How is causing injury to others while performing official duties handled?
(Baonghean.vn) - Mr. Le Ngoc Tuan, residing in Do Luong district, asked: How is the crime of causing injury to another person while performing official duties handled according to the provisions of the Criminal Code?
Reply:
A person performing public duties is a cadre, civil servant, public employee, officer, non-commissioned officer, or soldier of the people's armed forces assigned by a competent agency, organization, or individual to perform duties and exercise powers in accordance with the provisions of law and protected by law to serve the interests of the State, people, and society.
Causing injury or damage to the health of another person while performing official duties is understood as the act of a person assigned to perform official duties that causes injury or damage to the health of another person by using force outside of cases permitted by law.
Article 137 of the Penal Code 2015, amended and supplemented in 2017, stipulates: Crime of causing injury or harm to the health of another person while performing official duties as follows:
1. Anyone who, while performing official duties, uses force outside of the cases permitted by law, causing injury or harm to the health of another person with a bodily injury rate of 31% to 60%, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:
a) For 02 or more people, with each person's body injury rate being 31% or more;
b) Causing injury or damage to the health of another person with a bodily injury rate of 61% or more;
c) For people under 16 years old, women who are known to be pregnant, the elderly, sick or others who are unable to defend themselves.
3. The offender may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
