BỊ HẠI TRONG VỤ ÁN HÌNH SỰ CÓ PHẢI CHỊU ÁN PHÍ? / IS A VICTIM IN A CRIMINAL CASE REQUIRED TO PAY COU

Legal situation: Nguyen Van A assaulted Tran Van B at a coffee shop, causing bodily injuries with a bodily harm rate of 18%. The investigation authority initiated criminal proceedings against A for the offence of “Deliberate infliction of bodily harm upon another person” under Clause 2, Article 134 of the Penal Code. During the course of the proceedings, Tran Van B (the victim) submitted a petition requesting the Court to compel A to compensate damages in the total amount of VND 100,000,000. In this case, is Mr. B required to bear court fees? 

FDVN’s opinion:

According to Point d, Clause 1 Article 12 of Resolution 326/2016/UBTVQH14 on cases eligible for the full remission of court cost advances and court costs, one of these cases is “Persons who claim compensations for their life, health, honor or dignity.”

Accordingly, in cases involving claims for compensation for damage to life, health, honour, dignity, or reputation, the claimant is exempt from payment of court fees. 

Under Clause 1 Article 590 of the 2015 Civil Code, damage caused by harm to health includes: 

- Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;

- Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;

- Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.

- Other damage as prescribed by law. 

Besides, according to Point dd, Clause 1 of Article 23 Resolution 326/2016/UBTVQH14, “The victims, who request for the repair of their damaged properties without requesting a sum of money though the costs of such properties can be determined, are not required to pay for the court fees if their requests are not accepted by the Court.”

Therefore, where Mr. B requests compensation for damages, such claims must relate to items consistent with the provisions of law as cited above, and he must prepare evidence substantiating his claims. In cases where the Court determines that certain compensation claims are inconsistent with the law, the Court is responsible for explaining to Mr. B that such claims are unlawful. If Mr. B nevertheless maintains such claims and requests the Court to resolve them, and the Court subsequently rejects such claims, Mr. B shall bear court fees corresponding to the portion of the claims that is not accepted by the Court.