Table of Contents
1. What is the meaning of Negligence that results in serious consequences?
2. How many years in prison can one be sentenced to for Negligence that results in serious consequences?
1. What is the meaning of Negligence that results in serious consequences?
Responsibility causing serious consequences is an act performed by a person with a position or authority. It can be understood that people with this position or authority do not perform or do not properly perform their assigned tasks, causing serious consequences leading to damage to the life, health or property of others.
2. How many years in prison can one be sentenced to for Negligence that results in serious consequences?
Pursuant to the Article 360 of The Penal Code 2015, amended and supplemented in 2017, stipulates the following for the crime of serious irresponsibility causing serious consequences:
“Article 360. Negligence that results in serious consequences
1. Any person who negligently fails to perform or correctly perform his/her in any of the following cases, except for the cases in Article 179, Article 308, and Article 376 hereof, shall face a penalty of up to 03 years’ community sentence or 06 – 60 months’ imprisonment:
a) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;
b) The offence results in bodily harm to 02 people, each of whom suffers from 31% – 60% physical disability;
c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% – 121%;
d) The offence results in property damage of from VND 100,000,000 to under VND 500,000,000.
2. This offence committed in any of the following cases shall carry a penalty of 03 – 07 years’ imprisonment:
a) The offence results in the death of 02 people;
b) The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;
c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% – 200%;
d) The offence results in property damage of from VND 500,000,000 to under VND
1,500,000,000.
3. This offence committed in any of the following cases shall carry a penalty of 07 – 12 years’ imprisonment:
a) The offence results in the death of ≥ 03 people;
b) The offence results in bodily harm to ≥ 03 people, each of whom suffers from ≥ 61% physical disability;
c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;
d) The offence results in property damage of ≥ VND 1,500,000,000.
4. If this offence results in bodily harm to 01 person who suffers from 31% – 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% – 60%, except for the cases in Article 179, 308, and 376 hereof, the offender shall face a penalty of up to 02 year’s community sentence or 03 – 24 months’ imprisonment.
5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 – 05 years.”