My father and the neighbor had an argument. The neighbor cut my father from the back and hit it right on the head, and had to be hospitalized with eight stitches. How do I file a lawsuit against my neighbor. Look forward to consulting!
Answer by: CTV1
“Citizens have the right to body inviolability, and to be protected by law in terms of life, health, honor and dignity.”
(Article 71, paragraph 1- Constitution of the Socialist Republic of Vietnam in 1992)
The act of slashing someone to injure or harming the health of another person is against the law. Depending on the dangerous nature of the act and the extent of damage caused, the person who performs the act may be subject to administrative sanctions or be prosecuted for criminal liability; At the same time, they must pay compensation for damage to the person suffering from health damage caused by such behavior.
In order to determine specifically the legal responsibility of the person causing the injury, you need to report and denounce illegal acts to the police investigation agency at the commune and district level at the place of residence. The contents of a report and denunciation application include basic contents such as: Full name of the reporter, date of birth, identity card number, permanent residence, details of the case. In addition, it is possible to attach evidence proving violations of the law. Thereby, the police have a basis to apply necessary legal procedures such as an investigation to verify the dangerous nature of the law violation; to solicit judicial examination to determine the extent of damage to the body caused by the injury-causing conduct. Assessment conclusions are an important basis for assessing whether an act of intentional injury is eligible for criminal prosecution; At the same time, it is also the basis for determining the liability to compensate for damage caused by the law violation.
If the act of causing injury or harming the health of another person is only subject to administrative handling, not to the extent that it is subject to criminal prosecution, according to Point k, Clause 3, Article 7 of Decree No. 150/2005 / ND-CP of the Government issued on 12/12/2005 regulating administrative sanctions in the field of social security and safety, people who commit acts of harming the health of others may be a fine of from 1,000,000 to 2,000,000 VND.
If the nature of the act and the extent of the damage are enough to constitute a crime, the act of intentional injury may be subject to criminal liability for Willful injury. Article 104 of the Penal Code provides for Crime of intentionally causing injury or causing harm to the health of another person as follows:
“first. Any person who intentionally inflicts injury on or causes harm to the health of others with an infirmity rate of between 11% and 30% or less than 11% but falls into one of the following circumstances, shall be subject to non-custodial reform up to three years or a prison term of between six months and three years:
a) Using dangerous weapons or tricks to harm many people;
b) Causing minor disability to the victim;
c) Committing the crime more than once against the same person or against many people;
d) Against children, pregnant women, frail old people, sick people or others incapable of self-defense;
dd) Against his or her grandparents, fathers, mothers, fosterers, teachers or teachers;
e) In an organized manner;
g) While being held in custody or temporary detention or being sent to an educational institution;
h) Rent causing injury or causing injury to hire;
i) Being of hooligan character or dangerous recidivism;
k) To obstruct the person on duty or for reasons of the victim’s duty.
2. Committing the crime of inflicting injury on or causing harm to the health of other persons with an infirmity rate of between 31% and 60% or from 11% to 30% but falling into one of the cases specified at Points a up to point k, Clause 1 of this Article, the offenders shall be sentenced to between two and seven years of imprisonment.
3. Committing the crime of inflicting injury on or causing harm to the health of other persons with an infirmity rate of 61% or higher or leading to death, or from 31% to 60% but falling into one of the cases specified in Points from a to k, Clause 1 of this Article shall be sentenced to between five and fifteen years of imprisonment.
4. Committing the crime resulting in the death of many people or in other particularly serious cases, the offenders shall be sentenced to between ten and twenty years of imprisonment or life imprisonment.
In addition, according to the guidance at Point 3.1, Section 3 of Resolution No. 01/2006 / NQ-HDTP of the Judicial Council of the Supreme People’s Court issued on May 12, 2006, the behavior of using milling cutters, assorted Sharp knives, sharp knives … are considered acts of using dangerous weapons.
Thus, in the case of using a knife to injure another person, only a certain infirmity rate is required to qualify for criminal prosecution.
In addition to being handled in accordance with the law on an act of infringing upon the health of another person, the person who performs the act is also responsible for compensating the abused person for any damage. Clause 1, Article 604 of the Civil Code stipulates “A person who, due to intentional fault or unintentionally infringes upon his life, health, honor, dignity, prestige, property, other legitimate rights and interests of Individuals, which infringe upon the honor, reputation or property of legal persons or other entities, and cause damage, must compensate. “
Regarding the determination of damage caused by the act of causing injury, according to the provisions of Article 609 of the Annual Civil Code:
“first. Damage caused by compromised health includes:
a) Reasonable expenses for the treatment, retraining and rehabilitation of health and lost or impaired functions of the aggrieved person;
b) The aggrieved person’s actual income is lost or reduced; If the actual income of the aggrieved person is not stable and cannot be determined, the average income of the same worker of the same type applies;
c) Reasonable expenses and lost real income of caregivers of the aggrieved person during the treatment period; If the aggrieved person is incapable of working and needs regular care, the damage includes reasonable costs for caring for the aggrieved person.
2. An infringer of another person’s health must compensate for the damage in accordance with the provisions of Clause 1 of this Article and another sum of money to compensate for the mental loss suffered by that person. The amount of compensation to compensate for mental loss shall be agreed by the parties; if no agreement can be reached, the maximum level shall not exceed thirty months’ minimum salary set by the State. “
You can agree with the injured person about the amount of compensation; compensation in cash, in kind or performing a job; method of compensation once or for many times. In the event that the abuser fails to fulfill his / her liability for compensation, he or she may initiate a lawsuit at the People’s Court of the district, district or town where the defendant resides. According to Clause 2, Article 164 of the Civil Procedure Code, the content of a petition includes the following main contents:
– Date, month, year of the petition;
– Name of the Court receiving the petition;
– Name and address of the petitioner;
– Name and address of the person with the rights and interests protected, if any;
– Name and address of the defendant;
– Name and address of the person with related interests and obligations, if any;
– Specific issues that are requested by the Court to resolve with regard to the defendant and persons with related interests and obligations;
– Full names and addresses of witnesses, if any;
– Documents and evidence to prove the lawsuit petition is grounded and legal;
– Other information that the petitioner deems necessary for the resolution of the case;
– The petitioner is an individual must sign or fingerprint; If the agency or organization initiates a lawsuit, the legal representative of such agency or organization must sign and affix a seal at the end of the petition.
The petition and accompanying documents and evidences can be sent in person or by post to the competent People’s Court.
Source: Ministry of Justice web portal