“Every school year ends with transcripts, exams and expectations of families and schools. But when the pressure of achievement exceeds a child’s endurance, scoldings that seem to be just for ‘teaching’ sometimes become a mental wound that is difficult to heal. If a student seeks death and leaves a suicide note claiming that the cause comes from the pressure of grades and the teacher’s insult, how will the law view this case? Are teachers criminally liable or not?”
Let’s analyze a real situation below with MSc. Nguyen Huu Long to find a complete solution both logically and emotionally.
Summary of the actual case (The Case)
At Secondary School X, Commune B, Province C, Nguyen Van A (14 years old), a grade 8 student, has an average academic ability and is often criticized by his homeroom teacher for his declining academic results.
According to the reflections of many students in the class, for a long time, the teacher repeatedly scolded Student A loudly in front of the group, using heavy words such as “no future”, “embarrassing the class”, “studying is useless”… making her more and more withdrawn, less communicative and stressful.
One evening, Mr. A was found dead by his family at his home. Next to it was a suicide note, in which she wrote that she could no longer withstand the pressure of grades and insults in front of the class.
The incident caused the family great pain and asked the authorities to investigate the responsibility of the teacher as well as the school.
Is the content of the suicide letter alone enough grounds to criminally handle the teacher? In what cases is Article 130 of the Criminal Code applied?
Legal perspective – “Solid shield”
Responsibilities of teachers to learners
Clause 3, Article 69 of the Law on Education 2019 stipulates:
“Article 69. Duties of teachers
…
Preserving the quality, prestige and honor of teachers; respect and treat learners fairly; protect the legitimate rights and interests of learners.
…”
Accordingly, teachers are responsible for:
Preserving the quality, honor and prestige of the teaching profession;
Respect personalities, treat learners fairly;
Protect the legitimate rights and interests of learners;
It is forbidden to infringe on the body, insult the honor and dignity of learners.
In addition, Clause 1, Article 22 of the Law on Education 2019 stipulates that the educational environment must be safe, healthy and friendly; preventing and combating school violence and creating conditions for learners to develop comprehensively.
In simple words, teachers have the right to remind and criticize students for educational purposes but must not use words that insult, humiliate or seriously harm the dignity and mental health of students.
Conditions for application of Article 130 of the 2015 Criminal Code on the crime of forced death
“Article 130. Death penalty
Those who cruelly treat or regularly bully, abuse or humiliate their dependents, causing them to commit suicide, shall be sentenced to between 02 and 07 years of imprisonment.
Committing the crime in one of the following cases, the offenders shall be sentenced to between 05 and 12 years of imprisonment:
a) For 02 or more persons;
b) For persons under 16 years of age, women who know that they are pregnant.”
According to Article 130 of the 2015 Criminal Code (amended and supplemented in 2017), those who cruelly treat, regularly bully, abuse or humiliate their dependents, causing them to commit suicide may be examined for criminal liability for the crime of forced death.
In order to consider the application of Article 130, the procedure-conducting agency must clarify many factors at the same time, including:
Committing acts of cruel treatment, frequently bullying, abusing or humiliating their dependents.
The victim has a dependent relationship with the person who commits the act (in an educational environment, it is necessary to specifically assess the management and educational relationship between teachers and students on a case-by-case basis).
There is a direct causal relationship between the perpetrator’s behavior and the victim’s suicide.
There is sufficient evidence to prove the elements constituting the crime in accordance with the law.
Thus, not every case of student suicide related to academic pressure or teacher criticism automatically constitutes a crime of death.
Apply to the situation
In the above situation, student A’s suicide letter is an important source of information, but not the only basis for determining the criminal responsibility of the teacher.
In order to assess whether Article 130 of the Criminal Code 2015 is eligible, the investigating agency needs to collect, examine and comprehensively evaluate evidence such as:
The content of the suicide letter.
Testimony of classmates, teachers, and parents.
Classroom camera (if any).
Psychological records and mental health status of students.
The frequency, extent and content of insults and insults.
Other factors in a student’s life can impact the decision to commit suicide.
If the investigation results prove that the teacher regularly uses words to humiliate, insult or exert serious mental pressure on students, and at the same time determines that such act is the direct cause of Child A’s suicide, the procedure-conducting agency may consider the application of Article 130 of the Criminal Code 2015 in the right order. statutory procedures and conditions.
On the contrary, if there are insufficient grounds to prove the signs constituting a crime or a direct causal relationship between the teacher’s behavior and the consequences occurred, there will be no sufficient basis to apply Article 130.
In any case, if a teacher offends the honor and dignity of students, he or she may still be considered for disciplinary liability in accordance with the law on education and internal regulations of the sector.
Legal conclusion
Through analysis, it can be seen that Article 130 of the Criminal Code is not applied only on the basis of the victim leaving a suicide note or being pressured to study, but there must be sufficient grounds to prove the act of cruel treatment, frequent bullying, abuse or humiliation and a direct causal relationship with suicide.
For the above situation, the procedure-conducting agency needs to comprehensively investigate and evaluate the evidence to determine whether or not it is eligible for the application of Article 130 of the Criminal Code. At the same time, schools must also review their management responsibilities, build a safe educational environment, strengthen pedagogical communication skills and support students’ psychology to prevent similar tragedies.
Perspective of Psychology – Education – Governance – “The Key to Humanity”
Psychological perspective
This is one of the most heartbreaking tragedies in the school environment. For parents, losing a child is an irreparable pain. They easily fall into a feeling of torment, blaming themselves for not recognizing their children’s signals for help.
For students, repeated insults in front of a group can deeply hurt their self-esteem, especially during puberty – a period when they are very sensitive to the judgment of others. Without timely listening, sharing, and psychological support, the accumulated pressure can lead to extreme decisions.
Educational perspective
Education not only imparts knowledge but also nurtures the character and mental health of learners. A proper reminder can help students improve, but an insult can leave lasting psychological scars.
Schools need to build a culture of respectful and humane behavior; encourage teachers to use positive discipline methods, evaluating students with encouragement instead of lowering or labeling negatively.
Management perspective
The case poses an urgent requirement for modern school governance:
Periodic training for teachers on emotional management, pedagogical communication and school mental health.
Establish a mechanism for receiving feedback, psychological counseling and early intervention for students with signs of crisis.
Develop a process to monitor teacher behavior in the classroom, incorporating feedback from students and parents.
Reduce the pressure of achievement, towards a safe learning environment and comprehensive development.
Comprehensive solution of Expert Nguyen Huu Long
A mental health crisis in schools is never an individual’s story, but rather a wake-up call about the gaps in the governance system and the invisible pressures of achievement disease.
Responding to crises with empathy and responsibility: In the face of heartbreaking incidents, the first step of the school must be to coordinate transparently with the authorities to find out the truth without shying away. However, the equally urgent task is to carry out the work of “psychological rescue”. Mental trauma can spread like a domino effect to classmates and homeroom teachers. Without the timely intervention of counselors, this psychological scar will leave long-term consequences for the whole team.
Replacing achievement metrics with happiness metrics: We can’t require students to be mentally healthy in an educational environment that only measures human worth with grades and titles. It’s time for schools to change their governance mindset. Teachers must be the first to release the pressure to learn how to manage personal emotions, thereby becoming sensitive “radars” that detect students’ silent cries for help before it is too late. The pedagogical environment must be a place where students have the right to fail, to be listened to, and to be psychologically safe.
Expert Nguyen Huu Long’s message:
“Grades can open the door to the future, but it’s respect and love that keeps a child going. In education, the teacher’s words not only convey knowledge but can also support or hurt the soul of the student.”
EXPERT PERSPECTIVE:
This article is based on the professional consultation and advice of MSc. Nguyen Huu Long – Expert in Leadership, Legal, Psychology & Education. With a multi-disciplinary integrated mindset, we not only provide a solid legal shield but also provide comprehensive risk management and psychological empathy solutions for the sustainable development of the community.
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