[LEGAL ARTICLE]
There are some people who think that, when drunk, they are no longer able to control and control their behavior, so they do not have to bear penal liability. However, according to the law, is hitting people when drinking and drinking to bear penal liability?
Phạm tội khi dùng bia, rượu vẫn phải chịu TNHS
According to Article 13 of the Penal Code 2015 amended and supplemented in 2017:
Offenders in a state of loss of awareness or ability to control their behavior due to the use of alcohol, beer or other strong stimulants, shall still have to bear criminal responsibility.
Hitting a friend while drinking can be subject to criminal liability with the Crime of Intentional Injury
According to Article 134 of the Penal Code 2015 amended and supplemented in 2017:
1. Those who intentionally injure or cause harm to the health of other people with an injury rate of between 11% and 30% or less than 11% but fall into one of the following circumstances shall be subject to a fine. create non-custodial up to 03 years or imprisonment from 06 months to 03 years:
a) Using weapons, explosives, dangerous weapons or tricks capable of causing harm to many people;
b) Using dangerous acids or dangerous chemicals;
c) Against people under 16 years of age, women who know they are pregnant, old and weak, sick or other people who are unable to defend themselves;
d) Against one's grandfather, grandmother, father, mother, teacher, teacher, the person who nurtured and treated him or her;
d) Organized;
e) Abusing positions and powers;
g) While being held, held in custody or temporary detention, serving a prison sentence, serving the judicial measure of education at a reformatory, or serving the measure of handling administrative violations, sending them to a reformatory; compulsory education institutions, reformatories or compulsory detoxification establishments;
h) Hiring causes injury or harm to the health of others or causes injury or harms to the health of others as a result of being employed;
i) Being of a thug nature;
k) Against the person on official duty or for the victim's official reason.
Thus, depending on the possible injury rate, the person who hit you while drinking can still be prosecuted for penal liability.
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