What is the prison sentence for intentionally causing injury?
What is intentional infliction of injury? How many years in prison is one for intentional infliction of injury? These are questions of concern to Ms. Nguyen Thi Hoa (Thanh Vinh Ward, Nghe An Province).
ReplyCurrently, there is no legal document that defines intentional infliction of injury. However, intentional infliction of injury can be understood as the deliberate act of violating the physical integrity and causing harm to the health of another person.
* According to Article 134 of the Penal Code No. 100/2015 (amended and supplemented by Law No. 12/2017/QH14), the crime of intentionally causing injury has 5 penalty brackets:
- The basic sentencing framework includes non-custodial correctional measures for up to 3 years or imprisonment from 6 months to 3 years, in the following cases without other aggravating factors:
“1. Whoever intentionally inflicts injury or causes harm to the health of another person, resulting in a bodily injury rate of 11% to 30% or less than 11% but falling under one of the following circumstances, shall be punished with non-custodial correctional measures for up to 3 years or imprisonment from 6 months to 3 years:
a) Using weapons, explosives, dangerous instruments, or methods capable of causing harm to many people;
b) Using dangerous acids or dangerous chemicals;
c) For persons under 16 years of age, women known to be pregnant, the elderly, infirm, or sick, or other persons unable to defend themselves;
d) For one's grandparents, parents, teachers, caregivers, and those who have provided medical treatment;
d) Organized;
e) Abusing one's position or authority;
g) During the period of detention, temporary custody, provisional arrest, serving a prison sentence, undergoing judicial educational measures at a reformatory school, or undergoing administrative sanctions involving compulsory education, placement in a reformatory school, or compulsory drug rehabilitation;
h) Hiring someone to inflict injury or harm to the health of another person, or inflicting injury or harm to the health of another person as a result of being hired;
i) Having a thuggish nature;
k) In the case of a person performing official duties or due to the victim's official duties."
- The first aggravated penalty bracket has the following levelsImprisonment from 2 to 6 yearsWhen committing an offense falling under one of the circumstances in Clause 2, Article 134 of the 2015 Penal Code:
“a) Inflicting injury or causing harm to the health of another person resulting in a bodily injury rate of 31% to 60%;
b) Inflicting injury or causing harm to the health of two or more people, with each person sustaining bodily injury ranging from 11% to 30%;
c) Committing the crime two or more times;
d) Dangerous recidivism;
d) Causing injury or harm to the health of another person with a body injury rate of 11% to 30%, but falling under one of the cases specified in points a to k of Clause 1 of this Article.”
- The second aggravated penalty bracket has a levelImprisonment from 5 to 10 yearsWhen committing an offense falling under one of the circumstances in Clause 3, Article 134 of the 2015 Penal Code:
“a) Causing injury or harm to the health of another person resulting in a body injury rate of 61% or more, unless it falls under the cases specified in point b, clause 4 of this Article;
b) Inflicting injury or causing harm to the health of two or more people, with each person sustaining bodily injury ranging from 31% to 60%;
c) Causing injury or harm to the health of another person resulting in a bodily injury rate of 31% to 60%, but falling under one of the cases specified in points a to k of Clause 1 of this Article;
d) Causing injury or harm to the health of two or more people where the percentage of bodily injury for each person is between 11% and 30%, but falls under one of the cases specified in points a to k of Clause 1 of this Article.”
- The third aggravated penalty bracket has a levelImprisonment from 7 to 14 yearsWhen committing an offense falling under one of the circumstances specified in Clause 4, Article 134 of the 2015 Penal Code:
a) Causing death;
b) Inflicting injuries that disfigure another person's face, resulting in a bodily injury rate of 61% or higher;
c) Inflicting injury or causing harm to the health of two or more people, where each person suffers a bodily injury rate of 61% or higher;
d) Inflicting injury or causing harm to the health of another person resulting in a bodily injury rate of 61% or higher, but falling under one of the cases specified in points a to k of Clause 1 of this Article;
d) Causing injury or harm to the health of two or more people where the percentage of bodily injury for each person is between 31% and 60%, but falls under one of the cases specified in points a to k of Clause 1 of this Article.”
- The fourth aggravated penalty bracket has the following levelImprisonment from 12 to 20 yearsor life imprisonment when committing a crime falling under one of the cases in Clause 5, Article 134 of the 2015 Penal Code:
a) Causing the death of two or more people;
b) Causing injury or harm to the health of two or more people where the percentage of bodily injury for each person is 61% or more, but falls under one of the cases specified in points a to k of Clause 1 of this Article.”
Thus, depending on the nature of the act and the degree of danger, the person prosecuted for the crime of intentionally causing injury will face the aforementioned penalties.
Furthermore, Clause 6 of Article 134 of the 2015 Penal Code stipulates the penalties for preparatory acts for the crime of intentionally causing injury as follows:
“6. Anyone who prepares weapons, explosives, dangerous weapons, dangerous acids, dangerous chemicals, or establishes or participates in a criminal group with the aim of inflicting injury or harming the health of others shall be punished with non-custodial correctional measures for up to 2 years or imprisonment from 3 months to 2 years.”
However, based on Clause 5, Article 7Decree 144/2021/ND-CPIndividuals who intentionally inflict injury but are not prosecuted criminally (without reaching the prescribed injury rate) may be subject to administrative penalties ranging from 5,000,000 VND to 8,000,000 VND.
The above-mentioned fine applies to individuals. In the case of organizations committing the same act, the fine is double the above amount, i.e., from VND 10,000,000 to VND 16,000,000 (Clause 2, Article 4 of Decree 144/2021/ND-CP).
