OFFENSES AGAINST THE PERSON

AND REPUTATION
Introduce

Offenses against the person and reputation is provided for in articles 123 – 156, chapter
14, in Criminal Code 2015

The Criminal Code 2015 stipulates that crimes infringing upon life, health and dignity
are the second most dangerous after crimes of infringing upon national security.

These crimes will be divided into two groups: trespassing on people and trespassing on
reputation

TYPES OF OFFENSES AGAINST THE PERSON

A. INFRINGING UPON THE LIFE

Murder, manslaughter, infanticide or any other offense which one of the elements of
direct physical harm or use of force endangers a person's life.

I. Intentional crime

1. Define

An act of intentionally infringing upon another person's life in an unlawful manner

without any justification or valid reason, especially an unlawful killing other than
premeditated malice.

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2. Groups of crimes intentionally infringing upon the lives of others
include:

- Crime of murder (article 123, chapter XIV of the 2015 Penal Code)

- Crime of murder in a state of strong agitation (article 125, chapter XIV of the 2015
Penal Code)

- Crime of instigating or helping others commit suicide (Article 131, Chapter XIV of
the 2015 Penal Code)

- Crime of murder due to exceeding the limit of legitimate defense or exceeding the
necessary level when arresting offenders (Article 126, Chapter XIV of the Penal Code
2015).

- Crime of causing death while performing official duties (Article 127, Chapter XIV of
the 2015 Penal Code)

- Crime of forced death (Article 130, Chapter XIV of the 2015 Penal Code)

- Crime of threatening to kill (Article 133, Chapter XIV of the 2015 Penal Code)

- Crime of transmitting HIV to others (Article 148, Chapter XIV of the 2015 Penal
Code)

- Intentionally transmitting HIV to others (Article 149 Chapter XIV of the 2015 Penal
Code)

In this group of crimes, fatal consequences are only mandatory signs of some criminal
components (Articles 123, 124, 125, 126, 127, 128, 129, 132 of the Penal Code). For
the rest, fatal consequences are not mandatory signs, but two of them constitute a crime

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requiring consequential signs, which is the victim's suicide (Article 130,131 of the
Penal Code)

3. Example

The tragedy in Bac Giang, the case of Le Van Luyen committing murder and robbery
occurred at Ngoc Bich gold shop, Bac Giang province.
Criminal motive: because he accidentally lost his borrowed motorbike and lost money,
Luyen had no money to redeem the motorbike. The victims were the spouse who is the
owner of gold shop and a little girl, the 8 year old daughter had her arm cut off, the
spouse all dies. All the gold was stolen.

Le Van Luyen was sentenced to 18 years in prison for murder, 18 years for robbery,
and 9 months for abusing trust to appropriate property. Because the defendant
committed the crime when he was less than 18 years old, so the total sentence for
these crimes defendant Le Van Luyen had to receive was 18 years in prison.

4. Penalties

The person who commits the murder will be punished with fixed-term imprisonment,
life imprisonment penalty or the death penalty. The law stipulates 02 main penalty
frames, 01 additional penalty frame and 01 penalty frame for preparing to commit a
crime.

The basic penalty frame has a prison term of between 07 and 15 years.

An aggravating penalty frame with a prison term of 12 to 20 years, life imprisonment

or death is prescribed for cases of crime involving one of the following aggravating
circumstances: caning 2 or more people ; discipline people under 16 years old; axis
women that know to be pregnant; markings on duty or for the victim's official reasons;
my grandfather, grandmother, father, mother, nurturer, teacher, teacher;….

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– The prison sentence is from 01 to 05 years for the person who prepares to commit the
murder.

In addition, the offenders may also be banned from practicing or doing the most well-
defined work from 01 to 05 years, fined management or banned from residence from
01 year to 05 years.

II. Manslaughter:

1 Definition:

The behavior of a person who does not foresee his or her own behavior has the
potential to cause fatal consequences even though it must be foreseen and foreseen, or
the offender foresees his/her act may cause death but believes that that result does not
happen.

2. Groups of crimes unintentionally infringing upon the lives of others

include:

- Crime of not helping people who is in a life-threatening situation (Article 132,

Chapter XIV of the 2015 Penal Code)

- Crime of unintentionally causing death (Article 128, Chapter XIV of the 2015 Penal
Code)

- Crime of unintentionally causing death due to violation of professional or

administrative rules (Article 129, Chapter XIV of the 2015 Penal Code)

3. Examples

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The case of the 1st grade child dying on the Gateway school bus due to being
forgotten: the driver- Mr. Phien, the instructor- Quy, the homeroom teacher- Ms. Thuy
did not carefully check that Long fell asleep in the car...then he died.

The trial panel sentenced defendant Nguyen Bich Quy to 21 months in prison for the
crime of unintentionally causing death ( Article 128, Chapter XIV of the 2015 Penal
Code)

Driver Doan Quy Phien was sentenced to 10 months in prison (first instance sentenced
to 15 months in prison) for the same crime.

Homeroom teacher Nguyen Thi Thuy was sentenced to 1 year in prison but suspended
for the crime of irresponsibility causing serious consequences. Previously, the trial
court sentenced the defendant to 1 year in prison.

4. Penalties

Those who unintentionally cause death shall be sentenced to non-custodial reform for
up to 3 years or to between 1 and 5 years of imprisonment.

Those who unintentionally cause death by violating professional or administrative rules

shall be sentenced to between 01 and 05 years of imprisonment.

III. Killing and Disposing of Infants

1. Define

The intentional killing of an infant or child. Infanticide has been a common

practice throughout human history, primarily used to eliminate unwanted babies. Its
main purpose is to prevent the allocation of resources to children who are weak or
disabled or backward thinking, under undesirable objective circumstances.

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The subject of the crime is a person aged 16 years or older who has criminal
responsibility and must be the woman who gave birth to the child.

This crime is specified in: (Article 124 Chapter XIV of the 2015 Penal Code) - Crime
of killing or discarding a newborn child

2. Eg

A female student throws a child from the 31st floor of Linh Dam apartment building
(Hoang Mai - Hanoi).

Dinh Thi Van Anh, because she was not ready to be a mother, ruthlessly put the baby
in a black plastic bag, put the baby on the toilet window and throw it. The defendant
has committed the crime of killing or discarding a newborn child (article 124, chapter
XIV of the 2015 Penal Code)

3. Penalties

1. Any mother who, due to the heavy influence of backward thinking or in special
objective circumstances, kills her child within 07 days of age, shall be sentenced to
between 6 months and 3 years of imprisonment.

2. Any mother who, due to the heavy influence of backward ideology or in special
objective circumstances, abandons her child within 07 days of age, resulting in the
death of the child, shall be subject to non-custodial reform. kept for up to 2 years or
sentenced to between 3 months and 2 years of imprisonment.

B. INFRINGING TO HEALTH

It is a crime committed in the form of an attack on another person, which can cause
injury but does not cause death.

I. Crime of intentionally causing injury:

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1. Definitions

An intentional act of one or more subjects that infringes on the health of others under
specific injuries, is an act that is dangerous to society, infringes on the right to respect
and protect the health of others. .

2. Groups of crimes intentionally causing injury to others include:

- Crime of intentionally causing injury or causing harm to the health of others (Article
134, Chapter XIV of the 2015 Penal Code)

- Crime of intentionally causing injury or causing harm to the health of others in a state
of strong agitation (Article 135, Chapter XIV of the 2015 Penal Code)

- Crime of intentionally causing injury or causing harm to the health of others by

exceeding the limit of legitimate defense or by exceeding the necessary level when
arresting offenders (Article 136, Chapter XIV of the 2015 Penal Code)

- Crime of causing injury or causing harm to the health of others while on duty (Article
137, Chapter XIV of the 2015 Penal Code)

- Crime of torturing others (article 140)

Consequences of this crime group require injury or other damage to health to an extent
with an injury rate of 11% or more, or below that rate but falling into one of the cases
specified from point a to point k Clause 1, Article 123 of the Penal Code.

The injury rate of the victim used as the basis for criminal prosecution must be
conducted by the subject with judicial expertise at the request of the procedure-
conducting agency.

3. Eg

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In the case of the step-aunt who caused the death of 8-year-old Van An in Ho Chi Minh
City, if the step-mother was sentenced to death, the father Nguyen Kim Trung Thai
would have neglected, cursed and beaten Van's child.Thai, who did not intervene, but
also accompanies Trang, was sentenced to 3 years in prison for the crime of "tortured
others" (article 140, Criminal Code 2015) and 5 years in prison for the crime of
"concealing crimes"; The total penalty is 8 years in prison.

4. Penalties

This act has the lightest penalty, which is a non-custodial reform for up to 3 years or a
prison term of between 6 months and 3 years at the heaviest.

II. Accidentally causing injury or harming the health of others

1. Define:

It is an act of violating the rules in life on ensuring safety of life and health because of
being overconfident or negligent, causing injury or health damage to others.

2. Groups of offenses of unintentionally causing injury to others

include:

- Crime of unintentionally causing injury or causing harm to the health of others

(Article 138, Chapter XIV of the 2015 Penal Code)

- Crime of unintentionally causing injury or causing harm to the health of others due to
violation of professional rules or administrative rules (Article 139, Chapter XIV of the
2015 Penal Code)

3. Penalty

Those who unintentionally injure or cause harm to the health of other people with an
injury rate of between 31% and 60%, shall be subject to a warning or a fine of between

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VND 5,000,000 and 20,000,000 or non-custodial reform for up to 3 years, more severe
cases, imprisonment from 3 months to 2 years

C. CRIME OF SEXUAL ASSAULT

1. Definition

Adopting the concept of child sexual abuse prescribed in the Law on Children in 2016,
along with the provisions on crimes of sexual abuse in the Penal Code 2015, as
amended and supplemented in 2017, there are The crime of sexual abuse is an act that
is dangerous to society, intentionally committed by a person with penal capacity,
infringing upon sexual freedom, honor and dignity of another person, including the use
of force, threat of force, coercion, manipulation, or seduction of others into engaging in
sex-related acts in any form”.

2. The group of sexual abuse crimes specified in the 2015 Penal Code,
amended and supplemented in 2017 includes:

– Rape (Article 141 of the 2015 Penal Code amended and supplemented in 2017)

– Crime of raping a person under the age of 16 (Article 142 of the Code Criminals
2015), amended and supplemented in 2017)

– Rape (Article 143 of the Ministry of Justice Penal Code 2015, amended and
supplemented in 2017)

– Rape of a person from full 13 years old to under 16 years old (Article 144 of the
Penal Code 2015, amended and supplemented in 2017)

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– Sexual intercourse or performing other sexual acts with a person from full 13 years
old to under 16 years old (Article 145 of the Penal Code 2015, as amended and
supplemented in 2017)

– Crime of lewdness against people under 16 years old (Article 146 of the Penal Code
2015, amended and supplemented in 2017)

– Crime of using people under 16 years old for pornographic purposes prostitution
(Article 147 of the 2015 Penal Code, amended and supplemented in 2017)

For the crime of "Rape" (Article 141), the crime of "Rape of a person under 16 years
old" (Article 142), the crime of "Rape" (Article 143), the crime of "Rape of a person
from full 13 years old to under 16 years old" (Article 144), these are very serious and
especially serious crimes that infringe on the health, loss of honor, dignity, and even
normal psycho-physiological development of children, so the law Criminal law
stipulates that the subject of these crimes is a person who is full 14 years of age or
older with penal liability capacity.

For the crime of "Having intercourse or performing other sexual acts with a person
between full 13 and under 16 years old" (Article 145), the crime of "Lying with a
person under 16 years of age" (Article 146), the crime of "Using people under 16 years
old for pornographic purposes” (Article 147), the criminal law stipulates that the
subject of criminal acts is a person who has full 18 years of age or older with penal
liability capacity.

3. Example

In the case of a female student delivering chickens in Dien Bien, victim Cao Thi
My Duyen was kidnapped on the way to deliver chickens. From February 4 to
February 7, 2019, the defendants controlled, raped several times and then murdered the
victim. The defendants were prosecuted with many counts of murder, rape, Kidnapping

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to appropriate property, Robbery, Illegal possession of narcotics. Of which, 6/8
defendants were prosecuted for rape (clause 3, article 141, Criminal Code 2015) and
received the death penalty, and compensated the victim's family more than 200 million
VND.

4. Penalty

The lightest penalty for this crime is a prison term of between 02 and 07 years, the
heaviest penalty is a prison term of 12 to 20 years or life imprisonment.

D. CRIMES OF TRADING, EXCHANGING, APPROPRIATING PEOPLE

Crime of human trafficking (Article 150 of the 2015 Penal Code)

Crime of trafficking in persons under 16 years old (Article 151 of the 2015 Penal
Code)

Crime of fraudulently exchanging people under 01 years of age (Article 152 of the
Penal Code 2015)

Crime of appropriating people under 16 years old (Article 153 Penal Code 2015)

Crime of trading in, appropriating human tissues or organs (Article 154, Penal Code
2015)

In this group of crimes, the offender's fault is always intentional; ; the victim may agree
or disagree, may or may not know, as long as the offender commits an act as prescribed
in the penal code => will be examined for penal liability.

Penalty

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This group of crimes is subject to the lowest penalty of imprisonment from 5 to 10
years, the highest penalty is from 12 to 20 years of imprisonment or life imprisonment.

The offenders may also be subject to a fine of between VND 10,000,000 and
200,000,000, a ban from holding certain posts, practicing certain occupations or doing
certain jobs for between 01 and 05 years, and a probation sentence of between 01 and
05 years. years or confiscation of part or all of the property.

OFFENCES AGAINST THE REPUTATION

1. Definition:

Reputation includes honor and dignity in which:

Honor is understood as the respect of society toward an individual or organization and

is recognized and protected by law.

Dignity is the totality of qualities that each human being has, or in other words, dignity
is the value of human being.

Insulting reputation is using vulgar and obscene words to insult others in order to lower
their reputation and cause damage to the honor and dignity.

2. Types of offenders

2.1. Sexual offenses include: rape; the crime of lewdness with a person under 16
years old; the crime of having intercourse or performing sexual acts with a person from
full 13 years old to under 16 years old; crime of using people under 16 years old for
pornographic purposes.

2.2. Human trafficking crimes include: human trafficking crimes; crimes of

trafficking in persons under 16 years old; crime of swapping people under 1 year old;

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crime of appropriating people under 16 years old; trafficking, appropriation of tissues
or organs of the human body

2.3 The crime of humiliating others includes: the crime of humiliating others;
slander

Other offenses include the crime of transmitting HIV to others; the crime of knowingly
transmitting HIV to others

In this part, we will learn more about 2.3:

- The crime of humiliating others (Article 155 - Criminal Code 2015 ): is an act of
seriously offending the dignity and honor of another person. The assessment of
whether the offense is serious or not must be based on the offender's attitude and
perception; the intensity and duration of the offense; location and surroundings;
position, role and reputation of the victim in the family, organization or in society and
public opinion.

- The crime of slander (Article 156 – Criminal Code 2015 ): is the act of fabricating,
spreading things known to be fabricated in order to offend the honor or cause damage
to the legitimate rights and interests of others or fabricating that someone else commits
a crime and denouncing them under the competent authority.

3. Example

3.1.

Nguyen Phuong Hang - director of Dai Nam Company was arrested for insulting the
honor and dignity of others. To be more specific, this woman used social networking
such as Tiktok, Facebook,… to conduct livestream, infringing on privacy, affecting the
reputation, honor and dignity of some famous people and journalist (Hoai Linh, Vy
Oanh,…). At the Investigate Agency, defendant Nguyen Phuong Hang confessed that

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information related to private lives of these people was that she viewed on the Internet,
from unknow origin .

Therefore, Nguyen Phuong Hang may commit the crime, shall be sentenced according
to Clause 2.f Article 155 Criminal Code: Using computer networks or
telecommunications networks or electronic means to commit crimes.

3.2.

One of the most recent examples is the fact that a girl was beaten, humiliated by a
fashion store owner, recorded a video clip and posted a video on social networks, even
threatened with money just for a 160 thousand VND skirt the customer stole, but she
came back to admit fault and promise to compensate.

Thus, the shop owner will be liable under article 155 of the Criminal Code 2015

4. Penalties

Those who seriously offend the dignity and honor of others shall be subject to warning,
a fine of between VND 10,000,000 and 50,000,000 or non-custodial reform for up to 3
years.

The lightest sentence is imprisonment from 03 months to 01 year, the heaviest sentence
is 03 to 07 years:

CONCLUSION
Humans are considered as the precious capital of society, the top object protected by
criminal law. Protecting people is first of all to protect their life, health, dignity, honor
and freedom

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Raise the spirit of vigilance, know how to defend, protect your own safety so as not to
fall into the risk of becoming a victim of a crime that infringes upon honor and dignity.

These are acts that not only cause damage to human dignity and honor, but also
seriously affect the lives and health of victims, undermine morality, and destabilize
social order and is one of the issues that cause outrage, anger and pain in public
opinion

CONTENTS
Types of offenses against the person........................................1
A. Infringing upon the life....................................................1
B. Infringing to health...........................................................6
C. Crime of sexual assault....................................................9
D. crimes of trading, exchanging, appropriating people....11
Offences against the reputation...............................................12
CONCLUSION.......................................................................14

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