Continuous car crash in Hanoi: Will the driver get criminal immunity if the car loses its brakes?

Regarding the continuous accident that occurred on Vo Chi Cong Street (Tay Ho District, Hanoi), on April 6, driver Hoang Ngoc Vinh (63 years old, residing in Long Bien District, Hanoi) had a testimony. Initially at the police station.

Driver Vinh said that on the afternoon of April 5, he and his wife went to Hanoi Heart Hospital for monthly medical checkups. After completing the examination and getting in the car to leave, the car had an accident when two people had just sat up for 30 seconds.

"I braked with all my might, then pulled the handbrake and went back to zero, but it didn't work. In the course of 40 seconds, I tried my best but was in a panic, so I mistook the gas pedal for the brake pedal, I braked harder and harder. The more the throttle, the more the car drove away," said driver Vinh, who said that while he could not control the car, he did everything he could to avoid hurting people around him.

According to Mr. Vinh, at that time, the car speed was about 50-60 km/h, when the accident happened, he thought about the consequences for himself and everyone.

"I think at that time it was like someone robbed a car, just dragged it. I focused on driving, and my wife said, 'Oh my god, I'm dead. Fourth, I closed my eyes...", Mr. Vinh said.

According to the driver, after getting off the bus, he cried and lamented "why is this so bad". He tried to save people at the scene, but was advised to "go to the police station and report it to be safe".

"Through the incident, I want to apologize to everyone who was injured by me in the accident. I promise to be responsible in the remedial work," Mr. Vinh said.

This is a serious traffic accident, causing panic for many people. At the time of the incident, the image shown through the clip showed that the car lost control and crashed into a crowded group of people moving in front at the intersection, causing many motorbikes to be hit as a result. Many people were seriously injured.

From a legal perspective, according to lawyer Dang Van Cuong, head of the Legal Law Office, the authorities will investigate to clarify the cause of the accident to have a form of handling in accordance with the provisions of law. the law. In case the verification results of the authorities show that this man mistakenly stepped on the accelerator, causing the car to rush forward, leading to the accident, the investigating agency will prosecute a criminal case. prosecute the accused against this man for violating the regulations on participating in road traffic under Article 260 of the penal code.

"According to the law, automobiles are a source of extreme danger. Drivers of sources of extreme danger must comply with the provisions of the law on ensuring road traffic safety and must comply with the regulations. When the intersection has a red light, all vehicles must stop, when the green light comes on, they are allowed to move "- Lawyer Cuong analyzed.

Therefore, in case the verification results of the authorities show that the driver of this car did not comply with the provisions of the road traffic law, did not comply with the regulations on road signs, when If he sees a red light at an intersection without stopping, causing a traffic accident or has mistakenly stepped on the accelerator, leading to the accident, this person will be examined for penal liability under Article 260 of the Penal Code.

In case the verification results show that the driver of this vehicle was at fault for not controlling the speed, leading to the accident and the accident causing injuries from 122% to 200% or the death of 02 or more people, will be punished by imprisonment from 3 to 10 years.

Where the consequences are determined to cause 03 or more deaths; Injury 201% or more; or cause property damage of VND 1,500,000,000 or more, the highest penalty bracket is a prison term of between 07 and 15 years.

"If the driver of this vehicle is not at fault, he or she will not be held criminally responsible. However, he must still compensate the victims for damage. The damage includes treatment costs, carer's wages, and income. lost, reduced income and mental damages up to 50 months' basic salary for each victim in accordance with the law on compensation for non-contractual damage caused by the source of extreme danger" - law Professor Cuong analyzed.

Agreeing with the point of view of lawyer Cuong, lawyer Dang Phuong Chi (of the Hanoi Bar Association) further analyzed, in the case of a car losing its brakes, the determination of the driver must be criminally responsible. whether or not they will need to rely on the results of the expertise solicitation and the investigation conclusions of the competent authority in order to determine accurately. Only when there are grounds to determine that driver Vinh belongs to the case of exclusion of criminal liability as prescribed in Chapter IV of the Penal Code 2015.

In the case that the victims do not have a claim for compensation, lawyer Chi believes that, according to the provisions of Clause 1, Article 155 of the Criminal Procedure Code, the criminal case specified in Article 260 of the Penal Code is not in the case of prosecution at the request of the victim. Therefore, even if the victim does not sue, but the driver's behavior is sufficient to constitute a crime, he will still be examined for penal liability in accordance with the law and must pay compensation. damages caused by their actions.

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