How is the crime of disturbing public order handled?
(Baonghean.vn) - Mr. Nguyen Van Tinh in Quynh Luu district asked: Recently, I read in the newspaper that a famous model was prosecuted and temporarily detained for "disturbing public order". So, how will this offender be handled according to criminal law?
Reply:
Article 318, Penal Code 2015,The 2017 amendment stipulates the "Crime of disturbing public order" specifically as follows:
1. Anyone who causes public disorder that negatively affects security, order, or social safety, 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 VND 5,000,000 to VND 50,000,000, non-custodial reform for up to 02 years, or imprisonment of 03 months to 02 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:
a) Organized;
b) Using weapons, dangerous weapons or committing acts of vandalism;
c) Seriously obstructing traffic or causing disruption to public activities;
d) Inciting others to cause trouble;
d) Assaulting people intervening to protect public order;
e) Dangerous recidivism.
Thus, in cases where there is sufficient basis to determine criminal liability for disturbing public order, the violator may face a maximum penalty of up to 7 years in prison./.
