The reason for choosing the topic
Protecting human health is paramount, as it is a valuable asset for individuals, their families, and society as a whole The interconnected nature of society means that harming one person's health has far-reaching consequences Damage to one person can negatively affect their loved ones emotionally and physically, potentially leading to social and economic burdens on the community.
Compromise damages are a specific type of tort that is commonly encountered When the health is violated, the person who violates the health of others will have to compensate for the damage However, there are a number of provisions that are no longer suitable with reality and thereby cause many difficulties for the application of the law by the proceeding agencies, including related to the settlement and adjudication of criminal cases Court The legal regulations have made many fundamental changes related to the regulation of compensation for non-contractual damages, overcoming a number of limitations and inadequacies arising in social life However, through the practical application of the law in the past time, there are still different understandings of some provisions of the law leading to inconsistency in the application of the law, what is the actual and fundamental damage The basis for determining the actual damage is based on what criteria, it is difficult to determine and convert into economic value, besides there are arising problems such as: determining the error of compensation for damage caused by many people, compensation Usually damage caused by animals The practice of solving various types of cases related to compensation for damage caused by infringing health at Vinh City People's Court in recent years has been relatively numerous, for example in 2019: 17 cases; 2020: 19 cases; 2021: 14 cases, in the process of settlement, the Court has applied the provisions of the Civil Code to conciliate or adjudicate, but there are still some difficulties and limitations from the legal side, the aggrieved side, and the side the person causing damage and from the Court in the application of the law affecting the quality of settlement of all kinds of cases and matters related to compensation for damage caused by infringing health
Stemming from the above situation, I would like to choose the topic
"Compensation for damage to victims in cases of infringing on human health, from the practice of the People's Court of Vinh city, Nghe An province"
Graduate thesis majoring in Theory and History of State and Law.
Research status of the topic
Up to now, compensation for non-contractual damages in general and compensation for infringing health in particular have been published and implemented in the form of a good thesis by many research works articles published in scientific journals and newspapers such as: Master's thesis of Nguyen Minh Chau,"Compensation for damage in case of infringing life and health, some theoretical and practical issues"; Master's thesis by Nguyen Quynh Anh (2011), "Compensation for extra-contractual damage caused by illegal acts under the Civil Code 2005", Vietnam National University, Hanoi;
Master's thesis in Law by Dao Thao Ly,"Compensation for damage caused by acts of others according to Vietnamese law"; Master's thesis by Pham Thi
Huong (2014), "Compensation for damage caused by infringing on life and health according to Vietnamese law", Vietnam National University, Hanoi
Articles published in scientific journals:
Institutions of compensation for non-contractual damages have been the subject of legal debate and scholarship Pham Van Bang (2014) examined these institutions in light of the 2005 amendment to the Civil Code, raising pertinent issues Similarly, Ngo Thu Trang (2019) delved into the challenges faced in applying the law pertaining to non-contractual damages These contributions provide insights into the legal framework and practical implications of compensation for non-contractual damages in Vietnam.
People's Court magazine; Doan Thi Ngoc Hai (2019), "Compensation for non-contractual damage caused by official duty performers according to the provisions of civil law", People's Court magazine; Nguyen Van Hoi (2011),
"Limits and inadequacies in determining health damage are violated according to the provisions of current Vietnamese civil law", People's Court magazine (No 14)
The above works and articles have raised and analyzed the general issues of compensation for non-contractual damages as well as the issue of compensation for damage caused by infringing health in accordance with the law and other documents relevant version Contributing a lot in applying the provisions of the law to solve the cases, the compensation for damage caused by the health has been violated so far
However, in practice, in the settlement of compensation for damage caused by infringing health, there are still difficulties and obstacles leading to inconsistent application of the law, and the legal rights of the victims have not been resolved in time Timely, thoroughly, not fully clarifying the responsibility of the person to be compensated according to regulations Therefore, the topic "Compensation for damage to victims in cases of infringing upon human health, from the trial practice of the People's Court of Vinh city, Nghe An province" aims to study compensation for damage caused by human health Health is violated in practice, with the provisions of the law, giving practical solutions, contributing to the protection of legitimate rights and interests in cases and violations of human health Besides, I always have a sense of learning, inheriting results from theses, scientific works as well as practical experiences related to the research topic.
Research purposes and tasks
Clarifies theoretical issues and provisions of current law with the application and application of the law in practice on compensation for damage to victims Infringement cases on human health were settled at the People's Court of Vinh City Contributing to the settlement and adjudication of cases on compensation for damage caused by infringing health, which are getting better and better
To achieve the above purpose, the thesis goes into depth to solve the following specific issues:
+ Clarifying the current legal provisions on compensation for infringing health
+ Analyze and evaluate the current status of the law and the practice of applying the law in settling cases on compensation for damage caused by infringing health at the People's Court of Vinh city
+ Research on problems and inadequacies in the process of settling civil dispute cases, civil compensation in criminal cases on compensation for damage caused by infringing health of the City People's Court Vinh
+ Proposing solutions to contribute to perfecting the law, improving the efficiency in solving cases requiring compensation for damage caused by infringing health at the city-level People's Court.
Object and scope of research Research
Compensation for damage to victims in cases of infringing upon human health, from the practice of the People's Court of Vinh city, Nghe An province
- Spatial scope: Research on the practice of settling, adjudicating, and applying the provisions of the law on compensation for damage caused by infringing health at the People's Court of Vinh city, Nghe An province
- Scope of time: Data and documents are collected from the acceptance book, settlement results, judgments and decisions of the cases from 2015 to
2019, from which recommendations can be made , solutions to solve problems when settling cases on compensation for damage caused by infringing health.
Research method The
thesis is researched based on the dialectical materialism and historical materialism of Marxist-Leninist philosophy and Ho Chi Minh's thought At the same time, the following specific methods are used:
- Method of synthesis and analysis, in chapters 1, 2, 3
- Method of document and data statistics in chapters 1 and 2
- Method of comparison, comparison in chapter 2
- Methods of proof to clarify issues to be studied in chapter 2
- Methods of practical survey in court sessions in chapter 2.
New contributions of the topic
- Firstly: The thesis has analyzed and clarified the theoretical issues, the legal provisions on compensation for damage to victims in cases of infringing human health
The research method used in the thesis is a systematic analysis of the number of cases and incidents related to compensation for damages caused by infringements on personal health This analysis was conducted to assess the current state of health rights violations in Vinh City.
- Third: Survey the reality of acceptance, time limit for settlement, participate in mediation sessions, participate in court sessions, study the application of law in settling specific cases of compensation for damage due to infringing health, to point out the obstacles and difficulties in the process of resolving these types of cases at the People's Court of Vinh City
- Fourth: Through assessing the current situation of settlement and adjudication of compensation for damage caused by health damage at the People's Court of Vinh City, the thesis makes a number of recommendations and solutions to overcome this problem a number of difficulties and limitations while contributing to improving the efficiency of settlement and adjudication of cases of compensation for damage caused by infringing health
In addition, the thesis can be used as a reference for the agencies conducting proceedings in the settlement of cases and matters related to compensation for damage caused by infringing health.
Thesis structure
In addition to the introduction, conclusion and list of references, the content of the thesis consists of 3 chapters:
Chapter 1: Theory of compensation for damage to victims in infringement cases human health
Chapter 2: Actual situation of compensation for damage to victims in the trial of cases of infringing upon human health People's Court of Vinh city, Nghe An province
Chapter 3: Perspectives and solutions to determine compensation for damage to victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province.
The concept of compensation for damage to victims in cases of infringing upon
1.1.1 The concept of compensation for damage to victims in cases of infringing on human health
Compensation for damage caused by infringing health is a responsibility under non-contractual damages The legal basis for this is outlined in the Civil Code 2015, which covers compensation for non-contractual damage.
Non-contractual damages are a type of legal performance, making compensation for compromised health arise when the conditions prescribed by law are satisfied Compensation for damage caused by infringing upon human health has the general characteristics of non-contractual damages unless otherwise provided for by law The law does not specifically stipulate the basis for arising compensation for damage caused by the infringing health, but only stipulates the basis for arising out-of-contract compensation
Compensation for non-contractual damage is a type of legal liability, a coercive measure of the State under which the damage-causing person must compensate for the damage caused by his/her act when that act is performed at fault intentionally or unintentionally infringing upon property, health, life, honor, dignity, reputation and other moral rights of individuals, property, honor and reputation of legal entities or subjects other
Acts of infringing upon health are illegal acts, except in exceptional cases as prescribed by law Compensation for damages arises when a person commits an act that infringes on the health of another, has damage in fact, there is a causal relationship between the act and the damage This behavior is illegal The person who commits the act knows that it is an act that is contrary to the provisions of the law, dangerous to people around, and infringes on social relationships protected by the state, but still intentionally performs it From there, it is possible to generalize the concept of compensation for damage to victims in cases of infringing human health, which is to compensate for the damage of the person whose act infringes on the health of others, leaving a negative impact on the health of others bad for the person's health
Compensation for damage to victims in cases of infringing upon human health has the following characteristics:
- Persons who cause damage to the health of others must compensate for both material and spiritual losses Unlike other damages, the person causing the damage is only compensated for material damage, while for the compensation for damage caused by the infringed health, the aggrieved party is compensated for both the material value and the damage mental loss
- The law also stipulates that a person who does not commit acts of infringing upon the health of others, but still has to pay compensation, in case property causes damage, the owner or possessor of the property must pay compensation, for example, the compensation for damage caused by a source of extreme danger according to the provisions of Article 601 of the Civil Code 2015
- Damage-causing persons are not required to pay compensation in case the damage is caused by force majeure events or entirely due to force majeure events fault of the aggrieved party, for example, the victim intentionally jumped into a car to commit suicide But in cases where there is agreement or other regulations, compensation will still arise, for example: regulations of competent state agencies on management of sources of extreme danger in the rainy and stormy season
1.1.2 The meaning of compensation for damage to victims in cases of infringing upon human health
The duty of compensation for damages refers to a civil relationship where an individual who infringes upon another's rights, including life, health, honor, dignity, reputation, property, or legitimate interests, is liable for compensating for the damages caused This obligation arises from the violation of the other party's legal rights, resulting in a legal consequence for the infringer.
Compensation for damage caused by infringing health is prescribed in the current legal system, meaning for the protection of the life and health of individuals that cannot be infringed At the same time, educate the sense of law observance, respect for the legitimate rights and interests of other subjects; prevent other violations
Compensation for damage to victims in cases of infringing on health is to ensure compensation for damage caused, and to protect the legitimate rights and interests of victims
The general principle of the law is that a person who causes an act of causing damage, contrary to the law, must bear the consequences, that is, to pay compensation for the damage caused by his/her act, contributing to ensuring social justice
Through the regulation of compensation for health damage along with its application to settle related disputes, this regulation also has the meaning of deterring, educating and preventing violations of the law, causing damage From there, other people can see the consequences if they have harmful behavior Besides, it is also meaningful in propagating and educating the law through strict sanctions, raising people's legal consciousness.
Principles, contents and forms of compensation for damage to victims in cases of
1.2.1 Principles of compensation for damage to victims in cases of infringing on human health
Compensation for damage caused by harmed health is specified in chapter
XX "Compensation for damage outside the contract" of the 2015 Civil Code civil action due to the act causing damage arising between the subjects The party committing illegal acts must compensate the aggrieved party The ground giving rise to a civil obligation is "causing damage due to illegal acts" performed is understood as the duty and obligation of the damage-causing party to compensate the aggrieved party Accordingly, the basis for arising damages is the legal basis on which the Court can determine compensation for damage
Principles of compensation for damage, Article 585 of the 2015 Civil Code stipulates:
1 Actual damage must be fully and promptly compensated The parties may agree on the level of compensation, the form of compensation in cash, in kind or performance of a job, the compensation method once or many times, unless otherwise provided for by law
2 Persons subject to compensation for damage may be entitled to a reduction in compensation if there is no fault or unintentional fault and the damage is too great for their economic ability
3 When the compensation level is no longer consistent with reality, the aggrieved party or the damage-causing party has the right to request a court or other competent state agency to change the compensation level
4 When the aggrieved party is at fault in causing damage, it is not entitled to compensation for the part of the damage caused by its fault
5 The party whose rights and interests are infringed shall not be compensated if the damage occurs due to the failure to apply necessary and reasonable measures to prevent or limit the damage to itself
The contents of the provisions have the above principles, which can be understood:
- The actual damage must be fully and timely compensated:
When the incident occurs, the parties can agree on the level of compensation and the form of compensation usually in money, in kind or performing a job, the compensation method is one-time or many times, unless otherwise provided for by law In case of lawsuit settlement, the Court must respect the agreement of the parties on the level of compensation, the form of compensation and the mode of compensation, if such agreement is not contrary to law or social ethics In case the parties cannot reach an agreement, when settling a dispute over compensation for damage upon request or necessity, the Court shall apply provisional urgent measures as prescribed in Chapter VIII of the provisional emergency measures time, is specified in Clause 3, Article 114 of the 2015 Civil Procedure Code "Forcing the pre- performance of part of the obligation to compensate for damage caused by life or health being infringed"
- Persons subject to compensation for damage may be entitled to a reduction in compensation if there is no fault or unintentional fault and the damage is too great compared to their economic ability:
The damage occurred is too great compared to the previous economic possibility the eyes and the long term of the person causing the damage, that is, the damage occurs for which they have made compensation, for which their immediate economic situation as well as in the long run cannot be fully compensated or most of the damage
- When the compensation level is no longer consistent with reality, the aggrieved party or the damage-causing party has the right to request a court or other competent state agency to change the compensation level
Due to economic shifts, rising prices, inadequate compensation, changes in injury status, or alterations in the perpetrator's financial means, individuals with compromised health can request compensation adjustments to reflect these changes This includes situations where the initial damage requires prosthetics or dentures, and their cost has significantly increased since the time of the incident.
- When the aggrieved party is at fault in causing damage, it is not entitled to compensation for the damage caused by its fault:
With fair argument, no matter how much damage is caused, compensation will be paid, but in many cases the aggrieved party is at fault for causing the damage, for example: a person intentionally rushes into a car to commit suicide
The damage is partly caused by the damage sufferer, and partly due to the fault of the person causing the damage, so the damage sufferer is still compensated for the part of the damage that is not due to his fault It is not easy to determine the degree of fault of the person causing the damage in the practice of judgment settlement, especially the division of the percentage of damage that occurs in the cases of "mixed fault"
- The party whose rights and interests are infringed shall not be compensated if the damage occurs due to the failure to apply necessary and reasonable measures to prevent or limit the damage to itself For example: a person injured in a motorcycle accident, although the wound is light, does not wear a bandage, does not disinfect, leading to a serious infection
1.2.2 Contents of compensation for damage to victims in cases of infringing upon human health
Article 590 of the 2015 Civil Code stipulates that damage caused by infringing health is as follows:
1 Damage caused by infringing health includes: a) Reasonable expenses for the treatment, fostering and rehabilitation of the aggrieved person's health and lost or reduced functions; b) The actual lost or reduced income of the aggrieved person; if the actual income of the aggrieved person is unstable and cannot be determined, the average income of the same type of worker shall apply; c) Reasonable expenses and actual lost income of the carer of the damage sufferer during the treatment period; if the aggrieved person loses his working capacity and needs someone to take care of him regularly, the damage includes reasonable expenses for taking care of the aggrieved person; d) Other damage prescribed by law
2 The person who bears compensation in case the health of another person is violated must pay compensation for damage as prescribed in Clause
1 of this Article and another sum of money to make up for the mental loss suffered by that person The level of compensation for mental loss shall be agreed upon by the parties; if no agreement can be reached, the maximum level for a person whose health is infringed shall not exceed fifty times the base salary prescribed by the State
When a person's health is violated, damage is determined to include material damage and mental loss
Socio-economic conditions in Vinh city, Nghe An province
In the report on the results of socio-economic development in the period
2011 - 2020 and the 5-year socio-economic development plan (2021 - 2025), orientation to 2030 of the People's Committee of Vinh city has summarized the socio-economic situation of Vinh city, specifically as follows:
Vinh city is 295 km north of Hanoi, 16 km northeast of Cua Lo town, 1,424 km south of Ho Chi Minh City, 456 km west of Vientiane (Laos) The city is located in the southeast of the province next to the Lam River, and is located on the main North-South traffic axis of Vietnam Vinh is the most populous city in the North Central region with more than 490,000 inhabitants (as of 2015) The city is adjacent to Nghi Loc district to the north and east, Hung Nguyen district to the west and northwest, as well as Nghi Xuan district and Ha Tinh province to the south Vinh is located 300 km south of Hanoi and 1,400 km north of Ho Chi Minh City
Vinh city has an area of 104.5 km², population in 2018 is 545,180 people (converted population) In which, urban residents account for 80% About 4% of the population is Christian
With an area of 105 km², Vinh, a city in Vietnam, has a population of 339,114 The city's population density is 3,230 people per square kilometer The urban population of 230,439 accounts for 68% of the total, while the rural population of 108,675 accounts for the remaining 32%.
The residential community with its traditions, production experience and essence has been summed up, bringing together the beautiful quintessence of many classes of workers who used to be workers, farmers, scientists, Soldiers participate in economic construction, a resource that plays a very important role in the development of the city
- Labor: the whole city has 218,106 laborers in age (accounting for 63.41% of the general population), of which the main labor force is 198,526 people
- Culture: The cultural life at the grassroots level has always been paid attention, invested in construction and development in the right direction, made many progress, soon absorbed and approached new cultures, contributing to socio-economic development festival The spiritual life of the people has been gradually improved and enhanced Facilities have been invested in construction, cultural, artistic and sports movements have flourished, the conservation of cultural heritages has been paid attention, and the promotion of cultural values has been focused The rate of cultural families in 2019 reached 83%, the rate of wards and communes with cultural institutions meeting national standards in 2021 was only 88%
- Health: the city has 5 large hospitals, basic investment facilities and more than 5000 beds
- Education: There are 120 schools in the district In which: 25 Kindergartens (there are 16 private preschools); 25 Primary Schools; 25 secondary schools; 5 high schools; 1 Center for Vocational Education -
Continuing Education; and 23 Colleges and Universities (of which 7 Universities and 16 Colleges) Up to now, there are 109 schools meeting national standards
- Sports: sports facilities are always consolidated: 25/25 wards and communes have sports fields Especially, there is Vinh Stadium to organize big sports events The mass physical training and sports movement has developed quite strongly
- Security and national defense: the security and order situation in the area is maintained, social order and safety are ensured, and the movement of the entire people to protect national security is supported by a large number of people family
Despite overall economic and cultural advancements in the city, a small portion of households remain in poverty or near-poverty, facing challenges in education and employment While the city's economy thrives, it has yet to fully support these underprivileged households, resulting in lingering income disparities Infrastructure, including transportation, education, healthcare, and cultural amenities, has witnessed significant enhancements, largely driven by investments from economic actors.
Organizational structure of the people's court of Vinh city, Nghe An province 27 2.1.3 Crime situation infringing on human health in Vinh city, Nghe An province
The 2013 Constitution stipulates the position and functions of the People's Court as follows:
The People's Court is the judicial organ of the Socialist Republic of Vietnam, exercising judicial power The People's Court consists of the Supreme People's Court and other courts prescribed by law The People's Courts have the duty to protect justice, human rights, citizens' rights, the socialist regime, the interests of the State, the legitimate rights and interests of organizations, the core
Courts have the duty to adjudicate criminal, civil, marriage, family, labor, economic and administrative cases and settle other matters in accordance with law to protect human rights and citizens' rights , protect the socialist regime and the people's mastery, protect the property of the State and the collective, protect the lives, property, freedom, honor and dignity of citizens
People's Courts of districts, towns, provincial cities and the equivalent (hereinafter referred to as city-level People's Courts) are defined in Article 44 of the Law on Organization of Courts 2014, City-level People's Courts has the following tasks and powers: first-instance case according to the provisions of law; settle other matters as prescribed by law
The People's Court of Vinh City is organized according to the Law on Organization of the People's Courts 2014
Functions and duties of the People's Court of Vinh City:
- Courts to hear criminal and civil cases (including civil disputes, marriage and family, business, commercial, labor), administrative cases
- Courts deal with civil matters (including civil claims, marriage and family claims, business and commercial requests, labor claims) The court shall handle other matters as prescribed by law.2.1.3 Crime situation infringing on human health in Vinh city, Nghe An province
In recent years, the situation of crimes and acts of infringing upon the life, health, honor and dignity of people in Vinh city has tended to increase in terms of the number of cases, the subjects involved implementation and the nature and extent of the act that is dangerous to society, many of the subjects of the violation are minors
The number of types of cases the People's Court of Vinh City accepts and handles on average about 400 cases each year (of which about 70 criminal cases account for 17.5%; 40 civil cases account for the proportion 10%; 20 business and commercial cases accounting for 5%; 5 labor cases accounting for 1.25%; 265 marriage and family cases accounting for 66.25%)
+ Criminal: On average, the People's Court of Vinh city handles about 70 cases of all kinds every year, in which the group of crimes infringing on human health is about 10 cases, including crimes against human health : Intentionally causing injury (Article 134); Violations against regulations on participating in road traffic (Article 260); Rape (Article 14); Obscenity against a person under 16 years of age (Article 146); Intentionally causing injury or harm to the health of another person in a state of intense agitation (Article 135); Intentionally causing injury or harm to the health of others by exceeding the limits of legitimate defense (Article 136); Intentionally causing injury or harm to the health of others (Article 138)
On average, every year, about 40 civil litigation cases are handled, related to the claim dispute due to compromised health (due to lack of conditions for criminal prosecution) about 5-6 cases
On average, every year, cases related to infringing on human health range from 15 to 16 cases.
The practice of compensation for damage to victims in the trial of cases of
The practice of solving cases claiming compensation for damage due to damaged health in recent times at the People's Court of Vinh City has achieved the following results:
One is about the time limit for proceedings:
- Criminal cases about groups of crimes infringing upon human health, civil cases requiring compensation for damage caused by infringing health are all settled in a timely manner, within the time limit prescribed by law on procedures
- Procedures for filing lawsuits, providing evidence, and collecting documents are all carried out according to administrative and judicial reform procedures, with the guidance of Court officials Cases of victims who are under 16 years old, pregnant women, the elderly, ethnic minorities, incapacitated people, etc all involve legal aid and legal aid attorney as the defender of the interests of the litigants
The People's Court of Vinh City has effectively utilized the provisions of Article 585 of the Civil Code 2015, promoting the principle of full and timely compensation for actual damages The court encourages parties to reach agreements on compensation levels, aligning with the objective of facilitating equitable solutions in civil disputes.
For example: 1, Judgment No 59/2020/HSST dated 30/11/2020 for the crime of “Intentionally causing injury” against defendants D.V Quyet, NHHoa, VVDai, V.D.Hoang ; The victim is N.D Truong with a body injury rate of 13% Before the trial, the Court held a conciliation before the civil compensation, after being analyzed by the Judge the provisions of the law and the cause of the injury, the two parties reached an agreement on the full amount of compensation The set of prescribed expenses is VND 30,000,000 Directly received 13,000,000 VND, the remaining 17,000,000 VND the defendants paid at Vinh City's Judgment Execution Sub-Department
Pursuant to the provisions of the law, the Court decided to impose a penalty of 9 months in prison for D.V Quy, 8 months for NHHoa, but for a suspended sentence of 16 months of probation, and for V.Đ Dai for 8 months in prison received a suspended sentence of 16 months probation, V.Đ.Hoang was sentenced to 6 months in prison, but was given a suspended sentence of
- The case when the aggrieved party is also at fault for causing the damage, has been assessed by the Court for the objective fault, and resolved in a reasonable manner
For example: Judgment No 30/2021/HSST dated May 29, 2021 for the crime of “Intentionally causing injury” to defendant NQTung; P.D Quan's victim had a body injury rate of 47% In the case, the victim P.D Quan was also guilty of stepping on Tung's back with his right foot, causing Tung to fall to the ground, which was the initial cause of the conflict between the two sides leading to a fight Before the trial, the Court held conciliation, clarified the cause of the scuffle, assessed the damage, and clarified the original fault of the victim After analysis and conciliation, the victim and the defendant agreed to compensate for the total loss of 30,000,000 VND
Pursuant to the provisions of the law, the Court decided to impose a prison sentence of 3 years for NQTung
Three is about the quality of the resolution:
The court's meticulous consideration and evaluation of cases ensured the uniform application of law, grounding compensation requirements in reality to protect victims' rights Courts clearly outlined the responsibilities of those liable for damages, ensuring their judgments safeguard human rights This rigorous approach has resulted in a low appeal rate and an absence of protests, underscoring the court's effectiveness in compensating for health infringements.
Fourth, apply some specific regulations:
- Through studying the cases that have been and are being settled at the People's Court of Vinh City, the determination of compensation for damage to the victim is considered, evaluated and applied by the Court in accordance with the law criminal and civil, which are the grounds for arising compensation for damage as prescribed in Article 584 of the Civil Code 2015, and the instructions in Resolution 03/2006/NQ-HDTP dated July 8, 2006 of the Appellate Board Judge of the Supreme People's Court guiding the application of a number of provisions on compensation for non-contractual damages The Court has applied flexibly in each specific case to determine and clarify the compensation performance of the damage-causing person, but also specifically consider the reasonable claims of the damage sufferer
For example: In the judgment No 43/2021/HSST dated August 31, 2021 for the crime of “Intentionally causing injury” to the defendant NVT Tri, the victim is TVHao with a body injury rate of 5 %
At the Court hearing, Mr Hao asked defendant Tri to pay compensation for health damages including:
+ Cost at Huu Nghi General Hospital, Nghe An: 13,600,000 VND
+ First aid costs and gas at the dispensary: 700,000 VND
+ Health allowance after discharge: 3,202,000 VND
+ Salary during treatment and convalescence: 14,600,000 VND Total: 33,678,705 VND, in addition to asking for money for mental harm in accordance with the law
Defendant Tri thinks that the request for Mr Hao is too high to ask the Court to consider in accordance with the law Considering that Mr Hao's request for compensation for damage contains reasonable amounts and unreasonable requirements According to the provisions of law, the following items can be accepted:
Cost of Huu Nghi General Hospital:
+ Medicines and supplies at Nghe An General Hospital: 392,161 VND + Drug bill: 473,566 VND
Cost at Nghi Loc commune clinic:
+ Rent a taxi to go back: 200,000 VND
+ Money for the return trip: 100,000 VND
+ Money for hybrid car: 60,000 VND
+ Jeans: 700,000 VND and shirt 400,000 VND
Unworkable wages: 11 days x 200,000 VND = 2,200,000 VND
Caregivers' wages: 10 days x 200,000 VND = 2,000,000 VND
Reduced income in the 30 days after discharge from the hospital: 2,000,000 VND
Total: 12,444,727 VND Defendant Tri paid 2,500,000 VND in advance and paid 3,000,000 VND at the Judgment Execution Department, but still had to pay compensation for 6,944,727 VND
Pursuant to the provisions of the law, the Court decided to impose a prison sentence of 6 months for NVT Regarding civil implementation, NVT Tri had to compensate TVHao for material damage and mental loss in the amount of 12,444,727 VND out of a total claim of 33,678,705 VND
- The court also clarified and determined compensation for damage caused by many people
- Make compensation when violating the health of many people
Five is a form of compensation, bearing interest for late performance of obligations:
The settlement process at the People's Court of Vinh city shows that compensation for damage to victims due to their health being violated in terms of the form applied in conciliation and adjudication cases is mainly compensation in money (VND) The provisions of compensation in kind or performing a job have not been applied at the People's Court of Vinh City, because the person whose health was violated did not ask for it, mainly asking for compensation in money
For example: In the judgment No 09/2020/HSST dated February 27,
2020 on trial for the crime of "Intentionally causing injury", the defendant is
Ms TTMinh, the victim is Mr D.V.Hue with the injury rate bodily injury is 12%
Now, Mr Hue asks defendant Minh to pay compensation for damage to his health, including: Medical expenses at Friendship General Hospital Nghe
An VND 6,663,360; expenses for examination, imaging, medical treatment at Viet Duc Hospital in Hanoi 5,407,000 VND; travel expenses when going to Viet Duc Hospital in Hanoi 680,000 VND; the actual lost income from wound treatment to October 28, 2019 is 75 days x 390,000/day = VND 29,250,000; the carer's wages for 10 days x 180,000/day = 1,800,000 VND; mental health loss is violated 30 times the base salary is 1,490,000 VND which is 1,490,000 VND x 30 = 44.7 million VND Total is 88,470,000 VND
Considering the victim's request, finding that this request is too high, based on the provisions of Articles 584, 585 and 590 of the Civil Code 2015, there are grounds to accept the following amounts: Hospital fees, x-rays, money medicine at Northwestern Nghe An hospital is VND 6,558,000; expenses for medical examination and medicine at Viet Duc Hospital, Hanoi is 3,079,000 VND; the cost of the car to go to Hanoi for examination is
The total compensation for medical costs, caregiver wages, mental loss compensation, and lost income due to incapacity can amount to 34,735,000 VND in Hanoi This includes 800,000 VND for medical expenses, 1,800,000 VND for caregiver wages during hospital stays, 7,450,000 VND for mental loss compensation (equivalent to 5 months' basic salary), and 15,000,000 VND for lost income (calculated as 75 days of work at a daily rate of 200,000 VND).
The decision to sanction TTMinh 24 months in prison for a suspended sentence for the crime of "Intentionally causing injury" and to compensate
Assessing the status of compensation for damage to victims in the trial of human
2.3.1 Results of achieving compensation for victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province
Human rights, including the right to protect life and health, are always one of the top concerns in our country Clause 1, Article 20 of the 2013 Constitution of the Socialist Republic of Vietnam stipulates: “Everyone has the right to inviolability of the body, to be protected by law in terms of health, honor and dignity…” The current situation of crimes and acts infringing on human health is becoming more and more complicated, sophisticated and reckless and extremely dynamic The People's Court of Vinh City in recent years has overcome many difficulties in downsizing the payroll, facilities and information technology, although it is still lacking compared to the requirements, it has tried to complete the job well Adjudication for all kinds of cases in general, the field of settlement, adjudication of all kinds of cases, the compensation for damage caused by infringing health in criminal cases, civil dispute cases in particular The application of the law in the process of settling a dispute claiming compensation for damage caused by an infringing health is quite comprehensive and thorough, ensuring the legitimate rights and interests of the involved parties
The application of the law in the process of dispute settlement claiming compensation for damage caused by health damage is quite comprehensive and thorough, ensuring the legitimate rights and interests of the involved parties The correct, flexible application, and building adjudication skills for judges on crimes infringing on human health has contributed to protecting personal life and health, protecting socialist legality, protect the legitimate rights and interests of citizens At the same time, educate the sense of law observance, respect for the legitimate rights and interests of other subjects, and prevention of violations
In general, the statistics of cases over the years show that the Court has focused on improving the trial quality, minimizing to the minimum judgments and decisions that are canceled or corrected due to subjective errors of the Judge resolutely overcome the overdue judgment of the law, violation of the procedural time limit Progress in settling and adjudicating various types of compensation cases for damage caused by health damage in a timely manner, well implementing the strengthening of conciliation, ensuring the principle of voluntary and self-agreement of the involved parties, contributing to reducing conflicts and strengthen solidarity among the people
2.3.2 Limitations and causes of limitation of compensation for victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province
In addition to the achieved results, the settlement of damage caused by violated health at the People's Court of Vinh city also has many limitations and inadequacies from the provisions of the law to the work of the Court to the victims damage, the person causing the damage, the person with related interests and obligations Civil disputes in criminal cases related to damage caused by infringing health, dispute of claim for infringing health according to civil litigation procedures is one of the types of civil disputes popular today When the incident occurs, there are potential disputes and conflicts in society, the victims, the damage-causing people, the people with related rights and obligations, it takes time and effort to pursue the case without peace of mind can produce
- Restrictions from the provisions of the Law:
The Indonesian legal framework, encompassing the Penal Code 2015 and Civil Code 2015, provides a comprehensive foundation for safeguarding human life and health However, within these regulations, there exist certain general provisions that lack authoritative guidance from relevant agencies, potentially limiting their effectiveness.
For example: Judgment No 55/2018/HSST dated November 9, 2018 of the People's Court of Vinh City, trialing defendant NTHU for the crime of
"Intentionally causing injury", the victim Ms CTLe had the degree of injury 21% bodily injury, required to compensate for mental loss 5,000,000 VND
Through the above case, with the requirements to compensate for the mental loss of the person who suffered damage due to the violated health, with different degrees of bodily harm Persons with 12% physical damage are required to compensate for mental loss of 100,000,000 VND, and those with 21% bodily injuries are required to compensate for mental losses of 5,000,000 VND The grounds for the Court to consider and accept are extremely difficult, because when the material damage is an objective factor that can be easily recognized and measured, the mental damage is more subjective object, it is difficult to determine and convert into economic value Article
590 of the Civil Code (2015) has set a number of ceilings on mental loss to be agreed upon by the parties The basic salary is regulated by the state, but does not specify in any case how much is applied, leading to confusion and inconsistency in the adjudication of judges in a court office in the determine the extent of the damage and the commensurate compensation
To overcome this situation, the Vinh City Court has applied more provisions in Resolution No 03/2006/NQ-HDTP of the Council of Judges of the Supreme People's Court, which is to consider the following issues specific circumstances such as the severity of the infringement, the degree of deterioration or loss of reputation, shunned by friends due to misunderstandings, the length of time the loss suffered, the extent of grief, sadness , emotional loss to fix a reasonable amount for the claim for emotional loss in each specific case
Individuals whose health rights have been violated face challenges in obtaining legal protection if they are not fully informed about the law Many cases involve minor injuries or situations where the injured party seeks medical attention outside a hospital setting In such instances, disputes may arise due to the lack of medical records or evidence to substantiate the treatment received, making it challenging to resolve the matter through legal channels.
- Limitations on the part of the indemnifier: The person causing the damage, the person making the compensation refuse to cooperate, the judge even evaded the implementation, affecting the implementation of the principles of compensation for damage harm,
- Limitations from the Court: All kinds of cases and matters related to claims for infringing health compensation in criminal and civil cases directly affect the legitimate rights and interests of the litigants which is protected by law At the Vinh City Court, the lack of officials and judges due to the reduction of the general staff, the lack of facilities and the lack of meeting the requirements of the tasks set forth has greatly affected the settlement of these cases shared; including claims for damages due to infringing health, cases of slow and prolonged settlement partly due to many complicated cases, a large number of participants in the proceedings, and non-cooperation of the involved parties (such as failure to perform the obligation to provide evidence, many cases have to wait for entrustment results, assessment results) the coordination of specialized agencies such as assessment and rehabilitation
Firstly, due to the weakness in the detection and handling of crimes infringing on human health
+ The crime suppression work of the competent authorities is still loose, making the criminal groups' activities in recent years become more and more active
Due to inefficiencies, the timely retrieval and analysis of information has been lacking Investigations fail to adhere to the expected standards, resulting in insufficient quantity and quality Additionally, the prosecution process has been marred by both incorrectness and tardiness, leading to compromised outcomes.
+ In addition to the limitations in the activities of the investigating agency and the People's Procuracy, the limitation in the judge's adjudicating skills is also a factor affecting the increase in crime in general as well as in the criminal group crimes against health in particular
+ Limitations in crime detection and handling activities, limitations in judgment and criminal enforcement
+ The coordination between the proceedings-conducting agencies is not really close and effective, leading to the inconsistent perception and application of the provisions of the Penal Code
Secondly, besides the achieved results of legal propaganda, dissemination and education, there are still limitations such as the form of propaganda is not rich and diverse, the propaganda is not widely disseminated spread to key areas, remote areas, so the understanding of the law of each region and region is not uniform
Third, the negative socio-economic impacts: difficult economic life, high unemployment; the flip side of the growth and development of trade and service industries; limitations from the work of educating people from home or school
Fourth, the state management in the field of culture, social order and safety is not good
Viewpoint on ensuring compensation for damage to victims in the trial of cases of
Through researching and learning about the guarantee of compensation for damage to victims in the trial of human health infringement cases of the city-level People's Court, I would like to offer some points of view to improve The quality of adjudication on compensation for damage caused by infringing health is as follows:
Health is the most precious capital of each person and of the whole society Protecting, caring for and improving people's health is a humanitarian activity, directly ensuring human resources for the cause of national construction and defense, and is one of the top priority policies of the Party and State country Investment in this field is investment in development, demonstrating the good nature of the regime The People's Court with its functions and duties, implements the protection of human health on the basis of the Party's viewpoints and the state, is to always identify people as both the goal and the driving force of the cause of national construction, affirming that people are the center of socio-economic policies, promoting and protecting human rights People are an important factor for sustainable development, ensuring the victory of industrialization and modernization of the country All guidelines, lines and policies of Vietnam aim to strive for the goal of "rich people, strong country, democratic, fair and civilized society", all for the sake of people and for people
The 2013 Constitution stipulates the right to equality before the law, the right to life is one of the most basic human rights: “Everyone has the right to life Human life is protected by law No one shall be illegally deprived of his life” (Article 19) and “Everybody has the right to inviolability of the body, to be protected by law in terms of health, honor and dignity; free from torture, violence, coercion, corporal punishment,…” (Article 20) The 2015 Penal Code has dedicated Chapter XIV (from Articles 123 to Article 156) that prescribes penalties for crimes of infringing upon human life, health, dignity and honor Civil Code 2015 stipulates in chapter XX that compensation is made outside the contract, of which Article 590 provides for compensation for damage caused by infringing health With the provisions of the Law, the person who suffers damage due to his/her health is infringed Offenders have the right to material and spiritual compensation and restoration of honor according to the provisions of law
The Court sector has fully embraced the Party and State's emphasis on upholding human rights By ensuring the strict and fair trial of criminal cases, the Court safeguards human health and well-being The Court is prioritizing the swift resolution of civil cases and is committed to upholding human rights in all its adjudication activities.
3.1.1 Ensuring the quality of trial and meeting the requirements of judicial reform, protecting human rights and citizens' rights
Judicial reform is a persistent and continuous strategy, associated with the process of constantly improving the people's material and spiritual life The precise, specific and professional planning of the Party's leadership and direction for this strategy is of great significance, ensuring the success of judicial reform and building the judiciary civilized, progressive, associated with the people, serving the people
Under the leadership of the Party, the judicial reform strategy over the past 15 years has achieved many great achievements Notably, it has basically formed a fairly complete judicial legal infrastructure with nearly 70 laws on the organization of judicial agencies, a legal system on judicial content, a judicial procedural law system and a legal system legal aid law The 2013 Constitution and the judicial legal system contain three important innovations: First, respecting and ensuring human rights and citizens' rights; second, publicity, transparency, compliance with the law; third, strengthen control of judicial power
The State should give priority to the development of guiding documents on citizenship, building and perfecting the legal system to ensure human rights Economic, social and cultural rights also urgently need to be studied and summarized in practice; On that basis, the regulation of individual property rights needs to be more specific Because this is the right to hold a dominant position over other rights Only when personal property rights are guaranteed, citizens can feel secure putting capital into production and business, creating wealth to enrich themselves and the society Not only protecting the legitimate rights and interests of the people in general, but the priority subjects are from the specific physical, psychological, interests of children and women, elderly citizens as well as the elderly disabled , the requirement in the rule of law is to perfect the law to protect the interests of this group of people: There must not be any discrimination in the provisions of the law; Their interests must be guaranteed in practice
3.1.2 Ensure the correct implementation of the law, prevent injustice and wrong
The 2013 Constitution reflects Vietnam's commitment to judicial reform, incorporating innovative principles aligned with international conventions Among these, the principle of litigation in trial safeguards fair and impartial proceedings by ensuring the rights of participants This principle has been implemented throughout the legal system to minimize the likelihood of miscarriages of justice during trial proceedings.
In which the principle that the Trial Panel only obeys the law is always upheld That is, apart from the law, they cannot obey anything or anyone else
They are not subject to any outside interference The law gives them the right to make full use of that right No one should, in one way or another, infringe on their rights
3.1.3 Ensuring the rigor of justice, in accordance with principles
In settling cases, the two-level People's Courts well implemented the guideline of conciliation, ensuring compliance with the law, helping to resolve the case quickly and ending it soon, reducing conflicts among the people, preserving and strengthen solidarity in each family and community The settlement of cases is carried out in accordance with the provisions of law, ensuring the legitimate rights and interests of the involved parties, strictness of justice, and in accordance with principles
With the introduction and application of many breakthrough, effective and practical solutions, the operation of the court system continues to have positive changes in all aspects of work The quality of handling and adjudicating all kinds of cases is guaranteed, the rate of judgment cancellation or correction due to subjective causes is less than 0.53% In order to successfully complete the People's Court, the People's Court has accelerated the progress and improved the quality of handling and adjudicating all kinds of cases; well implement the principle of litigation, ensure that the court's judgment is in accordance with the law, ensure justice, protect human rights and citizens' rights; focus on doing well the work of conciliation in the settlement of civil cases and dialogue work in the settlement of administrative cases; thoroughly overcome the groundless suspension of the settlement of the case; step up the organization of trials to learn from experience in the spirit of judicial reform
3.1.4 Contributing to ensuring security, politics and social safety
National security is paramount, requiring an unwavering defense posture to counter threats Socioeconomic development must prioritize security considerations, particularly in remote regions and coastal areas Furthermore, maintaining political stability and social order is essential Vigilance must be maintained against hostile forces by actively thwarting their plots and preventing any disruption of peace and stability.
Strictly implementing the Party's line, guidelines, policies and laws of the State in the settlement of disputes over land use rights, whereby settling disputes over land use rights is a content of State management In terms of economy, it is one of the certain measures for the State to promote the role of social management by law.
Solutions to ensure compensation for damage to victims in the trial of human health
of human health infringement cases of the People's Court of Vinh city, Nghe An province
Courts at all levels have undergone significant reforms as part of the renovation work initiated by the Party These reforms have had a profound impact on public affairs adjudication, the primary responsibility of the courts By synchronizing specific and practical solutions while adhering to political requirements, the courts have applied legal provisions appropriately to resolve cases, particularly those involving human life and health Moreover, they have enhanced the quality of proceedings by strictly adhering to procedural laws, upholding the constitutional principle of protecting human rights and citizens' rights.
- Completing the provisions of the 2015 Penal Code on crimes infringing on human health
In order to be consistent in awareness and application of the law while adjudicating crimes infringing upon human life and health properly, without omitting criminals, without unjustly wronging innocent people, the completion of regulations of the law is important In fact, it is necessary to distinguish the boundary between these crimes and other crimes in a group of crimes, for example: Article 134 of the Penal Code (2015) on the crime of
"Intentionally causing injury or harm to the health of others" that there are extenuating circumstances such as committing a crime in the case of mental agitation caused by the victim's illegal behavior with Article 135 of the crime of "Intentionally causing injury or harm to the health of others" in a highly agitated state of mind” Or the provisions of civil law such as the need to clearly guide the amount of compensation for mental loss to the claimant for damage caused by infringing health In fact, at the Criminal Court, the level of compensation depends a lot on the judge's skills when researching and solving cases Some crimes in the group of crimes infringing on human life and health currently do not have specific guidelines, so this will be a loophole that leads to improper handling of the nature and extent of the offense and leads to omission of the crime, for example: The crime of intentionally causing injury or harm to the health of others (Article 134), with the circumstances "causing minor injury to the victim, intentionally causing injury or causing harm to the victim" harmful to the health of the elderly and weak”, the elderly in this case are people aged 70 years or older, there is no guidance on what is a mild disability and what is old age
The People's Court should soon study and issue legal documents guiding and explaining the following issues:
+ Guiding and explaining the grounds for distinguishing between murder and intentional injury, etc Currently, the local courts at all levels do not have an official legal basis to solve the crime Solving this issue has resulted in a number of cases that need to be corrected after trial
+ Guiding and explaining the grounds to distinguish the following three crimes: intentionally causing injury or causing harm to the health of others (Article 134); the crime of intentionally causing injury or causing harm to the health of another person in a state of great agitation (Article 135) and the crime of intentionally causing injury or causing harm to the health of another person by exceeding the limit term of legitimate defense (Article 136) to unify the perception of the law
+ Guide and explain more clearly about the "criminal of thug nature" circumstances According to Official Letter No 38/NCPL dated January 6,
1976 of the TANDTC and at the 1995 Conference summarizing the work of the Court branch, it was explained that "having a thug nature is an action": disregarding the law; always disrupting peace and order; willing and willing to use force to intimidate others; stabbing, killing, infringing upon the life, health and honor of others without cause However, it is necessary to distinguish between "thug" and "violent crime", "thug" refers to a person,
"criminal of a thug character" refers to human behavior when committing a crime A thug when performing a crime is not necessarily a thug
- Completing the provisions of the Civil Code 2015, on compensation for damage outside the contract
It can be said that the regulations on the regulation of compensation for damage caused by infringement on human health and life have been relatively comprehensive and gradually improved in the process of law-making However, this is an institution that, when implemented in practice, is very difficult to do because most of the cases of compensation for damage caused by infringing on life and health, the obligor often has to bear it at the same time both implementation: Criminal execution and civil execution When the person causing damage is sentenced to imprisonment, it means that the obligor is limited to perform the obligation to compensate the victim for damage, in case the obligor is sentenced to general imprisonment death penalty, the judgment of civil execution of damages is often only a formality without the possibility of actual implementation This is also one of the specific features of the case of compensation for damage caused by infringing on life and health, making the victims often suffer a great loss
- There should be a resolution of the Judicial Council of the Supreme People's Court detailing regulations on compensation for damage caused by infringing health
Resolution 03/2006/NQ-HDTP dated July 8, 2006 of the Council of Judges of the Supreme People's Court guiding the compensation for damage outside the contract in accordance with the provisions of the Civil Code 2005, the provisions must be based on the behavior of the Supreme People's Court unlawful Currently, the 2015 Civil Code is in effect but still applies Resolution 03/2006/NQ-HDTP, while the new regulations do not have a definition of “illegal acts” but only list specific acts such as infringing upon the life, health, honor, dignity, reputation, property, rights and other legitimate interests of other subjects, causing damage
Currently, the People's Court of Vinh City has a total payroll of 25 people, with over 400 cases/work/year, in order to promptly and qualitatively settle all kinds of cases related to compensation for damage caused by damages Infringed health, the Court through settlement, adjudication, rulings play an important role, decide the entire determination of compensation for damage caused by the infringed health, timely protect the rights and interests of patients benefit the injured The request posed to the Court now needs to implement a number of solutions as follows:
- To step by step improve the quality of settlement and adjudication of all kinds of cases, in which cases claiming health compensation have been violated, it is necessary to ensure that the Court's judgments are in accordance with the law and ensure justice protect human rights and citizens' rights
- Continue to well implement the Party's resolutions, including: Resolution of the XIII Congress and the Party's resolutions on judicial reform; Resolution of the National Assembly on judicial reform; in which, strive to complete the work targets set out in these resolutions
Improve the trial quality of all types of cases in the spirit of Resolution
No 08 and Resolution No 49 of the Politburo
- Continue to focus on conciliation and dialogue in civil and administrative settlement, considering this a breakthrough solution to reduce pressure on the Court when the number of cases accepted is increasing day by day ; focusing on reforming administrative and judicial procedures, this is a key task to improve the quality of court work and create the most favorable conditions for people to access justice
- Comply with and thoroughly comply with the principles of the proceedings, adjudicating according to the principle of impartial litigation, independent judges and jurors and only following the law; improve performance in the study of criminal case files, verification and collection of evidence in civil cases and matters Implementation of all court decisions shall be decided only through examination of evidence and public debate at the Court session Focusing on doing well the inspection of the adjudication of the superior courts with the lower courts, in which it is necessary to focus on strengthening thematic examination of errors in the adjudication of the Court
- Improve the efficiency of the settlement of criminal and civil cases related to human health crimes, claims for compensation for damage caused by infringing health
When the criminal case files related to the group of crimes causing injury or harm to the health of others are transferred to the Court or the cases, the civil lawsuits to the Court to claim compensation for damage caused by the injured health are transferred to the Court crimes, those cases and incidents happened a long time ago, the victims had a long time to wait for resolution, they suffered damage to their health, economy and spirit Therefore, the Court must expeditiously and promptly accept the case, make a settlement plan, and at the same time create procedural conditions in civil cases for the aggrieved person in filing lawsuits provide documents, collect medical records, prescriptions Create the most favorable conditions for people, avoid letting them travel many times
In criminal cases, it is necessary to resolutely and promptly handle criminal acts infringing on human health, forcing the person to pay full compensation to the victim Avoid abuse of conciliation between the parties, promote the victim to withdraw the petition for prosecution, initiate a lawsuit, leading to the case being suspended