Priest beating people in An Hoa: Signs of crime

November 23, 2016 15:18

(Baonghean.vn) -After the incidents of 'unjustified beatings and public disorder' in An Hoa commune (Quynh Luu district) occurred, speaking with Nghe An Newspaper reporters, Dr. Lawyer Nguyen Trong Hai - Head of Trong Hai and Associates Law Office said:

The first,Based on the nature and development of the behavior, it can be seen that the behavior of priest Dang Huu Nam shows signs of the crime of disturbing public order as prescribed in Article 245 of the Penal Code:

“1. Anyone who causes public disorder causing serious consequences or has been administratively sanctioned for this act or has been convicted of this crime, but has not had his/her criminal record expunged, but still commits the violation, shall be subject to a fine of from one million to ten million Dong, non-custodial reform for up to two years, or imprisonment from three months to two years.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from two to seven years:

a) Using weapons or committing acts of vandalism;

b) Organized;

c) Seriously obstructing traffic or causing disruption to public activities;

d) Inciting others to cause trouble;

d) Assaulting people who intervene to protect public order;

e) Dangerous recidivism.”

Mọi công dân đều bình đẳng trước pháp luật -Ảnh minh họa
All citizens are equal before the law - Illustration photo

Monday,During the investigation, if the investigating agency determines that the victim's disability rate is over 11%, the actions of the priest and the group of young men who beat the person can be prosecuted for criminal liability for "Crime of intentional infliction of injury".

Regarding the beating of Mr. Ho Vinh Lai, priest Dang Huu Nam may also be considered for prosecution as an accomplice according to the provisions of Article 20 of the Penal Code:

“1. Complicity is a case where two or more people intentionally commit a crime together.

2. The organizer, the executor, the instigator, and the accomplice are all accomplices.

The perpetrator is the person who directly commits the crime.

The organizer is the mastermind, leader, and commander of the crime.

An instigator is a person who incites, entices, or encourages another person to commit a crime.

An accomplice is a person who creates mental or material conditions for the commission of a crime.

3. Organized crime is a form of complicity with close collusion between those who commit the crime together.

On the other hand, regarding civil liability, the victims can also prepare evidence to file a lawsuit with a competent Court, requesting Father Nam and related persons to compensate for damages outside the contract.

In our opinion, all citizens are equal before the law, they can do anything that is not prohibited by law, when violating, regardless of who that person is, if there is a basis, it must be handled promptly, objectively, and in accordance with the law.

Doctor - Lawyer Nguyen Trong Hai

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