Is parental abuse defined in the Penal Code and is the penalty for how many years in prison?
(Baonghean.vn) - In my neighborhood, there is a family that often yells at, shuns, and even beats and abuses their 85-year-old mother. The son has been administratively punished but continues to do so. So is the crime of abuse regulated in the Penal Code and how many years in prison is the penalty? This is a concern of Mr. Nguyen H. (Vinh City).
Reply:
Family relations are sacred social relations regulated and protected by law. The act of mistreating or torturing grandparents, parents, spouses, children, grandchildren or those who have raised you is not only a serious violation of ethics but also a violation of the law.
According to Article 185 of the 2015 Penal Code (amended and supplemented in 2017), the crime of mistreating or torturing grandparents, parents, spouses, children, grandchildren or people who have raised you is regulated as follows:
“1. Anyone who mistreats or commits acts of physical violence against grandparents, parents, spouses, children, grandchildren or people who have raised them in one of the following cases shall be subject to a warning, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Regularly causing the victim physical and mental pain;
b) Having been administratively sanctioned for this violation but still committing it.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 05 years:
a) For people under 16 years old, women who are known to be pregnant, the elderly and weak;
b) For people with severe disabilities, especially severe disabilities or people with serious illnesses.”
The crime of mistreating or torturing grandparents, parents, spouses, children, grandchildren or people who have raised them is the act of a person who mistreats or violently violates the body of grandparents, parents, spouses, children, grandchildren or people who have raised them to the extent of regularly causing the victim physical and mental pain. Such an act has been administratively sanctioned but continues to violate, the offender shall be given a warning, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years. The offender in the above case is an 85-year-old woman (an elderly person) and can be imprisoned from 02 years to 05 years.
