The case of a dog owner fighting with a father to protect his children from a legal perspective: Possible criminal sentence

NeKoFeb 07, 2023 at 15:48

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In the past few days, the case of the dog owner fighting with the father to protect the c.hild is causing a stir all over the internet. Many people question the level of punishment for this offensive behavior.

According to the lawyer, if criminally handled, the dog owner's behavior with another person faces the highest penalty of up to 3 years of non-custodial reform or a prison term of 6 months to 3 years.

The case of a dog owner fighting with a father to protect his children from a legal perspective: Possible criminal sentence - Photo 1

Before that, Mr. NHD (34 years old) took his son to the elevator waiting hall of the Q7 Saigon Riverside apartment building, Ho Chi Minh City, when there was a dog without a muzzle, no leash and no one to lead him close to him. brother.

Seeing that his c.hild was scared, Mr. D used his foot to push the dog away, suddenly at this time Mr. D.TV (28 years old, living in the same apartment building) ran back and reached out to Mr. D. As a result, Mr. D was injured. left eyelid, facial trauma, left eye, left cheekbone, left breast soft, left lower incisor broken.

The case has been on social media for the past few days, currently, the District 7 Police in collaboration with the Police of Phu Thuan Ward, Ho Chi Minh City are clarifying and handling the case.

The case of a dog owner fighting with a father to protect his children from a legal perspective: Possible criminal sentence - Photo 2

Talking to reporters, Doctor and lawyer Dang Van Cuong said: In the case of an injured man, there is an application for criminal prosecution for the crime of intentionally causing injury, and the results of the injury assessment shows that there is an injury rate, even if the injury is less than 11%, the investigating police agency can still prosecute a criminal case, prosecute the accused to handle this man for the crime of intentionally causing injury. , according to the provisions of article 134 of the Penal Code, with the framing circumstances as acts of a hooligan nature.

The case of a dog owner fighting with a father to protect his children from a legal perspective: Possible criminal sentence - Photo 3

In case of criminal prosecution, a man who commits a crime with another person will face a penalty of up to 3 years of non-custodial reform or a prison term of between 6 months and 3 years. In addition to being criminally handled with a penalty of up to 3 years in prison, Mr. D.TV will have to pay compensation for all damages to the victim. Damages include medical expenses, carer wages, lost and reduced income and compensation for a mental loss not exceeding 50 months' basic salary.

The case of a dog owner fighting with a father to protect his children from a legal perspective: Possible criminal sentence - Photo 4

According to Lawyer Cuong, in case the victim does not have an application to handle or withdraw the application, the authorities will also impose administrative sanctions on the pet owner for many errors, including the mistake of letting the pet loose. and commits an act of injury to others. According to the law, those who intentionally cause injury to others, but not to the extent of criminal prosecution will be administratively sanctioned with a fine of between VND 5-8 million.

The case of a dog owner fighting with a father to protect his children from a legal perspective: Possible criminal sentence - Photo 5

According to the law, dog owners must chain, lock and keep in the premises of their family. In case the dog is taken out of the family premises, a muzzle or a leash must be worn to ensure the safety of those around. In case of taking a dog to a public place without a guide, without a leash (leaving it loose) without causing serious consequences, it will also be administratively fined up to 2 million VND.

This behavior also shows a poor sense of civilized lifestyle, affecting environmental sanitation and public safety. If unfortunately the dog bites the b.aby causing serious injury, at this time the dog owner can also be criminally prosecuted for the crime of Violation of regulations on safety in crowded places, according to article 295 of the Penal Code.

The case of a dog owner fighting with a father to protect his children from a legal perspective: Possible criminal sentence - Photo 6

Lawyer Cuong said: The behavior of the pet owner seriously affects the health and psychology of the victim. Such hooligan behavior in front of children is very reprehensible and condemnable. This incident will create a psychological s.hock for the b.aby and for the b.aby's father. The behavior of the reporter is not in accordance with ethics, culture, fine customs and traditions, and infringes on the health of others.

Although after the incident happened, this man showed remorse, apologized to the victim and had nothing left to excuse his wrongdoing, but it is still necessary to have an appropriate level of handling. for deterrence and general prevention for society.

The case of a dog owner fighting with a father to protect his children from a legal perspective: Possible criminal sentence - Photo 7

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