Is assaulting someone out of anger or frustration considered a crime with a hooliganistic nature?
"I witnessed a case where a motorcyclist was revving his engine loudly on the road. Out of anger and annoyance, another young man overtook him, blocked his path, and an argument ensued, leading to a fight and stabbing the motorcyclist, causing injuries. In this case, would the act of blocking a vehicle and attacking someone with a knife due to anger be considered a crime of hooliganism?" - a question of concern from Ms. Tran Thi L. (Van An commune, Nghe An province).
Reply:
According to Article 4 of Resolution No. 04/2025/NQ-HĐTP of the Council of Judges of the Supreme People's Court, guiding the application of aggravating circumstances of criminal responsibility as stipulated in point d, clause 1, Article 52 of the Penal Code, it states:
"Hooliganism" refers to a situation where the offender shows contempt for the law, frequently disrupts security and order, readily uses violence, and acts aggressively, disregarding the lives and health of others without reason or due to impulsiveness or trivial reasons, or frequently engages in acts of intimidation to force others to submit.
For example: Nguyen Van A. was driving a motorcycle and revving the engine loudly on the road. At this time, Nguyen Van B., annoyed by the loud revving, overtook A., blocked his path, and stabbed him in the right chest and left hip with a knife, causing injuries resulting in a 60% bodily harm rate. In this case, Nguyen Van B. would be subject to the aggravating circumstance of "committing a crime with a hooliganistic nature."
Therefore, based on the above guidance, the act of blocking a vehicle, assaulting, and attacking another person with a knife simply out of anger or annoyance at someone revving their engine loudly may be classified as a crime of a hooliganistic nature and may be subject to aggravating circumstances under the Penal Code when considering and deciding on the punishment.
