Is it criminally prosecuted for leaving a newborn child?

On April 25, 2020, while passing through the acacia forest near my home, I discovered that the body of a newborn with the placenta and umbilical cord was still dead and began to decompose. After investigation, the police agency has determined that the child is the child of a rented girl who also resides in my commune. As far as I know, this girl was about 9 months pregnant and showed signs of abdominal pain so she went to the acacia forest to go to the bathroom. Right there, the young girl gave birth to a baby boy with an umbilical cord and placenta. After giving birth, the girl fainted for a while until she regained consciousness and felt soft on the back of the head, so she was panicked, left the baby there, and went home. So I hope FDVN Law Firm (FDVN) advises me whether or not the girl's behavior shall be handled or liable to criminal liability?

FDVN’s opinions:

Thank you for concerning FDVN legal services. Basing on your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:

[1]. Legal issues for the disposal of infants

Pursuant to Article 22 of Decree No. 144/2013 / ND-CP providing violations of regulations on child care and nurturing:

“1. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following violations:

a) Leaving or not taking care of or nurturing the baby after birth;

b) Parents, guardians fail to perform obligations to nurture or sever emotional and material relationships with children, except for children to be adopted or forcible isolation of children under the law;

c) Parents; guardians intentionally abandon children in public places, neglect or force children not to live with their families, leave children to live on their own, do not care for, nurture and educate children and let them fall into a special situation.

2. Remedy:

Forcible performance of obligations to care for and nurture children in accordance with law for parents, guardians who commit the violations in Clause 1 of this Article.”

Thus, for the act of giving up or not taking care of and nurturing the child after birth, the administrative violation may be from VND 10,000,000 to VND 15,000,000.

[2]. Criminal handling

In addition, pursuant to Clause 2, Article 124 of the Criminal Code 2015, as amended and supplemented in 2017 providing for the crime of killing or disposing of newborn babies:

“1. A mother who kills her own newborn child under the impact of obsolete belief or in a special objective circumstance shall face a penalty of 06 - 36 months' imprisonment.

2. A mother who, under the impact of obsolete belief or in a special and objective circumstance, abandons her own newborn child within the first 07 days shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment if such abandonment results in the death of the child.”

Thus, not only the act of killing a newborn child will be criminally responsible, but for the act of throwing away the newborn within 7 days of age and leading to the child's death, the mother will be fined non-custodial reform up to 2 years or sentenced to between 3 months and 2 years of imprisonment.

Above is FDVN Law Firm's opinion for your request of a consultant based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Dinh Thi Thong - FDVN Law Firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

336 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/