one wife and one husband”, this law aims to protect the principle of the marriage and family regime. marriage and family, protection of monogamy and monogamy.
About the subject
A person who is married or has a husband but marries or lives as husband and wife with another person, or an unmarried or unmarried person marries or lives as husband and wife with someone he or she knows is married, has wife.
Thus, in Article 182 of the Penal Code, which clearly stipulates the subject of this type of crime, any person who has reached the age of criminal responsibility and commits the acts described above is likely to be a criminal. subject of this crime.
Objectively
Offenders commit acts of violating the monogamy, leading to the consequences specified in Article 182 of the Penal Code, specifically:
A person who is married or has a husband but marries or lives as husband and wife with another person, or a person who is unmarried or unmarried but marries or lives as husband and wife with someone he or she knows is married, has wife causes serious consequences, causing the marriage relationship of one or both parties to lead to divorce; causing the wife, husband or child of either party to commit suicide, etc.
Subjectively
Offenders who violate monogamy and monogamy are intentionally guilty. Depending on the will of the offender whether or not the consequences will occur determine whether the fault is direct or indirect.
How is the crime of harassment and destruction of other people’s family happiness handled?
Administrative sanctions
In Clause 1, Article 59 of Decree No. 82/2020/ND-CP stipulates fines for violations of regulations on marriage and divorce and regulations on monogamous marriage.
“first. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts:
a) Being married or being married but getting married to another person, unmarried or unmarried but getting married to someone who he or she knows is married or is currently married;
b) Being married or being married but living as husband and wife with another person;
c) Unmarried or unmarried, but cohabiting as husband and wife with someone they know well that they are married; or are married;
etc.”
Criminal prosecution
Article 182 of the Penal Code provides for the crime of violating the monogamy regime:
“Article 182. Crime of violating the monogamy regime
A person who is married or has a husband but marries or lives as husband and wife with another person; or a person who is unmarried or unmarried but marries or lives as husband and wife with someone he; or she knows is married, has wife in one of the following circumstances, shall be subject to a warning; to non-custodial reform for up to 1 year or to a prison term of between 3 months and 1 year:
a) Causing the marriage relationship of one or both parties to lead to divorce;
b) Having been administratively sanctioned for this act but continue to commit it.
Committing the crime in one of the following circumstances;; the offenders shall be sentenced to between 06 months and 03 years of imprisonment:
a) Causing the wife, husband or child of either party to commit suicide;
b) There has been a court decision to cancel the marriage; or forcibly terminate the cohabitation as husband and wife contrary to the monogamy, but still maintain such relationship.”
Instructions on how to handle when detecting a third person has acts of destroying other people’s families
According to Vietnamese law, the Law on Marriage; and Family only recognizes monogamous marriage and prohibits acts of having a husband and wife but also having an emotional relationship and living together as husband; and wife with another person or unmarried but having an emotional relationship with a married person.
These acts are against the law; so when detecting the spouses, they can report them to the competent authorities for administrative sanctions or criminal prosecution.
However, depending on the situation and personality of each person, there will be different solutions; some people choose to sit back and talk to resolve; silently carry out divorce proceedings or denounce the above behavior. But in all respects; the act of violating the monogamy and monogamy is a condemnable act, violating the moral standards of society; leaving many serious consequences and possibly affecting the children. Innocent children, broken families, children who grow up in a situation of lack of parental love; and obsession for children later.
Related article:
- Divorce dossier for foreigners in Vietnam 2021
- In Vietnam, is it possible to get a birth certificate for a child without a marriage certificate?
Frequently asked questions
In the case of causing the wife, husband or child of either party to commit suicide; If there is a court decision to annul the marriage or be forced to terminate the cohabitation as husband and wife, contrary to the monogamy, but still maintain such relationship, the offenders shall be sentenced to up to 3 years in prison.
This is also considered an illegal act and is handled in accordance with the provisions of Decree 167/2013/ND-CP.
“Article 59. Acts of coercing, inciting, instigating or assisting others to commit acts of domestic violence
A warning or a fine of between VND 100,000 and 300,000 shall be imposed for inciting, instigating or assisting others to commit acts of domestic violence.
A fine of between VND 300,000 and 500,000 shall be imposed for forcing other people to commit acts of domestic violence.”
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