Insultingly calling others “dogs or pigs”, be careful and have to go to court!

During a recent debate with a colleague, we could not agree on our opinions and had tension with each other. My colleagues called me a “dog”, then a “pig”.

I was very restrained so that the conflict would not reach a climax, but I could not forgive him. Being insulted is like a dog and a pig.

I know that in foreign countries, in this situation, the other person will be fined, but in our country, is there this regulation? lawyer?

And what form will the lawsuit take?

Reader V.L (Hanoi)

Reader V.L (Hanoi)

Answer:

Lawyer Quach Thanh Luc (Hanoi Bar Association – Director of LSX Law Company Limited) said, the Rules of behavior and communication between people are repeated many times over a long period of time and are widely recognized and applied. In Vietnamese society, it is determined that calling someone a “dog” and then a “pig” is an act of insulting others.

The right to protect honor, dignity, and reputation Credibility according to Clause 1, Article 34 of the 2015 Civil Code notes: The honor, dignity, and reputation of an individual are inviolable and protected by law.

< p>Individuals whose honor, dignity, and reputation are adversely affected by information, in addition to the right to request rejection of that information, also have the right to request the person who provided the information to apologize, publicly rectify, and compensate damages.

To protect your rights and legitimate interests, and handle the responsibility of the person who committed the offense, you can choose to file a civil lawsuit in a competent court. or request a competent authority to sanction that person for administrative violations.

With the option of Court to resolve:

Legal basis According to Clause 2, Article 34 of the Civil Code, individuals have the right to request the Court to reject information that adversely affects their honor, dignity, and reputation.

Order , time: You will apply to the court where that person resides or choose the court where you reside, where the incident occurred to resolve. You need to submit along with the application the audio and video recording documents showing that the other friend said insulting words to you. The time to resolve the above civil case according to the law is 04 months.

Result: If you have evidence to record the incident as you presented, the court’s decision will be in favor of the case. Friend. Accordingly, it is likely that the judgment will determine that the person who committed the violation must apologize to you and compensate for the losses and mental and material damage caused to you.

Choose choose the administrative path:

Legal basis: point a, clause 1, article 5, Decree 167/2013/ND-CP regulating violations of order regulations public: “A warning or fine from 100,000 VND to 300,000 VND for the following acts:Having rough gestures, words, provoking, teasing, insulting honor and dignity of others”;

Order and time: You can send a letter, with evidence, to the commune or ward police agency so that this agency Consider accepting and resolving according to administrative procedures. The police agency will resolve the case according to the provisions of the 2012 law on handling administrative violations.

Result: The police agency will review and evaluate the documents in the case, including may require the person who committed the violation to come to work and make an explanation. When there is sufficient basis to determine a violation, the police will issue a decision to sanction administrative violations according to the above regulations.

Normally through working activities between violators and the police agency who you will realize your wrongdoings will then apologize to you. The resolution time for this case is usually about 1 month.

If you choose the Court route, your legal rights and interests will be protected more comprehensively, but it will take a lot of time. effort. As for the solution through administrative procedures, the time is quick, but some rights such as the right to apologize and compensation for damages will not be resolved. Therefore, based on your true needs in the matter, you can choose the solution that suits you.

Thank you, Lawyer!

Ngoc Han (done)