How will violations of the right to complain and denounce be handled?
(Baonghean.vn) - Every citizen has the right to complain and denounce. What acts are considered violations of the right to complain and denounce and how will they be handled?. The issue of concern of Mr. Tran Dinh Hung (Nghi Loc, Nghe An).
Pursuant to the provisions of Article 166 of Chapter XV of the Penal Code No. 2015 and the Law amending and supplementing a number of articles of the Penal Code 2017, "Crime of infringing upon the right to complain and denounce" is stipulated as follows:
1. Anyone who commits one of the following acts shall be subject to reform without detention for up to 03 years or imprisonment from 06 months to 03 years:
a) Using force, threatening to use force or other acts to obstruct complaints, denunciations, the consideration and settlement of complaints, denunciations or the handling of the complained or denounced person;
b) Abusing one's position or power to obstruct the execution of decisions of competent authorities to consider and resolve complaints and denunciations, causing damage to the complainant or denouncer.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:
a) Organized;
b) Retaliation against complainants and denouncers;
c) Taking advantage of one's position and power to commit the acts specified in Point a, Clause 1 of this Article;
d) Leading to protests;
d) Making the complainant or denouncer commit suicide.
3. The offender may also be banned from holding certain positions from 01 to 05 years.
The crime of violating the right to complain and denounce, one of the human freedoms and democratic freedoms of citizens, is stipulated by the Constitution and the law. Depending on the type of behavior, the penalty framework increases with a prison term of 02 years to 07 years. The additional penalty framework is stipulated (can be applied) as: Prohibition from holding certain positions from 01 year to 05 years.
