A mischievous child burns a neighbor’s car and parents’ legal responsibilities

According to content reflected in a forum on social networks, around 7:45 p.m. on October 21, a child used a lighter to burn the tarpaulin covering a car parked on the roadside in Xuan Phuong ward, Nam Tu district. Liem (Hanoi). Because people put out the fire promptly, the fire only had time to catch the tire and did not leave too serious consequences.

After the incident, a woman suspected of being the child’s mother came over and said Talk to the car owner’s family. According to the conversation recorded by security cameras, initially this woman claimed to work in the legal field and did not accept full compensation for the reason of who did it to her.

The woman believes that her child is still young so he is not legally responsible for this, so if there is a relationship between both sides, the family agrees to compensate half of the damages caused to the child. This caused both sides to disagree and cause controversy, as well as making the online community extremely upset.

Many people believe that it is an irresponsible act of the mother to brush off her hands.

Responsibility What are the responsibilities of parents?

Watching the clip recording the incident, lawyer Duong Duc Thang (Hanoi Bar Association) said that according to Article 12 of the 2015 Penal Code, regulations on the age of criminal responsibility for people over People 16 years of age or older must be criminally responsible for all crimes except those that this Code has other provisions for.

For people under 16 years of age, Clause 2 of this Article stipulates that people from 14 years old to under 16 year olds must bear criminal responsibility for very serious crimes or particularly serious crimes specified in Articles of this Code such as Articles 123 (Murder)134 (Intentionally causing injury)170 (Forcible rape) property) or 178 (Destroying or intentionally damaging property)…

In addition, the law does not stipulate a penalty framework for people under 14 years old who commit acts with signs of crime and Nor does it require parents or guardians to be responsible for the person who committed the act if they were completely unaware of that act. Therefore, for any act, people under 14 years old will not be prosecuted for criminal liability but can only be subjected to educational measures in communes, wards, towns or sent to reform schools.

Below From a civil perspective, according to Article 584586 of the 2015 Civil Code, anyone who violates the life, health, property, etc. of another person and causes damage must compensate. Compensation liability is only waived if the damage arises due to a force majeure event or is entirely due to the fault of the damaged party. In case of fault on both sides, the person causing the damage must only compensate for the damage corresponding to his or her fault.

Regarding the age of responsibility for compensation, people aged 18 years or older must responsible for compensation for damages. In cases where the person causing damage is under 15 years old, the parents or guardian must compensate for all damages.

In addition, Article 74 of the 2014 Law on Marriage and Family also stipulates that parents must compensate Damage is usually caused by a minor child or an adult child who has lost civil act capacity according to the provisions of the Civil Code.

Thus, in the case of a child under 14 years old, the action is taken. If there are signs of a crime, criminal liability will be waived. However, from a civil perspective, parents or guardians are responsible for compensating for all property damage caused by the faulty behavior of their child or ward.

Compare the above case according to Lawyer Thang’s behavior shows signs of destruction or intentional damage to property. In cases where the child is under 14 years old and the act is completely spontaneous and stems from lack of awareness and not due to instigation by an adult, criminal liability will be waived.

However, the child’s parents will be responsible for paying civil compensation to the car owner’s family. The amount of compensation will be based on the level of damage caused to the vehicle due to the child’s act of burning the car cover.

In addition, if there is a basis to determine the act was committed At the instigation of adults, the authorities may step in to verify. In case the value of the damaged property is 2 million VND or more, the police can prosecute the case of Intentionally damaging property for investigation according to regulations.

Back to the above case, discuss According to Dan Tri reporter, the car owner said that after the incident, the child’s father proactively came to meet and negotiate compensation for the family. The two sides agreed on compensation. The vehicle was also taken to the garage for repair the next morning. Besides the damage to the body, the car has not had any serious damage.

Hoang Dieu