Will the act of disruption at court be fined?

Will the act of disruption at court be fined?
Posted date: 05/05/2021

Yesterday, at the divorce trial between me and my husband, my father-in-law shout at me and scold me badly during the deliberation. In addition, he even rushed to beat me, but the guards of the trial stopped him. After that, the trial panel returned to work for continuing the trial. My father-in-law scolded even more, and threw his  sandals at me. I would like to know if my father-in-law will be fined. I was so sad with my father-in-law's acts but I still respect him and don't want him to face any fine. Thank you.

FDVN’s Opinions:

According to Articles 256 of Criminal Procedure Code 2015, Article 234 of Civil Procedure Code 2015, Article 153 of Law on Administrative Procedures 2015, one of the court rules to comply with is “Everyone in the courtroom must respect the Trial Panel, maintain order and obey the direction of the presiding judge". In case of violation, according to Clause 2, Article 3 of Circular 02/2017/TT-TANDTC, dated July 28, 2017 of the Supreme People's Court promulgating the Regulation on the organization of the court hearing, depending on each case, the presiding judge of the court hearing may force the person violating the rules of the court room to leave the court room or the court area, impose administrative penalties, or temporarily seize. In case the person's actions violate the internal rules of the court hearing and be considered violating penal liability, the trial panel has the right to institute criminal cases.

Specifically, in the case of disrupting the order of the court, the person taking that action can be handled as follows:

  1. Being administratively sanctioned under the Decree No. 167/2013/NĐ-CP on sanction of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence, your father-in-law's behavior may be fined from VND 2,000,000 to VND 3,000,000.
  2. He may also be prosecuted for criminal liability in accordance with Article 391 of the Penal Code 2015, amended and supplemented in 2017:

“1. Any person who insults the judge, jury members, the proceedings officer or other people present at the court or meeting or deliberately damages property, except in the circumstances specified in Article 178 hereof, shall be liable to a fine of from VND 10,000,000 to VND 100,000,000, face a penalty of up to 03 years’ community sentence or 06 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances shall carry a penalty of 01 - 03 years' imprisonment:

a) The court or meeting session or has to be suspended;

b) The judge, a jury member or proceedings officer is physically assaulted, except in the circumstances specified in Article 134 hereof.”

Nguyen Thị Thanh Thanh Tra – FDVN Law Firm



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