In what cases will the car owner be held criminally responsible for lending the car to someone else who causes an accident?
(Baonghean.vn) - Ms. Nguyen Thi Hoai, residing in Hung Nguyen district, asked: In case of lending someone a car 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 person 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 on the road but still lends the vehicle, the vehicle owner may be fined or prosecuted under the provisions of Article 264 of the 2015 Penal Code, amended and supplemented in 2017.
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 with a blood or breath alcohol concentration exceeding the prescribed level, is using drugs or other strong stimulants, or does not meet other conditions for driving a vehicle causing damage to another person will be subject to the following penalties:
-Fine from 10 - 50 million VNDornon-custodial reform up to 03 yearsnIf you fall into one of the following cases:
+ Killing;
+ 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 - under 1.5 billion VND.
-Imprisonment from 02 to 07 yearsnIf you fall into one of the following cases:
+ Causing the death of 3 or more people;
+ 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.
