Assault without bodily injury: Why criminal liability may still arise?
In everyday life, personal conflicts and disputes may arise from seemingly minor situations. Many people believe that if an act of physical assault does not result in bodily injury, or if a forensic assessment concludes that the victim’s injury rate is 0%, the incident is merely a “minor matter” and does not give rise to serious legal consequences. While this perception is common, it is not entirely accurate under Vietnamese criminal law. In practice, whether an act is subject to criminal prosecution does not depend solely on the percentage of bodily injury. Instead, it also depends on the protected legal interest infringed upon, the nature and level of social danger of the conduct, and the context in which the act occurs. This article analyzes the current legal framework to clarify: (i) when an act of assault does not constitute the crime of intentional infliction of bodily harm; and (ii) in which circumstances, even without ...