Trách nhiệm hình sự đối với các tội xâm phạm sức khỏe của con người qua thực tiễn của tỉnh hải dương tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES -L NGUYEN HUY TAI CRIMINAL LIABILITY FOR CRIMES OF INFRINGING UPON OTHER PEOPLE’S HEALTH: A CASE STUDY OF HAI DUONG PROVINCE Major: Criminal law and criminal proceedings Major code: 9.38.01.04 SUMMARY OF THE DOCTORAL DISSERTATION IN LAW Hanoi - 2019 The dissertation completed at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences Supervisor: Assoc Prof Dr Nguyen Tat Vien Reviewer 1: Assoc Prof Dr Tran Dinh Nha Reviewer 2: Prof Dr Duong Minh Gioi Reviewer 3: Assoc Prof Dr Do Thi Phuong The dissertation will be defended at Graduate Academy Level Council of dissertation assessment at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi Time: ………… date ……… month ………year 2019 The dissertation may be found at: - Vietnam National Library; - Graduate Academy of Social SciencesLibrary INTRODUCTION The necessary of the study Article of the Universal Declaration of Human Rights dated 10 December 1948 stipulates “Everyone has the right to life, liberty and security of person” The right to health protection is one of the basic rights of people and citizens Article 20 of the 2013 Vietnamese Constitution stipulates: Everyone shall enjoy the inviolability of the individual and the legal protection of his/her health, and is protected against torture, violence, coercion, corporal punishment or any form of treatment harming his/her body and health” Criminal law is a sharp and effective tool to prevent and fight against crimes in general, and crimes of infringing upon people’s health in particular, contributing to maintaining social order and safety, protecting the legitimate rights and interests of citizens, ensuring that people live in a safe and healthy environment with high humanity In fact, the crime situation in Hai Duong province is increasingly complicated and tends to increase, in which crimes of infringing upon other people’s health Crimes take place in many places of the province with different structure, nature, forms and scale of crime However, the detection, investigation, prosecution and trial of this type of crime are still slow, many cases have not been judged correctly, especially for hidden crimes (crimes have not been detected and judged); there is no unified awareness and application of laws by the proceedings agencies in Hai Duong province, leading to the cases being prolonged Theoretically, so far there have not been many research works mentioning crimes of infringing upon other people’s health from different perspectives Vietnamese criminal law still has inadequacies in regulating crimes of infringing upon human health; many regulations are not comprehensive and many problems arise in the new situation causing difficulties for law enforcement agencies The circumstances of “old people”, “committing crime in other particularly serious cases”, “mental state is strongly agitated by serious illegal acts” and “legitimate defense” have not been instructed and explained by the competent agencies, leading to different ways of understanding, evaluating and applying by the proceedings agencies There are still inadequacies in assessing injury and health as basis for considering criminal liability for offenders These inadequacies have a negative impact on the application of criminal liability for this crime in practice, reducing the efficiency of fighting against crimes in general, and protect people’s health in particular, easy to lead to wrongful trial, missing offenders and resolving cases beyond the law Therefore, the author conduct research titled “Criminal liability for crimes of infringing upon other people’s health: A case study of Hai Duong province” as his doctoral dissertation in law Research purpose and tasks 2.1 Research purposes The dissertation aims to clarify issues on criminal liability for crimes of infringing upon other people’s health, assessing the application of the provisions of criminal law for this crime in Hai Duong province Thenceforth, the study proposes some solutions to improve the criminal law on criminal liability for crimes of infringing upon other people’s health to meet the struggle and trial this crime in the new situation 2.2 Research tasks To achive above purposes, the dissertation addresses the following research tasks: - Analyzing and clarifying theoretical issues on criminal liability (basis, characteristics and forms of criminal liability) - Analyzing the provisions of the law on criminal liability for crimes of infringing upon other people’s health in the Vietnamese law since the feudal period - Assessing the application of criminal liability for crimes of infringing upon other people’s health in Hai Duong province - Proposing solutions to improve the criminal law on criminal liability for crimes of infringing upon other people’s health Research subject and scope 3.1 Research subject Theoretical and practical issues in applying criminal liability for crimes of infringing upon other people’s health in the Vietnamese criminal law 3.2 Research scope - Regarding content: examining issues related to criminal liability for crimes of infringing upon other people’s health from criminal law perspective - Spatially, location: Hai Duong province - Regarding time: from 2006 to 2018 Methodology and research methods 4.1 Methodology:The dissertation uses the methodology of dialectical and historical materialism: The study utilizes principles of common relationships and categories such as universality and particularity, nature and phenomena, contents and forms, causes and effects, capacity and reality, certainty and random to examine crimes of infringing upon other people’s health in relations with other crimes in the Penal Code The study also utilizes principles of development and rules such as contradictory rules, negative rules, quantitative-qualitative rule to examine cases, offenses, especially crimes of infringing upon other people’s health and life in order to properly improve the law on criminal liability for crimes of infringing upon other people’s health 4.2 Research methods The dissertation utilizes the following specific research methods: + Method of analysis + Method of statistics, analysis and comparison of statistics + Expert method + Method of typical investigation In each content, the study applies flexibly specific research methods such as systematical method, inductive method, interpretations, statistical method, method of normative analysis, comparative method, historical method and legal logic method New contributions of the dissertation The dissertation’s results have an important theoretical and practical significance The dissertation is the first scientific research work in criminal science in Vietnam to examine the concept, basis of criminal liability and penalties to crimes of infringing upon other people’s health; the application of criminal liability for crimes of infringing upon other people’s health in Hai Duong province in the period 2006-2018; the results of struggle of the law enforcement agencies and then it provides recommendations to improve the provisions of the Penal Code and solutions to enhance the efficiency of applying for Vietnam in general and Hai Duong province in particular The dissertation seeks to systematize the history of the Vietnamese criminal law, in which regulations on criminal liability for crimes of infringing upon other people’s health since the feudal period The study also examines the regulations related to criminal liability for crimes of infringing upon other people’s health in the Vietnamese Penal Code and of some countries around the world to make comments and assessments By assessing and analyzing the practice of trial crimes of infringing upon other people’s health, the study can be seen as reference for law makers in Vietnam when amending and supplementing the Penal Code on these crimes from a criminal legislative perspective Theoretical and practical significance of the dissertation 6.1 Theoretically The dissertation examines and clarifies the theoretical issues on criminal liability for crimes of infringing upon other people’s health is necessary; it contributes to add more crimes of infringing upon other people’s health into the theoretical system of Vietnamese criminal law, and raising awareness of agencies and persons conduct proceedings in the process of handling criminal cases by regulations to reduce wrongful trial and missing offenders Thereby protecting the inviolable rights of human health and protecting human rights In addition, the dissertation is also a reference for undergraduate students, graduate students and doctoral fellow in criminal law and criminal proceedings 6.2 Practically The dissertation can be considered as a basis for making solutions and recommendations to continue to improve the provisions of the Penal Code on criminal liability for crimes of infringing upon other people’s health; contributing to enhance the efficiency of the trial and fight against crimes in general and crimes of infringing upon other people’s health in particular to reduce wrongful trial and missing offenders Structure of the dissertation Besides the introduction and conclusion, references and the author’s publications, the dissertation includes chapters and 13 sections and sub-sections Chapter LITERATURE REVIEW 1.1 Domestic research works Research works on criminal liability for crimes of infringing upon other people’s health are divided into topics: First, research works examine concepts, characteristics, foundation of criminal liability, forms and goals of criminal liability for crimes of infringing upon other people’s health Second, research works related to criminal liability and criminal liability for crimes of infringing upon other people’s health Most of research works focus on the signs of crimes infringing upon other people’s health There are a few works examine criminal liability for crimes of infringing upon other people’s health but just analyze the provisions of the Penal Code rather than examine comprehensively criminal liability for crimes of infringing upon other people’s health In particular, there have not research works from perspective of legal comparison so without comprehensive view on criminal liability for crimes of infringing upon other people’s health 1.2 Foreign research works From perspective of criminal science, research works have clarified the most common basic issues of criminal law and pointed out the basic characteristics of crimes of infringing upon other people’s health And clarifying theory, policies and practical issues in preventing family violence (including the crime of intentional injury) by a multidisciplinary approach to the issue of family violation So far, there have not been any comprehensive research works on theoretical and practical issues and approaching the Vietnamese criminal law on criminal liability for crimes of infringing upon other people’s health 1.3 Comments and evaluation of research works and issues that need to be further examined 1.3.1 Comments and evaluation of domestic and foreign research works related to the dissertation Firstly, the highlights of the above research works are to form a system of views and doctrines on crime, reasoning on constituting criminal acts and its elements; criminal liability and penalties in criminal law Secondly,the contents of domestic research works are basically unified the concept of criminal legal signs and penalties or content of criminal liability forcrimes of infringing upon other people’s health Thirdly, studying some other aspects of crimes of infringing upon other people’s health at home is also approached from different perspectives, by examining, we found that some research works are valuable scientifically and practically Fourthly, foreign research works just mention crimes of violence (including the crime of intentional injury like Vietnamese criminal law), and focusing on clarifying theory, policy and build up thematic reports and recommend solutions to prevent and combat violence Fifthly, there have not been any comprehensive and objective research works on theoretical and practical issues and from perspective of Vietnamese criminal law on criminal liability for crimes of infringing upon other people’s health 1.3.2 The issues need to be further examined Firstly, to further clarify the theoretical issues on criminal liability for crimes of infringing other people’s health such as concept, characteristics, contents and forms of criminal liability for crimes of infringing other people’s health Secondly, studying the legislative process, the provisions of the Penal Code of Vietnam and foreign countries on criminal liability for crimes of infringing other people’s health, and analyzing, assessing and pointing out advantages and disadvantages in the provisions of the Penal Code on this crime and in the struggle of preventing and fighting against crimes in Vietnam today Thirdly, analyzing and evaluating correctly and accurately the application of regulations of the Penal Code on criminal liability for crimes of infringing other people’s health in the trial of People’s Courts at all levels in the period 2006-2018 in the whole country and Hai Duong province Thenceforth, the study points out the shortcomings in the process of applying so as to give recommendations to improve the provisions of the 2015 Vietnamese Penal Code Fourthly, to provide recommendations to improve the regulations on crimes of infringing upon other people’s health in the 2015 Vietnamese Penal Code Fifth, to propose some requirements and solutions to improve the efficiency of applying accurately the provisions of the Penal Code on criminal liability for crimes of infringing other people’s health in the trial practice Chapter THEORETICAL ISSUES ON CRIMINAL LIABILITY FOR CRIMES OF INFRINGING OTHER PEOPLE’S HEALTH 2.1 The concept and characteristics of criminal liability for crimes of infringing other people’s health 2.1.1.The concept and characteristics of criminal liability Criminal liability is a form of legal responsibility and an adverse legal consequence of any illegal behavior that causes harm or damage to someone or something, and is manifested by applying one or more coercive measures of the State stipulated by criminal law to offenders 2.1.2 The basis of criminal liability The basis of criminal liability is one of the very important issues in the Criminal Law The basis of criminal liability is studied from many perspectives, especially the philosophical and legal perspectives In the Penal Code of countries that regard the subject of crime as a specific person (natural person) and a legal person, criminal liability is applied for both natural person and legal person According to the existing Vietnamese Criminal Law, person who commits a crime that stipulated by the Penal Code, he/she is just liable to criminal liability 2.1.3 The concept and characteristics of criminal liability for crimes of infringing upon other people’s health 2.1.3.1 The concept of crime of infringing other people’s health From the perspective of criminal law, crimes of infringing upon other people’s health are socially dangerous acts (acting and not acting) conducted intentionally or unintentionally by person who has full criminal responsibility and is old enough to be liable to criminal liability infringing upon other people’s health shall be judged by criminal penalties under the provisions of the Penal Code 2.1.3.2 The concept of criminal liability for crimes of infringing upon other people’s health It is possible to provide a way to express criminal liability for crimes of infringing upon other people’s health to directly demonstrate the basic In the Penal Code, penalties set by law makers into a system includes two types of penalties: principal penalties and additional penalties * The principal penalty is a high strict one that the Court applied independently for each crime such as warning, fine, non-custodial sentence, termed imprisonment * The additional penalty defined as support the principal penalty and is not declared independently but to be declared with the principle penalty For crimes of infringing upon other people’s health, the Penal Code provides principal penalties includes warning, non-custodial sentence, imprisonment and additional penalty includes banning persons from holding certain posts, practicing certain occupations or doing certain jobs; just applying the imprisonment as a last measure when considering that there is no any way is to segregate offenders from society to educate them 2.3.2 Penalty exemption The court applies penalty exemption measures in case of deserving leniency but not yet to the level of criminal liability exemption (Article 54 of the 1999 Penal Code) 2.3.3 Criminal liability exemption As one of the important regulations of Vietnam's criminal law, criminal liability exemption shows the policy of segregation of criminal liability and humanitarian principles of our State for offenders, and encourages offenders to make atonement as well as demonstrating the ability to educate, re-educate and quickly integrate into the community and become a useful person for society 2.3.4 Judicial measures The specific judicial measures are applied to be: confiscating money and objects directly related to crime; return property, repair or compensate for the damage; force to publicly apologize and medicine 11 Confiscation of objects and money directly related to crime; return property, repair or compensate for damage; forced to publicly apologize; compulsory cure 2.3.5 Convictions 2.3.6 Criminal liability in some special cases Criminal liability in some special cases such as: Criminal liability towards accessories, in the case of preparing to commit crimes, commit crime but not yet reaching or stop committing crime in so short period on the basis of general principles and regulations, ensuring the division of criminal liability and individualizing penalties 2.3.7 Cases of criminal liability exclusion Some cases cause damage to the society but are excluded from criminal liability which are useful acts, encouraged by the state and offender’s motivation is to protect public interests, legitimate defense, urgent situation and causing damage while arresting offenders Chapter THE PROVISIONS OF THE CRIMINAL LAW ON CRIMINAL LIABILITY FOR CRIMES OF INFRINGING UPON OTHER PEOPLE’S HEALTH 3.1 Vietnamese criminal law before 1945 on criminal liability for crimes of infringing upon other people’s health 3.1.1 Post-Ly period In 1042, the second king of the Ly dynasty – Ly Thai Tong compiled and promulgated the Letter Code which was the first written law in Vietnam's legal history During the Le Dynasty (1428-1789), Le Thanh Tong issued the Hong Duc Code, also known as Quoctrieuhinhluat, which marked a strong progress of legislative techniques, including criminal law 3.1.2 Gia Long period The Hoang Viet law (Gia Long Law) in the early 19th century (the Nguyen dynasty) although there were many restrictions by the 12 simulations of the Chinese Qing Dynasty rule, there was still a certain historical significance By examining Quoctrieuhinhluat and Hoang Viet law, we can withdraw the following comments: First, the feudal state paid special attention to crimes of infringing upon human health There were many rules regulating crimes of infringing upon other people’s health Second, the feudal legislators had thoroughly implemented the principle of segregation of crimes and individualize offenses toward crimes of infringing upon human health Third, the regulations on criminal liability for crimes of infringing upon other people’s health in the feudal criminal law is acknowledged comprehensively 3.1.3 French colonial period In the 19th century, French colonists invaded Vietnam and issued Criminal Codes for North-Central-South region 3.2 The Vietnamese criminal law since 1945 on criminal liability for crimes of infringing upon other people’s health 3.2.1 From 1945 to the promulgation of the 1985 Criminal Code With the success of the August Revolution, President of the Provisional Government issued Decree No 47/SL on October 10, 1945 with the content until until the enactment of the unique laws for the whole Vietnam After the liberation of the North (1954), the criminal law was gradually supplemented Crimes of infringing upon human health are stipulated in Circular No 442-TTg dated January 19, 1955 of the Prime Minister After the liberation of the South, the Provisional Revolutionary Government of the Republic of South Vietnam issued Decree No 03-SL/76 dated March 15, 1976 stipulating crimes and penalties with types of crimes, including provisions on crimes of infringing upon human health The Supreme People’s Court issued Directive No 07-TANDTC/CT dated December 22, 1983 on the trial of acts of infringing upon others life or health due to excessive legitimate defense 13 3.2.2 Regulations on criminal liability for crimes of infringing upon other people’s health in the 1985 Criminal Code The 1985 Penal Code was born to be a great achievement of criminal legislative wisdom of our country The provisions on criminal liability for crimes of infringing upon human health include articles with crimes: crime of infringing upon other people’s life and health while on duty (Article 103); intentionally inflicting injury on or causing harm to other people’s health (Article 109), the unintentionally inflicting injury on orcausing harm to other people’s health (Article 110) Having penalties correspond to the nature and severity of the offense, of which the maximum penalty for this crime is 20 years in prison 3.2.3 Regulations on criminal liability for crimes of infringing upon other people’s health in the 1999 Penal Code Clarifying criminal legal signs, penalties and characteristics of each crime corresponding to crime of infringing upon other people’s health (Article 104 to 119 of the Penal Code, Article 117 and 118) with two main groups based on sign of mistake (intentional or unintentional mistake) 3.2.3.1 Criminal legal signs of the group of crimes intentionally infringing upon other people’s health Intentionally inflicting injury on or causing harm to other people’s health (Article 104); Intentionally inflicting injury on or causing harm to other people’s health due to strong provocation (Article 105); Intentionally inflicting injury on or causing harm to the health of other persons due to an excess of legitimate defense limit (Article 106); Inflicting injury on or causing harm to the health of other persons while performing official duty (Article 107); treating other persons (Article 110); Spreading HIV to other persons (Article 117); Intentionally spreading HIV to other persons (Article 118) 3.2.3.2 Criminal legal signs of the group of crimes unintentionally intentionally infringing upon other people’s health 14 Unintentionally inflicting injury on or causing harm to the health of other persons (Article 108) and Unintentionally inflicting injury on or causing harm to the health of other persons due to breach of professional or administrative regulations (Article 109) 3.2.3.3 Penalties Criminal liability for crimes of infringing upon other people’s health is fully regulated by lawmakers in the Penal Code Principal penalties include warning, non-custodial sentence, termed imprisonment and lifesentence, in which non-custodial sentence is maximum years, termed imprisonment is maximum 20 years The warning penalty is stipulated toward constituting criminal acts (clause of articles 104, 105, 106, 107, 108 and 110) The termed imprisonment is stipulated toward all crimes The life-sentence is stipulated toward constituting criminal acts (clause of Article 104 and clause of Article 109) Additional penalties are ban from holding certain posts, practicing certain occupations or doing certain jobs that apply to 03 constituting criminal acts (Articles 107, 109 and 119) 3.2.4 Regulations on criminal liability for crimes of infringing upon other people’s health in the 2015 Penal Code (amended and supplemented in 2017) The 2015 Penal Code was amended and supplemented in 2017 (hereinafter referred to as the 2015 Penal Code) inherited the provisions on criminal liability for crimes of infringing upon other people’s health in the 1999 Penal Code and promptly amended and supplemented the regulations on criminal liability for crimes of infringing upon other people’s health and overcoming some shortcomings 3.3 The provisions of the law on criminal liability for crimes of infringing upon other people’s health in some countries around the world and the posing issues to the Vietnamese criminal law 3.3.1 The provisions of the criminal law on criminal liability for crimes of infringing upon other people’s health of the People’s Republic of China 15 3.3.2 The provisions of the criminal law on criminal liability for crimes of infringing upon other people’s health of Japan 3.3.3 The provisions of the criminal law on criminal liability for crimes of infringing upon other people’s health of Russia 3.3.4 The provisions of the criminal law on criminal liability for crimes of infringing upon other people’s health of Sweden 3.3.5 The provisions of the criminal law on criminal liability for crimes of infringing upon other people’s health of the Germany Federation By examining the provisions of the criminal law on criminal liability for crimes of infringing upon other people’s health around the world such as China, Japan, Russia, Sweden and Germany Federation, we need to acquire progressive regulations in accordance with the socioeconomic development and the fight against crime of our country to study and apply in the amendment and supplement of regulations on criminal liability for crimes of infringing upon human health in the Penal Code consistent with the socio-economic development and international integration Chapter APPLYING PROVISIONS OF THE 1999 PENAL CODE ON CRIMINAL LIABILITY FOR CRIMES OF INFRINGING UPON OTHER PEOPLE’S HEALTH IN HAI DUONG PROVINCE AND SOME RECOMMENDATIONS 4.1 The socio-economic situation of Hai Duong province 4.1.1 Overview of socio-economic situation 4.1.2 Overview of crime situation 4.1.3 Situation of agencies conducting proceedings of Hai Duong province 4.2 The application of provisions on criminal liability for crimes of infringing upon other people’s health in Hai Duong province 4.2.1 Achievements 16 Over the past years, although the provisions of criminal law, especially the Penal Code have promoted positive effects in fighting and preventing crimes, making an important contribution to maintaining political security and safety order, as well as protecting the people’s legitimate rights and interests In general, however, the crime situation is still very complicated with sophisticated and cunning modes and tricks such as intentionally inflicting injury, rejuvenating crime, operating under the organized gangs and gangland despite being a small group, they are veryspontaneous and reckless 4.2.2 Limitations and problems By examining 385 first-instance and appellate judgments of the 2level People’s Court of Hai Duong province and the application of regulations on criminal liability for crimes of infringing upon other people’s health in Hai Duong in the period 2006-2018; through the inspection and guidance of the provincial people’s committee, there are still some limitations in applying for the crime group Namely: 4.2.2.1 There has not been a full assessment of the nature and level of danger of offenses, so penalties are applied incorrectly 4.2.2.2 The evaluation of evidence and determination of offenses is not in accordance with regulations 4.2.2.3 The application of regulations on criminal liability is not uniform (deliberate offenses to elderly people), not yet instructed properly leading to the resolution of the prolonged case 4.2.2.4 The assessment of evidence, nature and level of danger of offenses, personal identity of offenders is not correct, leading to penalties which not guarantee strict and fairness: + The same injury but different penalties + The same consequences but the Court of the different districts make different penalties 4.2.2.6 Verifying inaccurately injury rate by the inspection agency leading to the prolonged case 4.2.3 Causes, limitations and obstacles 17 4.2.3.1 Causes of limitations and obstacles - The regulations on criminal liability for crimes of infringing upon human health are incomplete - The verification of injury rate still has many shortcomings - The relevant legal documents are not synchronized 4.2.3.2 Specific problems in the reality First, the provisions of the existing Penal Code on crimes of infringing upon other people’s health with some constituting criminal acts are not suitable with reality, it is hard to demonstrate, causing difficulties for investigation, prosecution and trial of crimes (injury percentage) Second, it can be seen that most of clause of crimes of infringing upon human health can only be considered crime when the victim prosecutes under the provisions of the Criminal Procedure Code Third, there are still inadequacies in the verification of injury as a basis for prosecution offenders Fourth, some crimes of infringing upon other people’s health are not clear and not yet guided by the competent authorities, especially regulations with qualitative nature Fifth, some circumstances of aggravating frame prescribed from item a to k, Clause 1, Article 104 of the Penal Code are similar to the aggravation of criminal liability stipulated in Clause 1, Article 48 of the Penal Code, thus causing many difficulties in conviction as well as the penalty frame Sixth, penalty for some crimes is too strict and no longer suitable with the reality of fighting and preventing crimes in the new situation Seventh, the basic composition of some crimes of infringing upon human health is not appropriate Eighth, for intentionally inflicting injury or causing harm to the health of others is stipulated in the Penal Code without clearly describing signs of objective acts causing many difficulties for determining the crime exactly; some cases of injury to victims only 1% 18 or 2% may be prosecuted and tried intentionally injury is really unnecessary, just increase internal conflicts This case can be administratively handled or by mediation Ninth, the Penal Code regulates many types of crimes with objective acts similar to those of intentionally injuring or causing harm to other people’s health 4.3 Problems have been overcome in the 2015 Penal Code The 2015 Penal Code has quantified many qualitative circumstance in Chapter XII of the 1999 Penal Code such as “many people”, “many times”, “causing serious consequences”, “causing very serious consequences”, “causing particularly serious consequences”, “children” with specific provisions in Chapter XIV of the 2015 Penal Code Amending and supplementing comprehensively crime intentionally inflicting injury or causing harm to other people’s health (Article 134); supplemented the circumstances, concretized the circumstances leading to the death of many people or in other particularly serious cases by more clear and specific circumstances and supplement case of preparing to commit crimes in Clause 4.4 Some recommendations 4.4.1 Continue to improve the provisions of the Penal Code on criminal liability for crimes of infringing upon other people’s health - Intentionally inflicting injury on or causing harm to other people’s health (Article 134 of the 2015 Penal Code, amended in 2017) In order to avoid investigating criminal liability in some cases of inflicting injury or causing harm to other people’s health with a very small injury, and minimizing material and money in the investigation, prosecution and trial and it is necessary to concretely stipulate injury rate below 11% but must be a significant injury of 5% or more if it falls into one of the cases of clause 1, article 134 Therefore, the clause 1, 19 article 134 of the 2015 Penal Code needs to be amended and supplemented as follows: “ Anyone who intentionally inflicts injury or causing harm to other person's health with an injury rate between 11% and 30% or less than 5% to less than 11% but belongs to one of the following cases…” + According to the provisions of the existing Penal Code, the current penalty framework for some crimes related to family violence with the highest penalty is only 3-year imprisonment is not yet serious and not enough to be deterrent It is necessary to have higher penalties for family violence For intentionally inflicting injury on or causing harm to other people’s health, there is no difference among people who are family members or not Therefore, the criminal law needs to add more circumstances such as “committing crimes toward wife, husband, children” and “causing harm to the health of family members” - Amending the penalty level to ensure fairness for crimes of infringing upon other people’s health and other crimes In order to comply with the provisions on murder in a state of mental excitement under clause Article 125 and murder beyond the limit of legitimate defense or excessing necessity when arresting offenders under Article 126 of the 2015 Penal Code; to ensure more fairness toward the same consequences but not missing crimes, it should be amended as follows: + Intentionally inflicting injury on or causing harm to other people’s health in the state ofstrong provocation as stipulated in Article 135 of the 2015 Penal Code, it should be amended as follows: “ Committing the crime of killing two or more people, the offenders shall be sentenced between and 7-year imprisonment” + Intentionally inflicting injury on or causing harm to other people’s healthbeyond the limit of legitimate defense or excessing necessity when arresting offenders, stipulated in Article 136 of the Penal Code, it should be amended as follows: 20 Amending clause 3, Article 136 of the 2015 Penal Code by reducing penalty when consequences lead to death so as to be suitable with murder beyond the limit of legitimate defense or excessing necessity when arresting offenders under clause & Article 126 of the Penal Code “ 3, committing crimes lead to death, the offender shall be imprisoned between months and years Committing the crime of killing two or more people, the offenders shall be imprisoned between and years - Completing the Penal Code to describe the sign of committing crimes to all constituting criminal acts It is necessary to amend crimes in which crimes belong to the crimes of infringing upon other people’s health that is intentionally inflicting injury on or causing harm to other people’s health while on duty, crimes of persecuting other people in the direction of showing clearly offender’s intention or un-intention Amending penalties to the crimes of infringing upon other people’s health by stricter punishment for offender’s intention than un-intention - Issuing uniform legal documents on criminal liability for crimes of infringing upon other people’s health 4.4.2 Completing relevant provisions of the law - Criminal Procedure Code: Along with the amendment of the Penal Code as mentioned above, we urge the amendment of the 2015 Criminal Procedure Code to enhance the efficiency of applying the provisions of the Penal Code on crimes of infringing upon other people’s health as follows: + Supplementing regulations in Clause Article 62 of the 2015 Criminal Procedure Code a) The victim is obliged to be present under summons to a meeting by the competent agency, in case intentionally absence or deny or obstruct the verification that is not because irresistible reasons or 21 objective obstacles may be extradited to or bore criminal liability under Article 383 of Penal Code + Abolishing the provisions on the prosecution according to request of victims for crimes stipulated in clause of Articles 134, 135, 136, 138 and 139 of the 2015 Penal Code - Issuing legal documents (Decrees, Circulars) stipulates uniformly the order and procedures for verification of injury rates, especially in case of verifying injury of victims through the medical records when the victims are threatened, bribed, controlled by offenders so they refuse to assess their injury rates 4.4.3 Other solutions - Enhancing the professional qualifications of the subjects who are applying criminal liability - Educating the political consciousness, bravery and professional ethics for subjects who are applying criminal liability - Promoting propaganda, dissemination and legal education - Improving the effectiveness of prevention and coordination to detect and handle crimes of infringing upon human health CONCLUSION From above analysis, the dissertation withdraws the following conclusion The United Nations Universal Declaration of Human Rights 1948 affirmed “Everyone has the right to life, liberty and security of person” In Vietnam's Constitution and legal system, human rights, inviolability of individual, health, honor, dignity rights are very important The 2013 Constitution of our country states: “Everyone shall enjoy the inviolability of the individual and the legal protection of his/her health, and is protected against torture, violence, coercion, corporal punishment or any form of treatment harming his/her body and health”(59, p 19) 22 Therefore, along with the right to life, honor, and dignity, the inviolability of human health is the basic elements of human rights, and as one of the important objects need to be protected by Vietnamese criminal law In the process of legalization of criminal law, the provisions of the Vietnamese Penal Code show that there has been a fundamental inheritance of the achievements of the law-building work in the history of criminal law in our country, especially the provisions of the 1985 Penal Code After that, the provisions of the 1999 Penal Code amended in 2009 and the 2015 Penal Code amended and supplemented in 2017 on criminal liability for crimes of infringing upon other people’s health is relative adequate and increasingly improving the effectiveness of fighting against crimes However, with the new requirements of the country, there are still some issues that need to be further improved that chapter has pointed out The dissertation has analyzed and clarified the reality of applying the provisions of the 1999 Penal Code in the trial of People's Courts at all levels on criminal liability for crimes of infringing upon other people’s health, as well as limitations in applying the provisions of the Penal Code on these crimes in Vietnam in general and in Hai Duong in the period 2006-2018 Additionally, the dissertation also examines and analyze 385 judgments and decisions of 2-level People’s Courts of Hai Duong province on these crimes, thenceforth, it shows that the provisions of the Penal Code has been applied correctly and meet the requirements of fighting against crimes of infringing upon other people’s health in the province, to ensure handling offenders under the law However, there are still some mistakes and shortcomings in implement the provisions on criminal liability for crimes of infringing upon other people’s health such as determining crimes and penalties, this affecting the fighting against crimes to protect human rights and civil rights, so there should be the appropriate recommendations and solutions to overcome this issue The dissertation also pointed out the shortcomings, pending problems and fundamental causes, thereby proposing recommendations to continue 23 to amend and supplement regulations on criminal liability for crimes of infringing upon other people’s health in the 2015 Penal Code, amended in 2017, as well as offering solutions to improve the efficiency of applying so as to effectively fight against this crime These solutions should be conducted properly, continuously and combine with other solutions In sum, to effectively apply provisions of the Penal Code on criminal liability for crimes of infringing upon other people’s health, it depends on many different factors, in which the most important is subjective factors from the agency conducting proceedings and local authorities In addition, the contribution of the community and people is also an important basis for limiting these crimes Therefore, respecting and protecting the health of others that is fighting against dangerous offenses toward society To strictly regulate legal basis and criminal legal signs to ensure commensurate with the nature and level of danger of committing crimes and personal identities of the offenders to society, at the same time, strictly handle under the provisions of the Penal Code on criminal liability for crimes of infringing upon other people’s health shall bring high efficiency in the fight against crimes and protect human rights 24 The author’s published-papers list related to the dissertation Nguyen Huy Tai (2018) “Regulations on crimes of infringing upon other people’s health in the stages of criminal law”,Democracy and Law Magazine, No 2, pp 31-35 Nguyen Huy Tai (2018) “Discussing some new provisions of the 2015 Penal Code on crimes of health infringement”, Prosecutorial Magazine, No 4, pp 56-60 ... reasoning on constituting criminal acts and its elements; criminal liability and penalties in criminal law Secondly,the contents of domestic research works are basically unified the concept of... the second king of the Ly dynasty – Ly Thai Tong compiled and promulgated the Letter Code which was the first written law in Vietnam's legal history During the Le Dynasty (1428-1789), Le Thanh... Penal Code has quantified many qualitative circumstance in Chapter XII of the 1999 Penal Code such as “many people”, “many times”, “causing serious consequences”, “causing very serious consequences”,