In what cases will the car owner be held criminally responsible for lending the car to someone else who causes an accident?

GH April 12, 2024 19:23

(Baonghean.vn) - Ms. Nguyen Thi Hoai, residing in Hung Nguyen district, asked: In case of lending a car to someone else and causing a fatal accident, will the car owner be held criminally responsible?

Reply:

According to the law,The person who directly drives the vehicle causing the damage will be the first to be held responsible for the consequences that have occurred. It can be administrative responsibility (being punished for administrative violations), responsibility for compensation for damages, or even criminal responsibility depending on the consequences that have occurred.

However, if the vehicle owner knows that the person is not qualified to drive the vehicle on the road but still lends it to the other person, he/she may be fined or prosecuted according to the provisions of Article 264 of the Penal Code 2015, amended and supplemented in 2017.

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Illustration photo.

Accordingly, anyone who hands over a vehicle to another person knowing that person does not have a driver's license or is under the influence of alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed level, is using drugs or other strong stimulants, or does not meet other conditions to drive a vehicle, causing damage to another person, will be subject to the following penalties:

-Fine from 10 to 50 million VNDorreform without detention for up to 03 yearsnIf you fall into one of the following cases:

+ Killing people;

+ Causing injury or damage to the health of 01 person with a body injury rate of 61% or more;

+ Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% - 121%;

+ Causing property damage from 100 to under 500 million VND.

-Fine from 50 - 200 million VND orimprisonment from 06 months to 03 yearsIfbelong to one of the following cases:

+ Killed 02 people;

+ Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 122% - 200%;

+ Causing property damage from 500 million to under 1.5 billion VND.

-Imprisonment from 02 to 07 yearsnIf you fall into one of the following cases:

+ Causing death of 03 people or more;

+ Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people being 201% or more;

+ Causing property damage of 1.5 billion VND or more.

In addition, the vehicle owner may also be subject to an additional penalty of a fine of 10 - 30 million VND.

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In what cases will the car owner be held criminally responsible for lending the car to someone else who causes an accident?
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