In addition to compensation issues when a traffic accident occurs, helping people in accidents should also be noted by road users. To avoid administrative penalties, criminal liability when violating, readers need to understand the reference content of the article How to handle not rescuing traffic accident victims for more information.
How can the act of not rescuing traffic accident victims be handled?
1. Responsibilities of assisting traffic accident victims.
2. Administrative penalties for not assisting traffic accident victims.
3. Criminal prosecution for not assisting traffic accident victims.
1. Responsibilities of assisting traffic accident victims
- According to Article 38, Clause 2 of the Road Traffic Law 2008, those present at the scene of a traffic accident are responsible for assisting and promptly treating the victims.
- Additionally, Clause 18, Article 8 of this Law also specifies the prohibited act of: Having the means but intentionally not assisting traffic accident victims.
=> Thus, when present at the scene of a traffic accident, individuals are responsible for assisting and rescuing the victims. So how should individuals who do not rescue traffic accident victims handle it? Readers can follow the content of sections 2 and 3 below.
2. Administrative penalties for not assisting traffic accident victims
Point a, Clause 7, Article 11 of Decree 100/2019/ND-CP stipulates the following administrative penalties:
- Individual penalty: 500,000 VND to 1,000,000 VND.
- Organizational penalty: 1,000,000 VND - 2,000,000 VND.
=> When committing the act: Not rescuing traffic accident victims when requested.
How can not rescuing traffic accident victims be penalized? The latest penalty for not participating in the rescue of victims
In addition to direct penalties at the violation site, the act of not rescuing traffic accident victims is also fined on monitored roads with cameras. Regarding this issue, readers can refer to the article common violations and fines in 2023 to increase understanding and knowledge of traffic participation.
3. Criminal prosecution for not assisting traffic accident victims
Individuals who do not rescue others in traffic accidents may also be criminally charged with 'failure to rescue people in life-threatening situations' - Article 132 of the 2015 Criminal Code.
Specifically:
- Act: Seeing others in life-threatening situations, having the means to help but not helping.
- Consequence: The person in life-threatening situation dies => Failure to rescue leading to death.
- Penalty
Frame 1: warning, non-custodial reform up to 02 years or imprisonment from 03 months to 02 years.
Frame 2: imprisonment from 01 year to 05 years if falling into one of the following cases:
+ A person who fails to rescue is someone who unintentionally causes a dangerous situation;
+ A person who fails to rescue is someone who, according to the law or profession, has a duty to rescue.
Frame 3: imprisonment from 03 years to 07 years if the crime results in the death of 02 or more people.
Furthermore, the offender may also be subject to additional penalties such as prohibition from holding positions, practicing certain professions, or performing certain jobs from 01 year to 05 years.
Conclusion: Depending on the nature and severity of the violation, individuals may be subject to administrative penalties or criminal prosecution. Through this, the importance of rescuing traffic accident victims can be seen.
The information about encountering an unaided victim mentioned above has helped readers answer the question How should you handle not rescuing traffic accident victims? It can be seen that rescuing traffic accident victims is both a legal responsibility and something that every individual should do.
In cases of participating in traffic but forgetting to bring documents, the vehicle owner may be fined from 100,000 to 3,000,000 VND. For details of fines for each type of vehicle, such as cars, motorcycles, tractors, please refer to the article fines for not carrying vehicle documents, without documents in 2023 for more information.
