How is the crime of forced divorce punished?
(Baonghean.vn) - My mother-in-law has repeatedly threatened and pressured me into divorcing her because I haven't given birth to a son. What administrative penalties and criminal liability will I face for this behavior? This is a question from Ms. Vi Thi T. (Que Phong, Nghe An).
Reply:Based on Clause 2, Article 59 of Decree 82/2020/ND-CP regulating administrative sanctions in the field of marriage and family:
2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:
a) Marriage or cohabitation between people of the same direct bloodline or between people related within three generations;
b) Marriage or cohabitation between adoptive parents and adopted children;
c) Forced marriage or fraudulent marriage; forced divorce or fraudulent divorce;
- Regarding Criminal Law: According to Article 181 of Chapter XVII of the 2015 Criminal Code and the Law amending and supplementing certain articles of the Criminal Code in 2017, the crime of coercing marriage, divorce, or obstructing voluntary and progressive marriage, or obstructing voluntary divorce is defined as follows:
Anyone who forces another person to marry against their will, obstructs another person from marrying or maintaining a voluntary and progressive marital relationship, or forces or obstructs another person from divorcing by means of torture, abuse, mental intimidation, demanding property, or other means, and who has already been punished for this administrative violation but continues to violate the law, shall be punished with a warning, non-custodial correctional punishment for up to 3 years, or imprisonment from 3 months to 3 years.
Therefore, forcing someone to divorce against their will is a violation of the law and may be subject to administrative penalties ranging from 10,000,000 VND to 20,000,000 VND. If a person who has already been fined administratively for this act continues to force a divorce, they may be prosecuted criminally for "The crime of coercing marriage, divorce, or obstructing voluntary and progressive marriage, or obstructing voluntary divorce," under which the offender may be sentenced to a warning, non-custodial rehabilitation for up to 3 years, or imprisonment from 3 months to 3 years.
