How is obstruction of railway traffic handled?

Reply:

Article 268,The 2015 Penal Code (amended and supplemented in 2017) stipulates the crime of "Obstruction of railway traffic" as follows:

1. Anyone who places obstacles on the railway; displaces rails or sleepers; illegally drills, digs or cuts the railway bed; illegally opens level crossings, builds culverts or other structures across the railway; damages, changes, moves or obscures signals, signs or landmarks of railway traffic works; allows animals to cross the railway in violation of regulations or allows animals to pull vehicles across the railway without a driver; illegally brings self-made vehicles or vehicles not permitted to run on the railway; or sabotages railway vehicles; Encroaching on railway traffic safety corridors or railway traffic works protection areas, causing damage to others in one of the following cases or having been disciplined or administratively sanctioned for one of the acts specified in this Article but still violating, shall be subject to a fine of from VND 30,000,000 to VND 100,000,000, non-custodial reform for up to 03 years or imprisonment from 01 year to 03 years:

a) Causing death;

b) Causing injury or damage to the health of 01 person with a body injury rate of 61% or more;

c) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%;

d) Causing property damage from VND 100,000,000 to under VND 500,000,000.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 years to 10 years:

a) Killed 02 people;

b) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 122% to 200%;

c) Causing property damage from VND 500,000,000 to under VND 1,500,000,000.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 15 years:

a) Causing the death of 3 or more people;

b) Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people being 201% or more;

c) Causing property damage of VND 1,500,000,000 or more.

4. Obstructing railway traffic in cases where there is a real possibility of leading to the consequences specified in Points a, b and c, Clause 3 of this Article, if not prevented in time, shall be subject to a fine of from VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 02 years or imprisonment from 03 months to 01 year".

Thus, cases of encroachment on railway traffic safety corridors, obscuring signals and signs of railway traffic works, allowing animals to cross railways in violation of regulations... are collectively called the crime of "Obstruction of railway traffic", and can be criminally prosecuted with a maximum prison sentence of up to 15 years.

PV