How is the crime of obstructing road traffic handled?
(Baonghean.vn) - Mr. NVT in Nam Dan asked, many people still blatantly illegally use the traffic safety corridor to gather materials, obstructing the view, causing traffic insecurity... So, how is the crime of obstructing road traffic handled according to the law?
Reply:
Article 261 of the 2015 Penal Code (amended and supplemented in 2017) stipulates the Crime of obstructing road traffic, as follows:
1. Anyone who illegally digs, drills, cuts, or fills road traffic works; illegally places, leaves, or dumps materials, waste, garbage, sharp objects, slippery substances, or other obstacles that obstruct road traffic; illegally dismantles, moves, distorts, obscures, or destroys signs, traffic lights, markers, convex mirrors, median strips, or other road traffic safety equipment; illegally opens intersections across roads or roads with median strips; illegally uses curbs, sidewalks, roadways, or road safety corridors, or violates regulations on ensuring traffic safety when performing construction on roads, causing damage to others in one of the following cases, 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 06 months 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 subject to a fine of from VND 100,000,000 to VND 300,000,000 or imprisonment from 02 to 07 years:
a) At mountain passes, slopes, highways or dangerous road sections;
b) Causing the death of 02 people;
c) 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%;
d) 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 05 years to 10 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 road traffic in cases where there is a real possibility of leading to the consequences specified in one of points a, b and c, Clause 3 of this Article, if not prevented in time, shall be subject to a fine of from VND 5,000,000 to VND 20,000,000 or non-custodial reform for up to 01 year.
