Crime of Lack of Responsibility Causing Serious Consequences Article 285. Crime of Lack of Responsibility Causing Serious Consequences

Committing a crime under the provisions of Clause 4, Article 284 of the Penal Code shall result in a prison term of twelve to twenty years, which is an especially serious crime.

Compared with Clause 4, Article 224 of the 1985 Penal Code, Clause 4, Article 284

The 1999 Penal Code is lighter and more favorable to criminals, because Clause 4

Article 284 no longer stipulates the circumstance of “having many circumstances specified in Clause 3 of this Article” as a factor in determining the penalty. Therefore, the crime of forgery

in work performed before 0:00 on July 1, 2000 but after 0:00

Maybe you are interested!

• Objective Aspects of the Crime of Intentionally Causing Injury or Harm to the Health of Another Person
• Lack of Responsibility of the Enforcement Officer and the Asset Management and Liquidation Team During Operation
• Qos Assurance Methods for Multimedia Communications zt2i3t4l5ee zt2a3gs zt2a3ge zc2o3n4t5e6n7ts low. The EF PHB requires a sufficiently large number of output ports to provide low delay, low loss, and low jitter. EF PHBs can be implemented if the output port's bandwidth is sufficiently large, combined with small buffer sizes and other network resources dedicated to EF packets, to allow the router's service rate for EF packets on an output port to exceed the arrival rate λ of packets at that port. This means that packets with PHB EF are considered with a pre-allocated amount of output bandwidth and a priority that ensures minimum loss, minimum delay and minimum jitter before being put into operation. PHB EF is suitable for channel simulation, leased line simulation, and real-time services such as voice, video without compromising on high loss, delay and jitter values. Figure 2.10 Example of EF installation Figure 2.10 shows an example of an EF PHB implementation. This is a simple priority queue scheduling technique. At the edges of the DS domain, EF packet traffic is prioritized according to the values ​​agreed upon by the SLA. The EF queue in the figure needs to output packets at a rate higher than the packet arrival rate λ. To provide an EF PHB over an end-to-end DS domain, bandwidth at the output ports of the core routers needs to be allocated in advance to ensure the requirement μ > λ. This can be done by a pre-configured provisioning process. In the figure, EF packets are placed in the priority queue (the upper queue). With such a length, the queue can operate with μ > λ. Since EF was primarily used for real-time services such as voice and video, and since real-time services use UDP instead of TCP, RED is generally not suitable for EF queues because applications using UDP will not respond to random packet drop and RED will strip unnecessary packets. 2.2.4.2 Assured Forwarding (AF) PHB PHB AF is defined by RFC 2597. The purpose of PHB AF is to deliver packets reliably and therefore delay and jitter are considered less important than packet loss. PHB AF is suitable for non-real-time services such as applications using TCP. PHB AF first defines four classes: AF1, AF2, AF3, AF4. For each of these AF classes, packets are then classified into three subclasses with three distinct priority levels. Table 2.8 shows the four AF classes and 12 AF subclasses and the DSCP values ​​for the 12 AF subclasses defined by RFC 2597. RFC 2597 also allows for more than three separate priority levels to be added for internal use. However, these separate priority levels will only have internal significance. PHB Class PHB Subclass Package type DSCP AF4 AF41 Short 100010 AF42 Medium 100100 AF43 High 100110 AF3 AF31 Short 011010 AF32 Medium 011100 AF33 High 011110 AF2 AF21 Short 010010 AF22 Medium 010100 AF23 High 010110 AF1 AF11 Short 001010 AF12 Medium 001100 AF13 High 001110 Table 2.8 AF DSCPs The AF PHB ensures that packets are forwarded with a high probability of delivery to the destination within the bounds of the rate agreed upon in an SLA. If AF traffic at an ingress port exceeds the pre-priority rate, which is considered non-compliant or “out of profile”, the excess packets will not be delivered to the destination with the same probability as the packets belonging to the defined traffic or “in profile” packets. When there is network congestion, the out of profile packets are dropped before the in profile packets are dropped. When service levels are defined using AF classes, different quantity and quality between AF classes can be realized by allocating different amounts of bandwidth and buffer space to the four AF classes. Unlike EF, most AF traffic is non-real-time traffic using TCP, and the RED queue management strategy is an AQM (Adaptive Queue Management) strategy suitable for use in AF PHBs. The four AF PHB layers can be implemented as four separate queues. The output port bandwidth is divided into four AF queues. For each AF queue, packets are marked with three “colors” corresponding to three separate priority levels. In addition to the 32 DSCP 1 groups defined in Table 2.8, 21 DSCPs have been standardized as follows: one for PHB EF, 12 for PHB AF, and 8 for CSCP. There are 11 DSCP 1 groups still available for other standards. 2.2.5.Example of Differentiated Services We will look at an example of the Differentiated Service model and mechanism of operation. The architecture of Differentiated Service consists of two basic sets of functions: Edge functions: include packet classification and traffic conditioning. At the inbound edge of the network, incoming packets are marked. In particular, the DS field in the packet header is set to a certain value. For example, in Figure 2.12, packets sent from H1 to H3 are marked at R1, while packets from H2 to H4 are marked at R2. The labels on the received packets identify the service class to which they belong. Different traffic classes receive different services in the core network. The RFC definition uses the term behavior aggregate rather than the term traffic class. After being marked, a packet can be forwarded immediately into the network, delayed for a period of time before being forwarded, or dropped. We will see that there are many factors that affect how a packet is marked, and whether it is forwarded immediately, delayed, or dropped. Figure 2.12 DiffServ Example Core functionality: When a DS-marked packet arrives at a Diffservcapable router, the packet is forwarded to the next router based on Per-hop behavior is associated with packet classes. Per-hop behavior affects router buffers and the bandwidth shared between competing classes. An important principle of the Differentiated Service architecture is that a router's per-hop behavior is based only on the packet's marking or the class to which it belongs. Therefore, if packets sent from H1 to H3 as shown in the figure receive the same marking as packets from H2 to H4, then the network routers treat the packets exactly the same, regardless of whether the packet originated from H1 or H2. For example, R3 does not distinguish between packets from h1 and H2 when forwarding packets to R4. Therefore, the Differentiated Service architecture avoids the need to maintain router state about separate source-destination pairs, which is important for network scalability. Chapter Conclusion Chapter 2 has presented and clarified two main models of deploying and installing quality of service in IP networks. While the traditional best-effort model has many disadvantages, later models such as IntServ and DiffServ have partly solved the problems that best-effort could not solve. IntServ follows the direction of ensuring quality of service for each separate flow, it is built similar to the circuit switching model with the use of the RSVP resource reservation protocol. IntSer is suitable for services that require fixed bandwidth that is not shared such as VoIP services, multicast TV services. However, IntSer has disadvantages such as using a lot of network resources, low scalability and lack of flexibility. DiffServ was born with the idea of ​​solving the disadvantages of the IntServ model. DiffServ follows the direction of ensuring quality based on the principle of hop-by-hop behavior based on the priority of marked packets. The policy for different types of traffic is decided by the administrator and can be changed according to reality, so it is very flexible. DiffServ makes better use of network resources, avoiding idle bandwidth and processing capacity on routers. In addition, the DifServ model can be deployed on many independent domains, so the ability to expand the network becomes easy. Chapter 3: METHODS TO ENSURE QoS FOR MULTIMEDIA COMMUNICATIONS In packet-switched networks, different packet flows often have to share the transmission medium all the way to the destination station. To ensure the fair and efficient allocation of bandwidth to flows, appropriate serving mechanisms are required at network nodes, especially at gateways or routers, where many different data flows often pass through. The scheduler is responsible for serving packets of the selected flow and deciding which packet will be served next. Here, a flow is understood as a set of packets belonging to the same priority class, or originating from the same source, or having the same source and destination addresses, etc. In normal state when there is no congestion, packets will be sent as soon as they are delivered. In case of congestion, if QoS assurance methods are not applied, prolonged congestion can cause packet drops, affecting service quality. In some cases, congestion is prolonged and widespread in the network, which can easily lead to the network being "frozen", or many packets being dropped, seriously affecting service quality. Therefore, in this chapter, in sections 3.2 and 3.3, we introduce some typical network traffic load monitoring techniques to predict and prevent congestion before it occurs through the measure of dropping (removing) packets early when there are signs of impending congestion. 3.1. DropTail method DropTail is a simple, traditional queue management method based on FIFO mechanism. All incoming packets are placed in the queue, when the queue is full, the later packets are dropped. Due to its simplicity and ease of implementation, DropTail has been used for many years on Internet router systems. However, this algorithm has the following disadvantages: − Cannot avoid the phenomenon of “Lock out”: Occurs when 1 or several traffic streams monopolize the queue, making packets of other connections unable to pass through the router. This phenomenon greatly affects reliable transmission protocols such as TCP. According to the anti-congestion algorithm, when locked out, the TCP connection stream will reduce the window size and reduce the packet transmission speed exponentially. − Can cause Global Synchronization: This is the result of a severe “Lock out” phenomenon. Some neighboring routers have their queues monopolized by a number of connections, causing a series of other TCP connections to be unable to pass through and simultaneously reducing the transmission speed. After those monopolized connections are temporarily suspended, Once the queue is cleared, it takes a considerable amount of time for TCP connections to return to their original speed. − Full Queue phenomenon: Data transmitted on the Internet often has an explosion, packets arriving at the router are often in clusters rather than in turn. Therefore, the operating mechanism of DropTail makes the queue easily full for a long period of time, leading to the average delay time of large packets. To avoid this phenomenon, with DropTail, the only way is to increase the router's buffer, this method is very expensive and ineffective. − No QoS guarantee: With the DropTail mechanism, there is no way to prioritize important packets to be transmitted through the router earlier when all are in the queue. Meanwhile, with multimedia communication, ensuring connection and stable speed is extremely important and the DropTail algorithm cannot satisfy. The problem of choosing the buffer size of the routers in the network is to “absorb” short bursts of traffic without causing too much queuing delay. This is necessary in bursty data transmission. The queue size determines the size of the packet bursts (traffic spikes) that we want to be able to transmit without being dropped at the routers. In IP-based application networks, packet dropping is an important mechanism for indirectly reporting congestion to end stations. A solution that prevents router queues from filling up while reducing the packet drop rate is called dynamic queue management. 3.2. Random elimination method – RED 3.2.1 Overview RED (Random Early Detection of congestion; Random Early Drop) is one of the first AQM algorithms proposed in 1993 by Sally Floyd and Van Jacobson, two scientists at the Lawrence Berkeley Laboratory of the University of California, USA. Due to its outstanding advantages compared to previous queue management algorithms, RED has been widely installed and deployed on the Internet. The most fundamental point of their work is that the most effective place to detect congestion and react to it is at the gateway or router. Source entities (senders) can also do this by estimating end-to-end delay, throughput variability, or the rate of packet retransmissions due to drop. However, the sender and receiver view of a particular connection cannot tell which gateways on the network are congested, and cannot distinguish between propagation delay and queuing delay. Only the gateway has a true view of the state of the queue, the link share of the connections passing through it at any given time, and the quality of service requirements of the traffic flows. The RED gateway monitors the average queue length, which detects early signs of impending congestion (average queue length exceeding a predetermined threshold) and reacts appropriately in one of two ways: − Drop incoming packets with a certain probability, to indirectly inform the source of congestion, the source needs to reduce the transmission rate to keep the queue from filling up, maintaining the ability to absorb incoming traffic spikes. − Mark “congestion” with a certain probability in the ECN field in the header of TCP packets to notify the source (the receiving entity will copy this bit into the acknowledgement packet). Figure 3. 1 RED algorithm The main goal of RED is to avoid congestion by keeping the average queue size within a sufficiently small and stable region, which also means keeping the queuing delay sufficiently small and stable. Achieving this goal also helps: avoid global synchronization, not resist bursty traffic flows (i.e. flows with low average throughput but high volatility), and maintain an upper bound on the average queue size even in the absence of cooperation from transport layer protocols. To achieve the above goals, RED gateways must do the following: − The first is to detect congestion early and react appropriately to keep the average queue size small enough to keep the network operating in the low latency, high throughput region, while still allowing the queue size to fluctuate within a certain range to absorb short-term fluctuations. As discussed above, the gateway is the most appropriate place to detect congestion and is also the most appropriate place to decide which specific connection to report congestion to. − The second thing is to notify the source of congestion. This is done by marking and notifying the source to reduce traffic. Normally the RED gateway will randomly drop packets. However, if congestion If congestion is detected before the queue is full, it should be combined with packet marking to signal congestion. The RED gateway has two options: drop or mark; where marking is done by marking the ECN field of the packet with a certain probability, to signal the source to reduce the traffic entering the network. − An important goal that RED gateways need to achieve is to avoid global synchronization and not to resist traffic flows that have a sudden characteristic. Global synchronization occurs when all connections simultaneously reduce their transmission window size, leading to a severe drop in throughput at the same time. On the other hand, Drop Tail or Random Drop strategies are very sensitive to sudden flows; that is, the gateway queue will often overflow when packets from these flows arrive. To avoid these two phenomena, gateways can use special algorithms to detect congestion and decide which connections will be notified of congestion at the gateway. The RED gateway randomly selects incoming packets to mark; with this method, the probability of marking a packet from a particular connection is proportional to the connection's shared bandwidth at the gateway. − Another goal is to control the average queue size even without cooperation from the source entities. This can be done by dropping packets when the average size exceeds an upper threshold (instead of marking it). This approach is necessary in cases where most connections have transmission times that are less than the round-trip time, or where the source entities are not able to reduce traffic in response to marking or dropping packets (such as UDP flows). 3.2.2 Algorithm This section describes the algorithm for RED gateways. RED gateways calculate the average queue size using a low-pass filter. This average queue size is compared with two thresholds: minth and maxth. When the average queue size is less than the lower threshold, no incoming packets are marked or dropped; when the average queue size is greater than the upper threshold, all incoming packets are dropped. When the average queue size is between minth and maxth, each incoming packet is marked or dropped with a probability pa, where pa is a function of the average queue size avg; the probability of marking or dropping a packet for a particular connection is proportional to the bandwidth share of that connection at the gateway. The general algorithm for a RED gateway is described as follows: [5] For each packet arrival Caculate the average queue size avg If minth ≤ avg < maxth div.maincontent .s1 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 15pt; } div.maincontent .s2 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 15pt; } div.maincontent .p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; margin:0pt; } div.maincontent p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; margin:0pt; } div.maincontent .s3 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s4 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s5 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s6 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s7 { color: black; font-family:Wingdings; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s8 { color: black; font-family:Arial, sans-serif; font-style: italic; font-weight: bold; text-decoration: none; font-size: 15pt; } div.maincontent .s9 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s10 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 9pt; vertical-align: 6pt; } div.maincontent .s11 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 13pt; } div.maincontent .s12 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 10pt; } div.maincontent .s13 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-d
• Crime of rape of people under 16 years old from the practice of Soc Trang province - 10
• Characteristics of the Practice of the Right to Prosecute During the Investigation Stage of a Case of Intentionally Causing Injury or Harm to the Health of Another Person.

If discovered on July 1, 2000, then Clause 4, Article 284 of the 1999 Penal Code shall apply.

If the offender has many circumstances specified in Clause 3 of the law, then only Clause 3 of the law will apply and not Clause 4 of the law, because the circumstance "has many circumstances specified in Clause 3 of this Article" Clause 4, Article 284 of the 1999 Penal Code no longer stipulates.

When deciding on the penalty for a criminal under Clause 4, Article 284 of the Penal Code, the Court must also base itself on the provisions on deciding on penalties in Chapter VII of the Penal Code (from Article 45 to Article 54). If the criminal has two or more mitigating circumstances as prescribed in Clause 1, Article 46 of the Penal Code, there are no aggravating circumstances or there are but the level of aggravation is not significant, the criminal has a good character, has no criminal record, and deserves leniency, the Court may apply below the lowest level of the penalty frame.

penalty (less than twelve years' imprisonment) but not less than seven years' imprisonment. If the person

crime with many aggravating circumstances, no mitigating circumstances or

But the degree of mitigation is not significant, as a person with a bad character can be sentenced to up to twenty years in prison.

5. Additional penalties for offenders who abuse their positions and powers to influence others for personal gain

According to the provisions of Clause 5, Article 284 of the Penal Code, in addition to the main penalty, the offender is also banned from holding certain positions from one to five years and may be fined from three million to thirty million VND.

Compared with the provisions of Article 229 of the 1985 Penal Code on additional penalties for this crime, the additional penalties for the crime of forgery in work prescribed in Clause 5, Article 284 of the 1999 Penal Code have the following amendments and supplements:

- If Article 229 of the 1985 Penal Code stipulates: "may be prohibited from holding certain positions from two to five years", then Clause 5, Article 284

The 1999 Penal Code stipulates: “prohibited from holding certain positions from one to five years”.

- If based on the level of punishment, Clause 5, Article 284 is lighter than Article 229 of the 1985 Penal Code, but based on the principle of applying punishment, Clause 5, Article 284 of the 1999 Penal Code stipulates that it is not beneficial for the offender because the application of the penalty of banning from holding a position for the offender is mandatory "prohibited", while Article 229 of the 1985 Penal Code stipulates that the Court is not required to apply "may be prohibited".

Therefore, if the Court applies the penalty of banning from holding certain positions to a person who committed a crime before 0:00 on July 1, 2000 but was only discovered and prosecuted after 0:00 on July 1, 2000, Clause 5, Article 284 of the 1999 Penal Code shall be applied to the offender.

Regarding the fine, Article 229 of the 1985 Penal Code and Clause 5, Article 284 of the 1999 Penal Code have not changed, so if the crime was committed before 0:00 on July 1, 2000 but was discovered after 0:00 on July 1, 2000, Article 229 of the 1985 Penal Code shall be applied to the defendant.

SECTION B

OTHER OFFENCES RELATED TO OFFICE

8. CRIME OF LACK OF RESPONSIBILITY CAUSING SERIOUS CONSEQUENCES Article 285. Crime of lack of responsibility causing serious consequences

1. A person who, due to lack of responsibility, fails to perform or performs

Failure to perform assigned tasks causes serious consequences, if not within the scope of

In the cases specified in Articles 144, 235 and 301 of this Code, the offender shall be subject to reform without detention for up to three years or imprisonment from six months to five years.

2. Committing a crime causing very serious or especially serious consequences shall be punishable by imprisonment from three to twelve years.

3. The offender is also prohibited from holding certain positions, practicing a profession or doing certain jobs from one to five years.

Define:

Lack of responsibility causes consequences

serious is the behavior

Failure to perform or improper performance of assigned tasks causing serious consequences.

The crime of irresponsibility causing serious consequences is a crime regulated in Article 220 of the 1985 Penal Code. However, due to the need to combat this type of crime, the National Assembly twice amended and supplemented it on August 12, 1991 and December 22, 1992 in a more stringent direction.

This crime, if only considered in terms of objective behavior and subjective consciousness, is similar to the crime of "lack of responsibility causing serious damage to State property" (Article 144), the crime of "lack of responsibility in keeping weapons, explosives, and supporting tools causing serious consequences" (Article 235) and the crime of "lack of responsibility

to the person

detain

"Escape" (Article 301) is different from these crimes only

in the back

result, in the subject of impact. That is why the text of the law stipulates: "if not in the cases prescribed in Articles 144, 235 and 301 of this Code".

Compared to Article 220 of the 1985 Penal Code regulating this crime, Article 285 of the 1999 Penal Code has no major changes, only adding the type of non-custodial reform penalty and adding cases causing very serious consequences in Clause 2 of the article, and at the same time stipulating additional penalties right in the article.

A. BASIC SIGNS OF CRIME

As mentioned above, this crime is similar to some other crimes involving irresponsible behavior, so the signs of this crime, if only considered in terms of objective behavior and subjective consciousness, are similar to those of other crimes involving irresponsibility.

responsibilities stipulated in articles 144, 235 and 301. Of which, Article 144 we have

analyzed in the book "Commentary on the 1999 Penal Code - Volume 2"46 However, to follow systematically, we will study each sign of this crime in turn.

1. Signs of the subject of the crime

As

for crime

"irresponsible for causing damage to property"

The State”, the subject of the crime of “lack of responsibility causing serious consequences” is also considered a special subject, only those with positions and powers in agencies and organizations can be the subject of this crime. Determining the subject status of this crime is the first step in determining the criminal act.

As

for crimes against

position

other, person in office,

The person in charge is the person who has been analyzed in the concept of position. However, this crime is different from the crimes of lack of responsibility prescribed in Articles 144, 235 and 301 of the Penal Code in that the responsibility of the offender is indirect responsibility for the consequences that occur (the act of lack of responsibility is not

direct cause of serious consequences). This is also a sign to

Distinguish the crime of negligence causing serious consequences from the three cases of negligence prescribed in Articles 144, 235 and 301 of the Penal Code.

46 See the crime of irresponsibility causing serious damage to State property in the book "Scientific commentary on the Criminal Code, part of crimes, volume II" Ho Chi Minh City Publishing House, 2002. pp. 307-317.

Although the subject of this crime is a special subject, this assertion is only true in cases where there are no accomplices, if the case

In cases where there are accomplices, the perpetrator only needs to be a person with a position.

authority, and other accomplices do not necessarily have to be people with positions or authority.

Whether they are people with positions of authority or other accomplices in the case, they only become subjects of this crime in the following cases:

People from 14 years old to under 16 years old are only criminally responsible.

on the crime of negligence in causing serious consequences

The case specified in Clause 2, Article 285 of the Penal Code, because this crime is a very serious crime. However, for these people, they can only be accomplices in the case with a supporting role, because these people cannot yet become people with positions and powers.

People under 16 years old are not criminally responsible for the cases specified in Clause 1, Article 285 of the Penal Code, but only people aged 16 years or older are criminally responsible for this crime, because according to the provisions of Article

12 Sets

criminal law

then the person from enough

14 years old to under 16 years old must be responsible

criminal liability for

very serious crime by intention

special crimes and offenses

serious. The crime of irresponsibility causing serious consequences as prescribed in Clause 1 of the Law is only a serious crime.

2. Signs belonging to the object of the crime

Object

of the crime of irresponsibility causing consequences

serious is active

the correct action of an agency or organization; causing the agency or organization to weaken or lose

reputation, loss of people's trust in the regime; causing serious loss and waste

respecting the assets of agencies and organizations; causing the cadres and civil servants in their agencies and organizations to degenerate

3. Objective signs of crime

a. Objective behavior

Maybe

say the offender only

The only objective behavior is lack of

Responsibility, the act itself reflects the nature of the crime.

But the manifestation of irresponsible behavior is not the same, it depends on the assigned task and the specific circumstances when the consequences occur.

Irresponsible behavior in management and operation of people with positions and powers is manifested as: Violating principles, policies,

regime related to state management, human management, property management, etc.

Principles and regimes related to State management can be policies and regimes at the national, local, sectoral and field levels.

Principles and regimes related to human resource management are principles and regimes for managing cadres, civil servants or members in an agency or organization; they can be regulations, directives, resolutions, decrees... on the management of cadres and civil servants.

Principles and regimes related to asset management can be economic management principles and regimes, but can also be administrative principles and regimes related to asset management. Sometimes, they are just internal regulations of the agency. If violated, causing serious consequences, it is also considered irresponsible.

Lack of responsibility is not doing or not fully doing the assigned responsibility, which causes consequences. If the assigned responsibility is fulfilled, it cannot cause consequences. In case all responsibilities have been fulfilled but consequences still occur, it is not lack of responsibility and is not a crime even if the consequences are very serious or especially serious. For example: Mr. Dao Ngoc H, Chairman of the People's Committee of the commune, assigned Bui Van T, Vice Chairman, to represent Party A to sign a contract with Construction Company M to repair the headquarters of the People's Committee of the commune with a total value of 600,000,000 VND. During the construction process, Mr. H regularly asked T to report on the status of contract implementation and regularly checked the implementation of the contract. The implementation was progressing smoothly when Mr. H suddenly fell ill and had to be treated at the provincial hospital. During his stay in the hospital, Mr. H asked T to regularly report on the contract implementation to him, but T colluded with Party B to inflate some construction items and take money to share. After the project was put into use for 6 months, a corner collapsed, killing one person and injuring two others with a disability rate of 35% for each person. Although he was the leader, Mr. H fulfilled his responsibilities, so his actions cannot be considered as irresponsible and causing serious consequences.

Judicial practice shows that irresponsible acts causing serious consequences that are considered criminal acts are often acts that lack the elements of other crimes or cannot prove the motive or purpose of the crime. For example,

example: In the case

Nguyen Ngoc Lam case, some

Customs inspector

Ba Ria-Vung Tau provincial authorities did not fulfill their responsibilities (failed to inspect or

The investigation found that these customs officers had received bribes from Nguyen Ngoc Lam, so they were only prosecuted for criminal negligence causing serious consequences.

b. Consequences

The consequences of this crime are a mandatory sign of the crime's composition, which is a component of the crime, which is serious consequences. If the consequences are very serious or especially serious, the offender will be prosecuted for criminal liability according to Clause 2 of the article.

The serious consequences of irresponsible behavior are damages.

on human life, health, dignity, honor, property;

damage to property, reputation of agencies, organizations and other non-material damages.

Irresponsible behavior causing serious consequences is determined as an indirect cause. This is also a sign to distinguish this crime from some other crimes where irresponsible behavior is the direct cause of consequences such as the crime of irresponsibility causing serious damage to State property.

Although there is no guidance on what constitutes serious consequences caused by irresponsible behavior, referring to the inter-sectoral guidance on crimes against property, it can be considered serious consequences caused by irresponsible behavior if:

- Kill a person;

- Causing injury or damage to the health of one to two people with a disability rate of 61% or more for each person;

- Causing injury or damage to the health of three to four people with each person's disability rate from 31% to 60%;

- Causing injury or damage to the health of many people with the total disability rate of all these people from 61% to 100%, in which no one person has a disability rate of 31% or higher;

- Causing injury or damage to the health of many people with a total disability rate of 31% to 60% and also causing property damage worth from 30 million VND to less than 50 million VND;

- Causing property damage worth from 50 million VND to under 500 million VND.

- In addition to the damage to life, health and property, the reality is that

see possible

there are consequences

intangible, such as adverse effects on the implementation

implementing the Party's guidelines and State policies, affecting security,

order, social security... In these cases, it depends on each specific case to assess whether the consequences caused by the crime are serious or not.47

The above instructions may be applied to irresponsible acts causing serious consequences as prescribed in Clause 1, Article 285 of the Penal Code.

4. Subjective signs of crime

The crime of negligence causing serious consequences is committed unintentionally.

The signs of unintentional crime are stipulated in Article 10 of the Penal Code. There are two cases of unintentional crime:

The first case is when the offender foresees that his behavior may cause consequences, but believes that those consequences will not occur or can be prevented; criminal law science calls this case of unintentional crime "unintentional due to overconfidence".

The second case is when the offender does not foresee that his behavior may cause consequences, although he should have foreseen and could have foreseen. Criminal law science calls this case of unintentional crime “unintentional due to negligence”.

In both cases of negligence above, the offender may be guilty of serious irresponsibility depending on their position, authority and the specific circumstances at the time of the consequence. Determining the offender's unintentional fault causing serious consequences is mandatory, but it is not mandatory to determine whether the offender committed the crime unintentionally due to overconfidence or unintentionally due to carelessness.

Motive for committing a crime is not a mandatory element of a crime.

This is a different feature from some other crimes in which the offender has

position and authority to perform. Therefore, when determining criminal responsibility for a person who commits a crime of irresponsibility causing serious consequences, if it is necessary to determine the motive for the crime, it is only meaningful in deciding the punishment but not meaningful in determining the crime.

B. SPECIFIC CRIMINAL CASES

1. Committing a crime of irresponsibility causing serious consequences without circumstances determining the penalty

This is a criminal case stipulated in Clause 1, Article 285 of the Penal Code, which is the basic element of the crime of negligence causing serious consequences. Compared with the crime of negligence causing serious consequences stipulated in Clause 1, Article 220 of the 1985 Penal Code, Clause 1, Article 285 of the 1999 Penal Code

47 See Joint Circular No. 02/2001/TTLT-TANDTC-VKSNDTC-BCA-BTP dated December 25, 2001 of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of Justice guiding the application of a number of provisions in Chapter XIV "Crimes against property" of the 1999 Penal Code.

lighter, because Clause 1, Article 285 stipulates the penalty of non-custodial reform and if comparing Article 220 of the 1985 Penal Code with Article 285 of the 1999 Penal Code, Article 285 is also a lighter provision. Therefore, for acts of irresponsibility causing serious consequences occurring before 0:00 on July 1, 2000 but discovered and handled after 0:00 on July 1, 2000, Clause 1, Article 285 of the 1999 Penal Code shall be applied to the offender.

When applying Clause 1, Article 285 of the Penal Code, the Court must also base on the provisions on deciding on penalties in Chapter VII of the Penal Code (from Article 45 to Article 54). If the offender has many mitigating circumstances prescribed in Clause 1, Article 46 of the Penal Code, has no aggravating circumstances, is committing the crime for the first time, and has a good personal history, he/she may be subject to non-custodial reform. The application of non-custodial reform must comply with the provisions of Article 31 of the Penal Code on this type of penalty. If the conditions for applying non-custodial reform are not met, the offender may be given a suspended sentence or the lowest level of the penalty range (six months in prison) may be applied. If the offender has many aggravating circumstances, no mitigating circumstances, or if there are mitigating circumstances but the level of mitigation is insignificant, he/she may be sentenced to up to 5 years in prison.

2. Lack of responsibility causing serious consequences in the cases specified in Clause 2, Article 285 of the Penal Code

The legislator stipulates two circumstances with the same content but different nature and severity as factors determining the penalty framework, which are: Causing very serious consequences and causing especially serious consequences. If we consider the legislative technique, this provision is not scientific, not only for this crime but we also see that in many other crimes, the legislator also stipulates the same as: Clause 3 of Article 281, Clause 3 of Article 282.... However, in practice, although these two circumstances are stipulated in the same penalty framework, when deciding on the penalty, the Court must still distinguish between cases causing very serious consequences and cases causing especially serious consequences in order to apply a penalty commensurate with the consequences caused by the offender.

a. Causing other very serious consequences

This crime is similar to the crime of causing death.

serious consequences, except that: Consequences due to irresponsible behavior

As with other cases of very serious consequences, when determining, it is necessary to base on the physical damage, property damage, and immaterial damage caused by the crime.