Lawyer talks about compensation for Carina Plaza fire

14:42 | 26/03/2018
The Carina Plaza fire, which killed 13 people, injured 28, and burned over 160 vehicles, will be investigated to uncover the causes and liabilities behind the tragedy.
lawyer talks about compensation for carina plaza fire
Carina Plaza fire caused serious consequences

According to the local fire department, the fire started from a motorbike in the thousand-square-metre basement. The investigation agency also collected all camera recordings and took statements from people around, and will complete the forensic examination soon.

Lawyer Nguyen Anh Thom said that the investigation agency needs to identify the causes of the fire. The investigation results will serve as the foundation to prosecute violators in case an offense is uncovered.

If the owner of the vehicle catching fire is found to have caused the fire intentionally, they will be charged with murder (Article 123) and the deliberate destruction of property (Article 178 of the Criminal Code 2015).

If the person who caused the Carina Plaza fire did it from opposition to the people’s government, they would be charged with terrorism to oppose the people’s government according to Article 113.

If the fire was caused by electrical fire in the basement, it would need to be specified whether the power manager violated regulations on fire prevention. If there is an offense, the power manager would be held responsible in relation to regulations of law on fire safety and fire fighting in Article 313.

If the investigation agency finds that someone caused this fire either intentionally or unintentionally, they will have to pay compensation in addition to criminal responsibilities, according to Article 589, 590, and 598.

In accordance with Decree No.23/2018/ND-CP dated February 23, 2018 on compulsory fire and explosion insurance, apartments, hotels, and guest houses which are higher than five floors must purchase compulsory insurance. Thereby, all damages will be paid by the insurance agency in line with regulations.

However, insurers could deny liabilities for risks in some cases, such as natural disasters, political events or security, social order, and safety reasons behind intentional violations of the regulations on fire prevention as the direct cause of the fire and explosion.

Article 313: Offences against regulations of law on fire safety and fire fighting

1. Any person who violates regulations of law on fire safety or fire fighting in any of the following cases shall face a penalty of up to 03 years' community sentence or 02-05 years' imprisonment:

a) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61 per cent physical disability;

b) The offence results in bodily harm to 02 people, each of whom suffers from 31-60 per cent physical disability;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61-121 per cent;

d) The offence results in property damage of from VND100,000,000 to under VND500,000,000.

2. This offence committed in any of the following cases shall carry a penalty of 05-08 years' imprisonment:

a) The offence results in the death of 02 people;

b) The offence results in bodily harm to 02 people, each of whom suffers from 61 per cent physical disability or more;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122-200 per cent;

d) The offence results in property damage of from VND500,000,000 to under VND1,500,000,000.

3. This offence committed in any of the following cases shall carry a penalty of 07-12 years' imprisonment:

a) The offence results in the death of ≥ 03 people;

b) The offence results in bodily harm to 03 people, each of whom suffers from 61 per cent physical disability or more;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201 per cent;

d) The offence results in property damage of ≥ VND1,500,000,000.

4. If this offence results in bodily harm to 01 person who suffers from 31-60 per cent physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31-60 per cent, the offender shall face a penalty of up to 02 year's community sentence or 03-24 months' imprisonment.

5. If this offence is likely to cause harm to life, health or property of other people and is not promptly prevented, the offender shall face a penalty of up to 01 year's community sentence or 03-24 months' imprisonment.

6. The offender might also be liable to a fine of from VND10,000,000 to VND50,000,000 or prohibited from holding certain positions or doing certain jobs for 01-05 years.

By Nguyen Huong

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