On the afternoon of 18/4, a 50-year-old man was riding a motorcycle on Provincial Road 908, heading from National Highway 54 to National Highway 1A, in Tan Luoc commune, Vinh Long province. The road was relatively empty. Suddenly, his motorcycle hit a football, causing him to fall. Despite being rushed to the emergency room, he died.

Security camera footage, according to the Traffic Police Department of the Ministry of Public Security, recorded the 5-year-old boy playing with adults on the right shoulder of the road just seconds before the accident. The boy then kicked the football into the roadway, and the victim's motorcycle struck it.

Authorities are currently investigating the cause of the accident and have not yet released a conclusion.

In this incident, the child is not subject to criminal responsibility. Lawyer Dao Thi Bich Lien of Ha Hai and Associates Law Office, Ho Chi Minh City Bar Association, explained that according to Article 12 of the 2015 Criminal Code, amended and supplemented in 2017, individuals under 14 years old are not criminally liable. Therefore, even if the act of kicking the ball into the road led to the accident, the boy is not considered an offender.

However, legal responsibility could extend to the parents or guardians. This depends on their degree of fault and the causal link between inadequate supervision and the resulting death. Such responsibility can include criminal, civil, and administrative liabilities.

Criminal Liability

Parents or direct guardians may face charges of involuntary manslaughter under Clause 1, Article 128 of the 2015 Criminal Code, with a maximum penalty of 5 years in prison. This applies if investigators can prove that the guardian's actions meet the elements of the crime. Specifically, a lack of responsibility in managing and supervising the child, allowing them to play in a dangerous area like the roadway, and this lack of supervision directly caused the fatality.

Nevertheless, lawyer Lien emphasizes that criminal prosecution requires careful consideration. It must be based on a thorough assessment of the causal relationship and the element of fault. If the motorcyclist violated traffic laws, such as speeding, lacking observation, or losing control, their actions could be considered the direct cause of the accident. This would alter, or even negate, the causal link between the child's supervision and the tragic outcome.

Civil Liability

Parents are fully responsible for compensating damages caused by a child under 15 years old, as stipulated in Clause 2, Article 586 of the 2015 Civil Code. Article 591 further defines these damages to include medical expenses, funeral costs, emotional distress, and any support obligations.

Regarding administrative responsibility, using the roadway or sidewalk for playing ball can result in a fine ranging from 200,000 to 250,000 VND. This is outlined in Point b, Clause 2, Article 12 of Decree 168/2024/ND-CP dated 26/12/2024.

"In similar cases, authorities comprehensively evaluate the actions, degree of fault, and causal relationship to determine appropriate legal responsibility," lawyer Lien noted. Resolving such incidents through civil means, based on goodwill and mutual understanding, is often prioritized. This approach aims to mitigate consequences, ease the burden on the victim's family, and minimize negative psychological impacts on the young child.

This incident highlights the risks that can arise from seemingly simple situations when children play on sidewalks, roadways, or other potentially unsafe areas without adequate supervision.

Nhat Vy