How is failure to rescue someone in life-threatening condition handled?
(Baonghean.vn) - Mr. Nguyen Viet Linh in Nghia Dan asked if he accidentally saw someone else in a serious traffic accident on the road, even though he had a vehicle but was afraid of being implicated so he ignored it, did not help, did not support taking the victim to the emergency room, would he be held criminally responsible?
Reply
Not helping another person in life-threatening situation is understood as the act of seeing another person in life-threatening situation, despite having the means, but not helping the victim.
Article 132 of the Penal Code stipulates the "Crime of not rescuing a person in a life-threatening situation" as follows:
1. Anyone who sees another person in a life-threatening situation and, despite having the means, fails to help, resulting in that person's death, shall be subject to a warning, non-custodial reform for up to 02 years, or imprisonment from 03 months to 02 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 01 year to 05 years:
a) The person who does not help is the person who unintentionally caused the dangerous situation;
b) The person who does not help is the person who is obliged by law or profession to help.
3. Committing a crime resulting in the death of two or more people shall be punishable by imprisonment from three to seven years.
4. The offender may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
