In life, sometimes there are unexpected things that we do not expect. It can have serious consequences for yourself and for society. For that reason, the law has set its own provisions for unexpected events. So what is the unexpected event? To answer this question, today, LSX Lawfirm will give you an article about “What is an unexpected event according to Vietnamese law?“, as follows:
Legal grounds
- Criminal Code 2015
What is a surprise event?
An unexpected event is an event that is outside the objective will of the person performing the act. Unexpected events can occur due to specific circumstances or due to subjective characteristics of the performer.
Unexpected events have similarities with some specific crimes objectively such as behavior and damage to society. There is also a causal relationship between behavior and consequences. The most important difference and also due to this feature is that the person causing damage in the event of an unexpected event is not criminally liable. The person who did the damage in an unexpected event is not at fault.
Unexpected events and unintentional errors caused by negligence have something in common. They are all actors who do not foresee dangerous consequences for society. Because they all have in common that the offenders do not foresee the consequences of their actions causing harm to society. So people often confuse these two concepts.
However, in the case of negligence due to negligence, the offender has an obligation to foresee and be qualified to foresee dangerous consequences for society. The offender did not foresee dangerous consequences for society due to his negligent behavior. In the case of an unexpected event, the subject is not obliged to foresee the consequences. Or obligated to foresee but not qualified to foresee such consequences.
What is an example of an unexpected event?
To better understand what an unexpected event is. Let’s learn through the following unexpected event example:
It is dark Brother A is driving on the road. Accidentally hitting Mr. B, who was drunk, lying behind a pile of straw, B died. Thus, it can be seen that Mr. A’s stabbing of Mr. B is an act harmful to society. But the behavior of Mr. A did not want Mr. B to die. Brother A also cannot predict in advance that Mr. B will lie behind the haystack. This can be seen as an unexpected event.
Laws on unexpected events
What the unexpected event was has been partially answered. Read on to read more about the law on unexpected events.
Article 20 of the Penal Code 2015 amended and supplemented in 2017 provides:
“Article 20. Unexpected events Persons who perform acts that cause harmful consequences to society in cases where they cannot foresee or are not forced to foresee the consequences of such acts shall not be held criminally responsible.”
An unexpected event is a case that causes damage, but the person who causes damage is not criminally responsible. Because they are not forced to foresee or cannot foresee the consequences of damage caused by their actions. In the case of an unexpected event, the error here is an unintentional error.
The person performing the act must be the person who does not want the consequences of that act to happen. This is a sign to exempt the person from criminal responsibility for that dangerous act.
Liability of the person causing damage in the event of an unexpected event
Unexpected events are cases that cause damaging consequences for society. But the person who commits such behavior is not criminally responsible. Because they are not forced to foresee or cannot foresee dangerous consequences for society.
Note: The case of an unexpected event and the case of an unintentional mistake due to negligence is that the performer did not foresee the dangerous consequences for society that his/her act has caused. But in the case of negligence due to negligence, the offender has an obligation to foresee and be qualified to foresee the dangerous consequences for society of his act. The offender did not foresee the dangerous social consequences of his act due to negligence. In the case of an unexpected event, the subject has no obligation to foresee the dangerous consequences for society of his act, or although he is obliged to foresee it, he does not have the conditions to foresee the consequences there.
Thus, the fact that the subject does not foresee the dangerous consequences for society that his behavior causes is due to the objective. Harmful consequences are completely objective and no one can predict them. In the event of an unexpected event occurring, the law does not require criminal liability. Because they are not forced to foresee or cannot foresee dangerous consequences.
However, actors must be careful, comply with the law, and avoid harmful consequences for society.
Notes on distinguishing unexpected events and unintentional errors caused by negligence
Accidental errors caused by negligence and unexpected events are two difficult legal issues to distinguish, so when distinguishing, it is necessary to pay attention to the following issues:
An unexpected event is an event to exclude the case of acts that are dangerous to society due to an unintentional fault due to negligence. is that their behavior falls under the circumstances of an unexpected event. When researching unexpected events, it is always important to consider whether it was an inadvertent mistake of being too careless. It must be considered in the specific circumstances to determine that a person must foresee and can see the consequences of an unintentional mistake due to negligence or an unexpected event.
That is, based on the specific circumstances when the incident occurred, it was an unintentional mistake due to negligence, an ordinary person can also foresee and in that particular situation no one can foresee it, it is due to an unexpected event. . That is, these two problems must always be defined in parallel to each other to exclude the other case to distinguish the two problems.
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Related questions
A legal fact is a fact that has legal significance, because it has the potential to create legal consequences. Such consequences are the formation, change or termination of legal relations. Only facts that are affected by at least one legal norm are called Legal Facts.
A force majeure event is an event that occurs objectively, unforeseeable, and cannot be remedied even though all necessary measures have been taken within the allowable conditions and capabilities (flood, earthquake, etc.) , volcanoes, war, etc.). According to the provisions of law, a force majeure event is an event used to relieve civil liability for a person who violates a contract or causes damage to another person.
Insurable event means an objective event agreed upon by the parties or prescribed by law that, when such event occurs, the insurer must pay insurance premiums to the beneficiaries or indemnify the insured. Depending on the insurance sector, the insured event can be understood in many different ways.
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