Do people have the right to check the documents of traffic police?
Currently, there are many conflicting opinions about the statement "people do not have the right to check documents and vehicles of traffic police" by Major General Tran Son Ha, Director of the Traffic Police Department (Ministry of Public Security).
At the launching ceremony of the peak period to ensure traffic order and safety to celebrate National Day September 2 and the traditional day of the People's Police organized by the Traffic Police Department (Hanoi Police), Major General Tran Son Ha, Director of the Traffic Police Department, said: "Traffic police officers on the street to handle violations are permitted by competent authorities, have name tags, signs, and proper cards on their chests, so it is incorrect for people to request to check the plan, the topic or check the inspection stamp of the speed camera, they do not have such rights."
This statement has attracted the attention and created debate among many people with the question: Do people have the right to check the documents of the Traffic Police?
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| Traffic police handle traffic violations |
Even within the legal community, there are conflicting opinions on this issue. Lawyer Tran Minh Hung (Ho Chi Minh City Bar Association) said: “In principle, when a violator is punished, the violator has the right to request the competent authority to prove the violator’s fault, to see, know and check this evidence. If people do not have these basic rights, it will lead to abuse of power, unjustified and indiscriminate punishment.”
However, Lawyer Nguyen Kieu Hung, Giai Phong Law Firm (Ho Chi Minh City Bar Association) said: “It is true that giving people the right to check immediately, on the contrary, traffic police is a bit inconvenient and can be easily abused by people. However, if people are not given this right, traffic police will have more opportunities to abuse their power. Therefore, it is necessary to think of another form, which both sides cannot “abuse” even if they want to.” According to Lawyer Hung, people have the right to promptly report and complain later, and should not let the situation where anyone who violates the law “checks back” the traffic police.
To have a multi-dimensional view on this issue, please post the content of two streams of opinions. Below is an exchange with Lawyer Nguyen Kieu Hung (Ho Chi Minh City Bar Association).
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| Lawyer Nguyen Kieu Hung, Giai Phong Law Firm (Ho Chi Minh City Bar Association) |
- Lawyer Nguyen Kieu Hung, in your opinion, is the content that Major General Tran Son Ha (Director of the Traffic Police Department) said above in accordance with the spirit of "people know, people discuss, people inspect"?
The spirit of "People know, people discuss, people inspect" is expressed and implemented in many forms on the principle of being in accordance with the provisions of the law and not causing damage to other organizations and individuals. It is true that giving people the right to inspect immediately, on the contrary, traffic police is a bit inconvenient and easily abused by people. However, if people are not given this right, traffic police will have more opportunities to abuse their power. Therefore, it is necessary to think of another form, which both sides cannot "abuse" even if they want to.
- According to Circular 01/2016 of the Ministry of Public Security, there are 5 cases in which traffic police can stop vehicles, including cases where there must be a patrol plan, or a specific topic, or an order. Do people know about this document?
In principle, it is known, but when and in what cases there are no specific regulations.
- If the traffic police do not let people see, how can they ensure that officers and soldiers with cards, uniforms, and name tags perform tasks that are not assigned?
When detecting signs of suspicion that the traffic police are performing their duties in violation of regulations and procedures, people have all their rights to know that. That is the right to report to the police inspector, the right to request the traffic police to record in the minutes necessary information such as name, position, license plate number, date, time, location where the violation was detected and the minutes were made. When this information is recorded in the minutes, people have the right to complain or sue the traffic police in court.
- Besides, fake traffic police have happened before, so if there are name tags and patrol cards but people are not allowed to check, can this problem be prevented?
In my opinion, prevention is possible by immediately calling the local police hotline or the police inspectorate when in doubt.
- However, there is also a phenomenon where violators harass and demand to re-inspecte the traffic police. So, according to the lawyer, what kind of monitoring mechanism is needed so that when people violate traffic laws, they harass and demand to re-inspecte the traffic police?
I agree that people should not be given the right to immediately check the traffic police, but the traffic police and propaganda activities need to guide people on the right to promptly report and the right to complain later.
Thank you attorney!
Lawyer Tran Minh Hung, Family Law Firm (Ho Chi Minh City Bar Association) “People have the right to know that this document is valid and the person imposing the fine must provide it to the violator to avoid abuse of power.” Lawyer Tran Minh Hung (Gia Dinh Law Firm, Ho Chi Minh City Bar Association) commented: "In my opinion, Major General Tran Son Ha's statement that "people request to check plans, topics or check inspection stamps of speed cameras is incorrect, they do not have such rights" is unfounded and does not guarantee the right to prove and provide evidence of violators. In principle, when a violator is punished, the violator has the right to request the competent authority to prove the violator's fault, to view, know and check this evidence. If people do not have these basic rights, it will lead to abuse of power, unjustified and indiscriminate fines. Thus, it will cause frustration and unconvincing for violators when not giving people basic rights such as being asked to prove their fault, providing evidence of fault, and being able to review and check the tools and machines supporting the punishment of traffic police. According to the provisions of Clause 2, Article 14 of Circular No. 01/2016 of the Ministry of Public Security on control through professional technical means and equipment as follows: When recording violations of traffic order and safety of people and vehicles participating in traffic through professional technical means and equipment, the officer performing the command to stop the vehicle for control must draw up a record of administrative violations and handle them according to regulations. In case the violator requests to see the images, recordings, and results obtained regarding the violation, they must be shown immediately if the images, recordings, and results are available there. When the images, recordings, and results are not available immediately, the police will instruct the violator to see the images, recordings, and results obtained when they come to handle the violation at the unit's headquarters. In addition, pursuant to Clause 2, Article 12 of this Circular, officers performing patrol and control duties are allowed to stop vehicles for control in the following cases: a) Directly detect or through professional technical means and equipment detect and record violations of road traffic laws; b) Implement orders and patrol and control plans of the Director of the Traffic Police Department or the Director of the Provincial Police Department or higher; c) Implement the plan to organize patrols, control and handle violations, ensure traffic order and safety of the Head of the Highway Traffic Patrol and Control Department under the Traffic Police Department, Head of the Traffic Police Department or Head of the District Police or higher; d) There is a written request from the Head or Deputy Head of the investigation agency; a written request from a relevant competent authority to stop a vehicle for inspection to serve the work of ensuring security, order, preventing and combating crimes and other violations of the law. The written request must specifically state the time, route, vehicle stopped for inspection, handling, and participating forces; d) Report and denounce violations of the law by people and vehicles participating in traffic. Based on the above regulations, the people's right to know this document is well-founded and the person imposing the fine must provide it to the violator, avoid abusing power, avoid not performing duties but still imposing fines at any time and place... |
According to Infonet
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