Social networks are spreading many photos of chats between a person believed to be a female teacher at a preschool in Thanh Ne town, Kien Xuong district, Thai Binh province and a married man. . The viral content shows that the female teacher is married but shows signs of having an illicit relationship with the above man.
In addition, the chat content also includes sensitive images. feeling, and at the same time suggesting dishes such as stir-fried intestines with melon, dog meat…
Leaders from the People’s Committee of Thanh Ne town said they had asked the Board of Directors of Thanh Ne town Kindergarten to report report about this incident. The Town People’s Committee is waiting for a report from the school and will have a report to the District People’s Committee to consider the level of violation (if any) to take specific disciplinary measures.
The public is wondering if the verification process shows that this teacher is having an affair, how will this teacher be punished? This teacher has the right to request the authorities to find and punish the person who distributed the photos of the chat then post it on social networks? How can this person be punished?
How can a teacher who commits adultery be punished?
Adultery is a violation of the law on marriage and family. Pursuant to Article 16171819 of Decree 112/2020/ND-CP, teachers who violate the law on marriage and family will be subject to one of the following penalties. Disciplinary measures are: Reprimand; Warning; Dismissal (for administrative teachers such as: school vice principal…); Specifically:
According to Article 16 of the Decree 112 adulterous teachers will be reprimanded when the first violation causes less serious consequences.
Violations with less serious consequences are explained as violations of a harmful nature. does not have a large internal impact that affects the reputation of the agency, organization or work unit (point a, clause 2, Article 6 of Decree 112).
Teachers who commit adultery can may be warned for the first violation and causes serious consequences (according to Article 17).
A violation with serious consequences is a violation with a high degree of harm and external impacts. internal scope, causing bad public opinion among civil servants, public employees and people, reducing the reputation of agencies, organizations and working units (point b, clause 2, Article 6, Decree 112)
Management teachers is the principal and vice principal… having an affair for the first time will cause very serious consequences and will be dismissed.
Violations are of a nature of great harm, with a scope of impact on the entire society, causing very angry public opinion. Conflict among civil servants, public employees and the people causes discredit to agencies, organizations and working units (according to point c, clause 2, Article 6).
The most serious, according to Article 19 of Decree 112, if adultery causes particularly serious consequences, the teacher can be forced to resign.
A violation that causes especially serious consequences is a violation has a particularly great level of harm, a far-reaching impact on the whole society, causes particularly angry public opinion among civil servants and the people, and discredits the agency, organization, or work unit (according to point d, clause 2, Article 6). .
Thus, depending on the severity of the consequences, appropriate disciplinary measures will be applied to teachers committing adultery.
In addition to being subject to disciplinary measures against adulterous officials and teachers, they may also be subject to administrative sanctions according to the provisions of law. SpecificallyClause 1, Article 59 of Decree 82/2020/ND-CP stipulates:
Fine from 3,000,000 VND to 5,000,000 VND for one person. in the following acts:
a) Being married or having a husband but marrying someone else. Not being married or being unmarried but marrying someone you know well being married or being married;
b) being married or having a husband living together as husband and wife with another person;
c) Not married or unmarried but living as husband and wife with someone you clearly know is married or married…
In which, according to clause 7 Article 3 of the Law on Marriage and Family 2014: Living together as husband and wife means that a man and a woman organize a common life and consider each other husband and wife.
This living together is proven by the fact that they have a biological life. Live together, have common property, have children together and are recognized by everyone around them as husband and wife.
So if a teacher commits one of the above adultery acts, he or she can be fined up to 05 million VND.
How can a person who posts a photo of a chat on social networks be punished?
Discussion about the case Lawyer Tran Xuan Tien, Head of Dong Doi Law Office, Hanoi Bar Association, said that adultery is not uncommon in the past, many “main spouses” choose the “jealousy” option not only directly in real life but also using social networks. opportunity to defame and humiliate your husband/wife and “little tam” by releasing screenshots of messages.
It can be understood that those who have been betrayed choose to do so because they want to embarrass the third person, however, those spontaneous acts invisibly become illegal acts and can be handled according to law.
The lawyer said that personal secrets, private life as well as honor and dignity of each person are inviolable. This has been recognized in Article 21 of the 2013 Constitution:
“1. Everyone has the inviolable right to privacy, personal secrets and Family secrets; have the right to protect your honor and reputation. Information about your personal life and family secrets are guaranteed by law;
- Everyone has the right to keep confidential correspondence, telephone, telegrams and other forms of private information exchange. No one may illegally open, control and confiscate another person’s correspondence, telephone, telegram and other forms of private information exchange. other.”.
And Article 38 of the 2015 Civil Code also stipulates the right to private life, personal secrets, family secrets:
“….
- The collection, storage and public use of information related to private life and personal secrets must be That person’s consent to collect, store, and publicly use information related to family secrets must be agreed by family members unless otherwise provided for by law.
- Correspondence, telephone, telegram, electronic databases and other forms of private information exchange of individuals are guaranteed to be safe and confidential.
…
Therefore, the act of spreading screenshots of text messages between loversincludes sensitive images and also suggests dishes such as: Stir-fried intestines Using dog meat and other foods high in protein to increase “stimulation” on social networks without the permission of the person involved violates the law and depending on the nature of the damage caused, there will be sanctions. corresponding sanctions.
Accordingly, the act of posting the content of another person’s message without permission to humiliate and discredit their dignity violates the regulations on public order as prescribed in Point a Clause 3 Article 7 Decree 144/2021/ND – CP. According to this regulation, the poster may be fined from 2 million – 3 million VND. In addition, we must also force correction of information if the information being spread is untrue and must force a public apology to those affected unless they have an unsolicited application.
From the above incident, the lawyer warns that although he knows that adultery is very condemnable, making hasty decisions to commit jealousy while he is mentally unstable can lead to unpredictable consequences. Because on the one hand, spontaneous behavior can cause the betrayed person to be entangled in a cycle of labor. On the other hand, if the couple has children, posting sensitive information on social networks will affect the children’s psychology and even make them angry. being shunned by friends, using parents’ mistakes as a springboard to attack their children’s psychology.
Instead, let’s have smart, civilized ways to handle things, starting from solving problems between two people. . If the couple really can’t get back together and mend their relationship, then think about divorce so that each person can be “freed” and not let the adults’ love affairs affect the children. Because more than anyone else in such an incident, children are the most innocent people.
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