Regarding the case of a female bank employee being beaten up on the street, Ninh Kieu District Police (Can Tho City) said that according to the initial statement, the wife admitted that there was no evidence to prove the illicit relationship between her husband and the female bank employee; because she was jealous, angry, and impatient, she committed such acts.
The police have intervened and initiated a criminal case to investigate and clarify the acts including: Intentionally causing injury, Humiliating others and Disturbing public order.
Speaking to Lao Dong, lawyer Pham Khac Phuong - Can Tho City Bar Association - stated that the actions of the subjects who assaulted the girl were in violation of the law. The act of beating people in this case shows signs of the crime of "Intentionally causing injury", constituting a crime when the injury assessment results in a body injury rate of 11% or more.
In cases where the appraisal is below 11% but the offender uses a dangerous weapon (helmet), he/she will still be criminally prosecuted for this crime.
In addition to the occurrence of injuries with a rate of bodily harm, hooliganism also becomes a framing circumstance according to Clause 1, Article 134 of the Penal Code, regardless of whether the injury is less than 11%.
At the same time, the behavior of the subjects in the above incident shows signs of the crime of “Humiliating others”. This is clearly shown in the insult to honor and dignity in the video such as tearing the victim’s clothes. The purpose is to make the victim embarrassed in front of a crowd.
In addition to the two above-mentioned acts, lawyer Pham Khac Phuong said that the Ninh Kieu District Police Investigation Agency's additional prosecution of acts showing signs of the crime of "Disturbing public order" is completely justified.
Because the fight took place in a public place, not only did it cause traffic congestion, the video clip of the fight spread online also caused bad public opinion, seriously affecting local social order, showing the aggression and balance of power of the subjects.
According to lawyer Pham Khac Phuong, for the "Crime of intentionally causing injury", based on Article 134 of the Penal Code, the penalty for this crime can be from 6 months to 3 years in prison.
For the "Crime of humiliating others", according to Article 155 of the Penal Code, the subject who commits the act of humiliating others will face a fine of 10 million to 30 million VND, non-custodial reform for up to 3 years or a maximum prison sentence of up to 5 years.
Pursuant to Article 318 of the Penal Code “Crime of disturbing public order”, those who commit this act may be fined from 5 million to 50 million VND, sentenced to non-custodial reform for up to 2 years or imprisoned from 3 months to 2 years. In case the act is determined to be organized, using weapons, weapons, vandalism or inciting others to cause disturbances… they will be punished from 2 years to 7 years in prison.
Through this incident, lawyer Pham Khac Phuong recommends that everyone, especially young people in today's modern society, even if family life is not happy, the wife or husband has an illicit relationship with another person, they should not act with violence, hooliganism, or aggression to solve the problem.
Each person can seek advice from psychologists or legal experts, thereby understanding the situation and the experts will provide solutions in accordance with the law.
