How will the act of declaring death for a living person be punished?
As reported, recently in Tan An ward (Buon Ma Thuot City, Dak Lak) there was a case of Mrs. TTNP going to Tan An ward to carry out procedures to declare death for NHL’s grandchild (SN 2019, her son P.) . Mrs. P. declared her grandson L. died at 6:30 p.m. on May 4 and was granted a death certificate by Tan An ward on May 11.
However, on the evening of May 19, suddenly L.’s father posted information on Facebook about the fact that L. was still alive but was declared dead by his mother and the authorities immediately entered the verification process.
On the afternoon of May 23, the boy’s father said he had found him at a house in Dak Mil district, Dak Nong province. Working with the Public Security Agency, the woman over 50 years old, who is the caretaker of L.’s grandson, said that TTNP (32 years old, L.’s mother) sent her down and promised that there would be no trading.
Currently, authorities are continuing to clarify.
The mother died while the child was still alive
Before, the police had invited the child’s mother to work, but Mrs. P. admitted that she was divorced from her ex-husband and the two still often had conflicts and frictions. Ms. P. said that her husband beat her, so she declared the death of her son and sent the death certificate to her ex-husband to prevent this person from seeing the child again. Currently, the police continue to clarify whether Ms. P’s true purpose is correct or not.
Regarding the issue of death declaration for a person while that person is still alive, many people wonder if this is illegal? Will there be any impact on the life of the deceased?
According to lawyer Dang Van Cuong – Hanoi Bar Association, in the above case, Ms. TTNP committed fraud in declaring her son’s death.
Doctor – Lawyer Dang Van Cuong – Hanoi Bar Association
However, the above behavior has not yet committed a crime of fraud to appropriate other people’s property, so the mother will not be prosecuted for criminal responsibility but can only be administratively handled such as fines.
Decree 82/2020/ND-CP on sanctioning of administrative violations in the field of judicial assistance, judicial administration, marriage and family clearly states that, from September 1, 2020, individuals who commit acts carry out procedures for death registration for living people… be fined from 10-20 million dong.
This fine is also applied to the act of failing to carry out the procedures for death registration for the deceased for self-seeking purposes; Providing false information and documents when carrying out death registration procedures for self-seeking purposes.
In addition, lawyer Cuong said that the judicial officer – civil status People’s Committee of Tan An ward, Buon Ma Thuot city issued a death certificate for baby NHL only based on “identity papers related to Mrs. P. the baby’s mother carried. follow” and “in the ward, Mrs. P. was crying, her face clearly showing grief and signed a commitment that what she said was true, she should believe” is not in accordance with the regulations.
Thus, this is an error, irresponsible in terms of administrative procedures. Persons who carry out this procedure will be disciplined, if causing damage, they must compensate for damage in accordance with the law. Because the lawyer believes that the irresponsible and irresponsible actions of the death declaration officer can seriously affect the life and interests of the litigants.
at Blogtuan.info – Source: Afamily.vn – Read the original article here
