Compensation for damage caused by injury

Question

Do you contradict a different class drag to beat me, forced me into a corner of the classroom. At that time, I have found a wooden stick so I took the wooden stick that hit on your head as she was admitted to hospital treatment and the results are being brain hematoma, injury temples. I can be prosecuted for criminal responsibility and not have to pay damages not? The amount of compensation is like? Schools are responsible for anything?

Answer

1. On the criminal prosecution

As stipulated in Article 106 of the Criminal Code, the person who intentionally cause injury or harm to the health of others that the injury rate of 31% or more, or leading to death due to exceeding the limit room legitimate defense shall be subject to warning, non-custodial reform for up to two years, or imprisonment from three months to a year. Beyond the limits of legitimate defense in accordance with the provisions of Clause 2, Article 15 of the Penal Code is clear acts against paying more than necessary, inconsistent with the nature and degree of danger to society of behavior invasive. Those who commit acts beyond the limits of legitimate defense to bear criminal responsibility.

Pursuant to Article 15 and Article 106 of the Criminal Code, the criminal prosecution for acts intentionally causing injury or harm to the health of other people beyond the limits of legitimate defense only set out in the case of injury rate of victims latu 31% or more; simultaneously, causing the damage behavior of age bear criminal responsibility in accordance with the provisions of Article 12 of the Penal Code. Do you not say your age, therefore, there can be two cases occurs:

- If you are from full 16 years or older, you will be subject to criminal liability.

- If you are not yet 16 years of age, you will not be subject to criminal liability for acts mentioned above. The reason is that under the provisions of paragraph 2 of Article 12, the full 14 and under 16 years old must be responsible for the formation of very serious crimes intentionally or particularly serious crime; however, intentionally causing injury or harm to the health of other people beyond the limits of legitimate defense (paragraph 1 of Article 106 of the Criminal Code) is less serious offenses.

2. On the damages

Do your actions have caused injury and damage to the health of others, so the damages will be set out as follows:

2.1. Capacity liable to pay damages of individuals:

As I mentioned above, because you did not state your age, therefore, pursuant to Article 606 of the Civil Code, the capacity of liability for damages are defined as follows:

Firstly, if you are a full 18 years or older, must compensate.

Second, if you are a minor under the age of 15 damage, but the father, the mother, the father, the mother must compensate all losses; if the assets of the father, the mother is not sufficient to compensate the minor children cause damage private property shall take such assets to compensate the missing part, except as provided for in Article 621 of the Civil Code. persons aged 15 years and less than 18 damage must be compensated by its assets; without sufficient assets to compensate the father, the mother must compensate the missing part of his property.

Third, a minor, incapacitated person civil actions that may damage the guardian, the guardian of the property used to be guardian for compensation; if the ward does not have enough assets or property for compensation, the guardian must be compensated by its assets; if the guardian can prove no fault in the matter is not taken his property for compensation.

Thus, depending on your age, you pursuant to Article 606 of the Civil Code to determine liability to pay damages.

2.2. About the responsibility of the school:

As stipulated in Article 621 of the Civil Code, the person under the age of 15, while studying at the school causing damage to damages occur. If the schools, hospitals and other organizations to prove that they are not at fault in the management of the father, mother or guardian of a person under 15 years old must be compensated.

2.3. In terms of compensation:

According to the provisions of Section II.1 of Resolution No. 03/2006 / NQ-date 08/7/2006 Judicial Council Judge of the Supreme People's Court guiding the application of some provisions of the Civil Code in 2005 on damages outside the contract, compensation for damage caused by health infringed include: (1) reasonable costs for treatment, training, recuperation and function is lost, reduction of the victims; (2) the actual income loss or reduction of the victims; (3) reasonable expenses and the income actually lost the care of victims during treatment; (4) reasonable expenses for the care of victims in cases after treatment, the victims lose the ability to work and requires the constant care; (5) amounts to offset the loss of mental health compromised by pham.Theo information you provided, I understand you're going to school, so I think you may just have to compensate some following amounts for the calculation of costs as follows:

First, the reasonable cost for rescue, foster and restore health and function lost or impaired by the victims include: rental vehicles put victims at the emergency room health facilities; amount of money to buy drugs and medical devices, the cost of screening, X-rays, CT scans, ultrasound, laboratory, surgery, blood transfusion, physiotherapy ... as directed by a doctor; hospital bills; buy supplements, protein transmission, allowances recuperation for the victims as directed by a doctor; the actual costs, necessary for the damage (if any) and the cost for fitting prostheses, prosthetic eyes, purchase of wheelchairs, scooters, crutches and plastic surgery .. . to support or replace part of the body functions lost or diminished by the damage (if any).

Second, reasonable expenses and the income actually lost the care of victims during treatment.

- Reasonable expenses for the care of victims during treatment include traveling expenses of travel, accommodation rents average price in the locality where they are paid (if any) for one of those who care for the victims of the treatment period required by or at the request of the medical establishment.

- Actual income loss of caregivers who damaged during the treatment period is defined as follows:

+ If caregivers who have lost real income from wages stability in staffing and remuneration of labor contracts, based on the salary or wages of the month preceding the time they have to go hard care workers who lost time with care to determine the actual income loss.

+ If caregivers who work with victims and monthly income stability, but have different income levels, it took an average income of the preceding 6 months (6 months if not enough of all the months) before they have to take care of victims who care with time to determine the actual income loss.

+ If people caring for someone with no job losses or months of work, with the month and therefore does not have a stable income, shall be entitled to the care of the average wages paid to caregivers disabilities in the locality where the victims reside.

+ If the time to care for the victims, who still care agencies and employers to pay wages, wages paid under the provisions of labor law, social security, they are not loss of real income and therefore no compensation.

Third, in case after treatment, the victims lost working capacity and need frequent care (the victim is no longer able to work due to spinal paralysis, blindness, paralysis two limbs, severe mental illness, and in other cases by state agencies competent to impaired working capacity permanently by 81% or more) must be compensated for the reasonable cost of care damaged. These expenses include reasonable costs for monthly feeding, treatment of victims and affordable for people who regularly care for victims (measured by the average wages paid to caregivers care of disabled people in the locality where the victims reside. in principle, only damages for a caregiver who suffered from loss of working capacity).

Fourth, the amount offset by the loss of mental health have been violated. The determination of the extent of the loss of the spirit should be based on the impact on the profession, aesthetic, social, family activities and personal ... The amount of compensation payments to offset the loss of morale victims primarily by the parties. If no agreement is reached, the amount of compensation to offset the loss of morale for the victims must be based on the extent of the loss of the spirit, but not exceeding 30 months minimum wage set by the State at the time of settlement of compensation.