Recently, there have been a series of school violence incidents leading to heartbreaking consequences, typically the case of VVTK, a 7th grade student at Dai Dong Secondary School, Thach That, Hanoi, who is still unable to return to school after two months of mental illness due to being beaten by a group of friends. The incident has caused public outrage in recent days.
Sending comments under the article Mother of 7th grade student beaten by a group of friends, determining that her child is permanently mentally ill, Dan Tri readers expressed outrage at the behavior of the family of the group of hooligan students, and at the same time hoped that the authorities would handle the case seriously to deter and restore justice to K..
Reader Hiep Nguyen lamented: "I just read the newspaper and felt heartbroken, there are so many cases. The incident happened right in school, the students are still young. The education sector needs to have its own sanctions for students who commit hooliganism. Education cannot be tolerant, cannot give opportunities forever to hooligan students. We give opportunities to one person but unintentionally lose the life of another student."
"Children should not be completely blamed. Born by parents who are indifferent to their children's wrongdoings and are also afraid of harming themselves, there is nothing more to say, guys. There needs to be a stronger mechanism to deter, through which parents must educate their children not to hit their friends," reader Bich Ngan.
VVTK is no longer able to be independent in daily activities and must be fed every day (Photo cut from clip).
Reader Lien Tuong suggested: "Immediately, we request that this case be brought to criminal proceedings. Assess the injuries and handle the children who beat their friend, send them to a reform school, and the parents of the students who beat their friend must compensate for all medical expenses for the student who was beaten. If the student is permanently mentally ill, they must take responsibility for raising him for the rest of his life. We request that the authorities intervene to restore justice to K."
Reader Lai Cao Hanh shares the same opinion: "The school and the government need to step in to resolve this matter thoroughly, to restore justice to K. and his family. They cannot let his family do it on their own. If necessary, they must guide him to court to resolve the matter. In the long term, they must treat him until he recovers, compensate him for his health because he cannot work, and take care of him for the rest of his life."
Many readers share the same concern: Can K.'s family file a lawsuit to reclaim justice for their child? If so, what steps should they take?
Absolutely can sue!
Responding to readers’ concerns, Lawyer Tran Xuan Tien, Head of Dong Doi Law Office, Hanoi Bar Association, said that he had not mentioned the reason why this group of students committed school violence, but it was clear that this behavior violated the law and school regulations. Therefore, the competent authorities and the school need to promptly verify and clarify in order to take measures to ensure the rights of K. and his family.
Image of VVTK being beaten by a group of friends (Photo cut from clip).
According to lawyer Tien, school violence is an act of intentionally causing injury to another person, this act causes physical and mental damage to the victim, thereby affecting the victim's psychology and personality later on. A person who commits an act of school violence can be criminally prosecuted for the crime of Intentional Infliction of Injury as prescribed in Article 134 of the 2015 Penal Code, amended and supplemented in 2017, depending on the nature and extent of the act of school violence.
However, the group of students who beat K. were all 7th graders, aged between 12 and 13. According to Article 12 of the 2015 Penal Code, amended in 2017, people from 14 to under 16 years old must bear criminal responsibility for very serious crimes and especially serious crimes. Therefore, criminals under 14 years old are not criminally responsible for any crimes they commit.
On the other hand, according to the provisions of Clause 1, Article 90, Article 91 of the Law on Handling of Administrative Violations 2012, amended in 2020 , a person from 12 to under 14 years old who commits an act showing signs of a crime may be subject to the following educational measures: Apply educational measures at the commune, ward or town level if the act shows signs of a very serious intentional crime as prescribed in the Penal Code. Apply the measure of sending to a reformatory school if the act shows signs of an especially serious crime as prescribed in the Penal Code.
Therefore, to determine whether the behavior of these students is subject to educational measures or not will depend on the results of the psychiatric assessment of K. according to the provisions of Circular 22/2019/TT - BYT . This result is to determine the rate of bodily injury due to the behavior of these students showing signs of very serious or especially serious crimes, from which the authorities will take appropriate measures.
Regarding civil liability, for the intentional act of beating K., the parents of these students must be responsible for compensating for all damages caused by their children according to Article 586 of the 2015 Civil Code. Pursuant to Article 590 of the 2015 Civil Code, which stipulates compensation for damages caused to health, the costs that the parents of these students must compensate include:
Reasonable costs for treatment, rehabilitation, and recovery of lost or reduced health and functions of the injured person. Reasonable costs and actual lost income of the injured person's caregiver during the treatment period.
However, these expenses need receipts and supporting documents.
In addition, the parents of these students must also pay a sum of money to compensate for K.'s mental damage. The level of compensation for mental damage can be agreed upon by both families.
However, in case the two families cannot reach an agreement, the parents of these students must compensate 50 times the basic salary (according to Resolution 69/2022/QH15 , the current basic salary is 1.8 million VND/month ).
In case K.’s family does not receive the appropriate compensation according to the law, they can file a lawsuit with a competent Court to request the families of the students who committed acts of school violence to pay compensation costs for K.’s health damage according to the law. At the same time, K.’s family needs to provide documents and papers related to K.’s injury assessment, health certificate, etc., along with the lawsuit to the Court as a basis.
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