How are those who prevent citizens from exercising their right to protest punished?
(Baonghean.vn) - Let me ask how citizens' right to protest is currently regulated? How will those who prevent citizens from exercising their right to protest be punished? Will they be imprisoned? Question from Mr. Tran Long (Quy Hop).
Reply:
+ Pursuant to Article 25 of the 2013 Constitution, there are provisions on citizens' right to protest: Citizens have the right to freedom of speech, freedom of the press, access to information, assembly, association, and protest. The exercise of these rights is prescribed by law.
+ Will preventing citizens from exercising their right to protest result in imprisonment?
Pursuant to the provisions of Article 167 of Chapter XV of the Penal Code No. 2015 and the Law amending and supplementing a number of articles of the Penal Code 2017, it is stipulated that "Crime of infringing upon citizens' rights to freedom of speech, freedom of the press, access to information, and right to protest" is as follows:
1. Anyone who uses force, threatens to use force or other means to prevent citizens from exercising their rights to freedom of speech, freedom of the press, access to information, or the right to protest, and has been disciplined or administratively sanctioned for one of these acts but continues to violate, shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 01 year to 05 years:
a) Organized;
b) Abusing position and power;
c) Adversely affecting social security, order and safety.
3. The offender may also be banned from holding office for a period of 01 to 05 years.
Thus, when citizens exercise their right to protest, they must comply with regulations on national security, safety, social order, and public health, and must register in advance with the competent People's Committee where such activities take place and must comply with the registered content. If the above regulations are not complied with, it will be considered an illegal protest.
Anyone who prevents citizens from exercising their right to protest by using force, threatening to use force or other means and has been disciplined or administratively sanctioned for this act shall be prosecuted for criminal liability. The penalty shall be non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years. In case of aggravating circumstances, the person may be imprisoned from 01 year to 05 years.
