Will the owner of the pack of dogs that bit a 7-year-old boy to death be criminally prosecuted?

Many residents of Luong Bang town (Kim Dong district, Hung Yen) said that the pack of dogs that bit the 7-year-old boy to death was very aggressive and had attacked many children and residents in the area. The homeowner was also warned to lock the dogs up or put a muzzle on them, but did not do so.

The dogs have been locked up and captured by the authorities. The investigation agency is verifying the incident to have grounds to handle those involved.

A lawyer said that the owner of a pack of dogs in Hung Yen let loose the dogs, leading to the death of a 7-year-old boy, and should be prosecuted for the crime.Involuntary manslaughterunder Article 128 of the 2015 Penal Code with a prison sentence of up to 5 years.

The dog owner was warned by many neighbors but still ignored it, so this person can also be prosecuted for the crime.Killingwith indirect intentional fault (foreseeing possible consequences, although not wanting them, still consciously letting them happen).

In addition to criminal liability, the dog owner must also compensate for all costs of damage to life, health... according to Article 603 of the 2015 Civil Code.

Contrary to the above opinion, lawyer Dang Van Cuong said that it is difficult to prosecute the crime.Involuntary manslaughterbecause it is not easy to prove that this woman "must have known that the dogs would bite people". The act of releasing dogs in public places and the consequence of the dogs biting people to death do not have an inevitable causal relationship.

According to the lawyer, the dog owner can only be prosecuted for the crime ofViolation of regulations on labor safety, labor hygiene, and safety in crowded placesaccording to Article 295 of the Penal Code 2015.

Attorney Cuong explained that "safety in crowded places" is understood as a solution to prevent and combat the impact of dangerous factors to ensure that no injuries or deaths occur to people in crowded places. Article 295 stipulates: A pet owner who lets his dog loose and bites a person to death will be sentenced to non-custodial reform for up to 3 years or imprisonment from 1 to 5 years.

According to Decree 05/2007/ND-CP and Circular 07/2016/TT-BNNPTNT, dog owners must register their dog raising with the People's Committee of the commune level in urban areas and densely populated areas. Dogs must be chained, locked up or kept within the family premises; ensure environmental hygiene, and not negatively affect people around.

Owners must vaccinate their dogs against rabies as required and when taking their dogs out in public, they must wear a muzzle or leash and be led by someone. If the owner violates this rule, he or she will be fined from 600,000 to 800,000 VND according to Decree 90/2017/ND-CP.