Hai Duong: M.ale s.tudent recklessly "passed the checkpoint", hit and injured a traffic police major

Recently, a m.ale s.tudent ignored the traffic police's signal to stop, accelerated and ran over a police major. As a result, this person was seriously injured and had to be hospitalized.

On the morning of September 25, Hai Duong City Police (Hai Duong Province) announced that the unit had temporarily detained a 12th grade m.ale s.tudent to investigate his behavior of resisting law enforcement officers and "breaking through checkpoints" causing serious injuries to Hai Duong Traffic Police.

Initial information, last night (September 24), a working group of the Traffic Police Team coordinated with force 151, Hai Duong City Police to set up a checkpoint to check alcohol concentration on Thanh Nien Street, near HC electronics supermarket (in Hai Tan ward).

At around 8:50 p.m., the task force discovered Dinh Tien Minh (born 2007, in Binh Han ward, Hai Duong city) driving a Wave 34B4-813.xx motorbike, not wearing a helmet and going at high speed.

Immediately, 3 soldiers in the working group standing at 3 different positions took turns signaling Minh to stop the car. However, Minh did not comply and increased the speed, sped away and crashed into Major Nguyen Hong Khu, of the Traffic Police - Order Team, Hai Duong City Police.

After the collision, Major Khu suffered a broken right leg, a broken left kneecap and facial injuries. His teammates quickly took him to Hai Duong General Hospital and then transferred him to Viet Duc Friendship Hospital for treatment.

As for Dinh Tien Minh, he suffered scratches on his left elbow, left hip and left ankle. Minh stated that because he did not have a driver’s license and did not comply with traffic safety laws, he did not stop the car and ran away because he was afraid of being caught by the authorities. After testing, he had no alcohol level and tested negative for prohibited substances.

It is known that individuals who obstruct or oppose the authorities in handling alcohol concentration violations may be committing acts of resisting law enforcement officers.

1. Administrative sanctions for acts of resisting law enforcement officers

If resisting a law enforcement officer does not reach the level of criminal prosecution, the violator will be subject to administrative sanctions.

Article 21 of Decree 144/2021/ND-CP stipulates penalties for acts of resisting people on official duty as follows:

- A fine of from VND 1,000,000 to VND 4,000,000 shall be imposed on the act of brokerage or assisting individuals and organizations in violating the law to evade inspection, examination and control by law enforcement officers.

- A fine from VND 4,000,000 to VND 6,000,000 for one of the following acts:

Obstructing or failing to comply with requests for inspection, examination, control or other duties of public servants as prescribed by law;

Threatening, insulting, or offending the honor and dignity of a person performing official duties with words or actions;

Organizing, inciting, assisting, enticing or inciting others to not comply with the inspection, examination or control requests of public servants.

- A fine from VND 6,000,000 to VND 8,000,000 for one of the following acts:

Using force or threatening to use force against people performing official duties;

Causing damage to property and vehicles of state agencies and public servants;

Giving m.oney, property, other material benefits or immaterial benefits as bribes to public servants.

In addition, the violator is required to publicly apologize to the official.

2. Criminal handling of acts of resisting law enforcement officers

In case the act of resisting a person on official duty has sufficient elements to constitute a crime, criminal liability will be prosecuted for the crime of resisting a person on official duty.

Specifically, Article 330 of the Penal Code stipulates the crime of resisting a person on official duty as follows:

- Anyone who uses force, threatens to use force or uses other tricks to prevent a public official from performing his or her official duties or forces him or her to commit an illegal act shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.

- Committing a crime in one of the following cases shall be punishable by imprisonment from 2 to 7 years:

Organized;

Committing a crime 2 or more times;

Inciting, enticing, or inciting others to commit crimes;

Causing property damage of VND 50,000,000 or more;

Dangerous recidivism.

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