In fact, when a person insults honor and dignity, many people want to reclaim justice by compensating for mental damage. So when being insulted, should you report to the police or sue in court? So about the matter “Procedure to initiate a lawsuit against honor and dignity in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Decree 98/2020/ND-CP
- Penal Code 2015 amended and supplemented in 2017
When my honor be insulted, should I report it to the police or sue in court?
Article 20 of the 2013 Constitutional Law states:
1. Everyone has the right to body inviolability, to be protected by law in terms of health, honor and dignity; shall not be subjected to torture, violence, coercion, corporal punishment or any other form of treatment that infringes upon body, health, honor or dignity.
Accordingly, all individuals are protected by law in terms of honor and dignity. Persons who commit acts of humiliating others may be held responsible for the following:
– Be fined from 02-03 million VND (Clause 3, Article 7 of Decree 144/2021);
– Being examined for penal liability for the crime of humiliating others specified in Article 155 of the Penal Code 2015, revised 2017 (the lowest penalty is a fine of between VND 10-30 million or a non-custodial reform up to a year old). 03 years; the maximum penalty is from 02 to 05 years in prison).
– Compensation for damage to the humiliated (Article 584 Civil Code 2015)
In particular, according to the provisions of Article 592 of the Civil Code 2015, damage caused by infringing upon honor, dignity and reputation includes:
– Reasonable costs to limit and remedy damage;
– Actual lost or reduced income;
– Other damage prescribed by law.
In addition, the person responsible for compensation must also pay another sum of money to compensate for the mental loss suffered by the person whose honor and dignity is offended.
The level of compensation for mental loss will be agreed upon by the parties.
Regarding the competence to settle the claim for damage compensation, the People’s Court of the district where the person committing the act of insulting honor and dignity resides (according to Clause 1, Article 35 of the Civil Procedure Code 2015).
Thus, based on the above provisions, the person whose honor and dignity is violated has the right to denounce it to the police agency for investigation and administrative sanctions. In case of serious insult to honor and dignity, criminal liability may be prosecuted for the crime of humiliating others. On the other hand, if you don’t want the person who has offended the honor and dignity to be prosecuted for penal liability, you can file a lawsuit to the competent People’s Court to have the claim settled.
Procedure to initiate a lawsuit against honor and dignity in Vietnam
When there is enough evidence to prove that there is an act of insulting honor and dignity, causing serious consequences to honor and dignity, people have the right to file a denunciation and send it to the police agency for settlement timely.
Procedures for denunciation of acts of humiliation of others shall be carried out as follows:
Step 01: Collect documents and evidences about the act of humiliating others
Evidence and documents can be pictures, messages, audio files, videos, etc. related to the humiliating behavior.
Step 02: Prepare documents
When making a denunciation at an agency competent to receive denunciations or denunciations of criminal information, it is necessary to prepare some of the following documents:
– A denunciation about acts of infringing upon the honor and dignity of others;
– Identity card/Citizen identity card;
– Attached documents and evidence.
Step 03: Denunciation at the competent authority
The person whose honor and dignity has been violated shall send a denunciation to one of the above-mentioned competent agencies, in which the simplest people can go to the police office of their residence to make a denunciation.
The settlement time for normal crime reports is 20 days, with complicated cases it may take longer but not more than 02 months.
Punishment for initiating lawsuits against persons who commit acts of insulting honor and dignity
Article 156. Crime of slander
Those who commit one of the following acts shall be subject to a fine of between VND 10,000,000 and 50,000,000, a non-custodial reform for up to two years or a prison term of between three months and one year:
a) Fabricating or spreading things that are known to be untrue in order to seriously offend the dignity and honor or cause damage to the lawful rights and interests of others;
b) Making up other people to commit crimes and denouncing them to competent authorities.
Pursuant to Clause 1, Article 189 of the 2015 Civil Procedure Code, the petitioning agency, organization or individual must make a lawsuit petition, which contains the following contents:
– Date, month and year of making the petition.
– Name of the Court receiving the petition.
– Name, place of residence/headquarters of the petitioning party; the person being sued; persons with related rights and obligations.
– A list of documents and evidences enclosed with the petition.
The petition shall be sent to the People’s Court of the district where the person committing the act of insulting the honor permanently or temporarily resides.
Accordingly, the settlement time usually lasts from 06 – 08 months depending on the complexity of the case.
Penalties for offenses against the honor and dignity of others
Depending on the seriousness of the offense, the person who humiliates others may be prosecuted for criminal responsibility for the Crime of Humiliation.
Accordingly, in Article 155 of the Penal Code 2015, amended in 2017 stipulates the penalty frames for this crime as follows:
Main penalty:
– Frame 01:
A warning, a fine of between VND 10-30 million or a non-custodial reform for up to 3 years.
– Frame 02:
+ Imprisonment of between 3 months and 2 years if committing the crime in one of the following cases:
+ Committing the crime twice or more;
+ For 02 or more people;
+ Abuse of positions and powers;
+ For persons on official duty;
+ For those who teach, nurture, care for and treat their illnesses;
+ Using computer networks or telecommunications networks or electronic means to commit crimes;
+ Causing mental and behavioral disturbances of the victim with a bodily injury rate of 31% – 60%.
– Frame 03:
A prison term of between 02 – 05 years if committing the crime in one of the following cases:
+ Causing mental and behavioral disorders of the victim with an injury rate of 61% or more;
+ Causing the victim to commit suicide.
Additional penalties:
In addition to the main penalty mentioned above, the offender may also be banned from holding certain posts, practicing certain professions or doing certain jobs for one to five years.
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Frequently asked questions
The offender committed this crime with willful error. The subjective consciousness of the offender is the desire for the victim to be humiliated with many different motives, possibly taking revenge on the victim himself or also taking revenge on the victim’s relatives.
The subject of this crime is any person who has criminal capacity and is 16 years of age or older. Therefore, people between 14 and under 16 years old are not responsible for this act because they do not fall into the case specified in Article 12 of the Penal Code for acts for which people at this age are responsible.
The above-mentioned acts constitute the crime of Humiliating others in Article 155 of the Penal Code 2015 when such acts are of a serious nature, causing bad consequences to the reputation and reputation of the victim, even causing mental and behavioral disturbances. of the victim with the rate of bodily harm from 31% to 60% or the victim may think about killing himself.
For cases that cause such serious consequences, offenders may be examined for penal liability in accordance with the law on the crime of humiliating others in Article 155 of the Penal Code 2015.
Conclusion: So the above is Procedure to initiate a lawsuit against honor and dignity in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
