How is unintentional injury or damage to the health of another person handled?

Reply:

Unintentionally causing injury or damage to the health of another person is understood as an act of violating common rules in life regarding ensuring the safety of life and health of another person due to overconfidence or carelessness, causing injury or damage to the health of another person.

-According to Article 7 of Decree 144/2021/ND-CP, unintentionally causing injury or harm to the health of others is classified as one of the acts violating regulations on public order.

Accordingly, Clause 1, Article 7 of Decree 144 stipulates: Warning or fine from 300,000 VND to 500,000 VND for one of the following acts: "Unintentionally causing injury or harm to the health of another person but not being prosecuted for criminal liability"

In addition, Article 7 of Decree 144 also stipulates that violators are required to pay all medical examination and treatment costs for the victim to remedy the consequences.

- If the act unintentionally causes injury or damage to the health of another person with a bodily injury rate of 31% or more, criminal liability may be prosecuted.

Specifically, Article 138 of the 2015 Penal Code, amended and supplemented in 2017, stipulates the crime of unintentionally causing injury or harm to the health of another person as follows:

- Anyone who unintentionally causes injury or harm to the health of another person with a bodily injury rate of 31% to 60% shall be subject to a warning, a fine of 5,000,000 VND to 20,000,000 VND or non-custodial reform for up to 03 years.

- Committing a crime in one of the following cases shall be punishable by imprisonment from 03 months to 02 years:

+ For 02 or more people, the body injury rate of each person is from 31% to 60%;

+ Causing injury or damage to the health of another person with a bodily injury rate of 61% or more.

- Committing a crime against 02 or more people with each person's body injury rate being 61% or more, shall be punished with imprisonment from 01 year to 03 years.

In addition, Article 139The Penal Code stipulatesCrime of unintentionally causing injury or harm to the health of another person due to violation of professional rules or administrative rulesh as follows:

1. Anyone who unintentionally causes injury or harm to the health of another person due to violating professional or administrative rules, resulting in a bodily injury rate of 31% to 60%, shall be subject to a fine of 20,000,000 VND to 100,000,000 VND, non-custodial reform for up to 03 years, or imprisonment of 03 months to 01 year.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 06 months to 03 years:

a) For 02 or more people, each person's body injury rate is from 31% to 60%;

b) Causing injury or damage to the health of another person with a bodily injury rate of 61% or more.

3. Committing a crime against 02 or more people with each person's body injury rate being 61% or more shall be punished with imprisonment from 01 year to 05 years.

4. The offender may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years."