How is the crime of disturbing security handled?

Gia Huy February 20, 2024 21:04

(Baonghean.vn) - Mr. Nguyen Van Toan, residing in Nam Dan district, asked: How is the crime of disturbing security handled? Is there a statute of limitations for criminal prosecution for the crime of disturbing security?

Reply:

Disturbing security is the act of inciting, attracting, and gathering a crowd with the purpose of disturbing public order and security, resisting law enforcement officers, or obstructing the activities of state agencies or social organizations to oppose the people's government.

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Illustration photo

-Article 118 of the Penal Code 2015, amended and supplemented in 2017, stipulates the crime of disturbing security as follows:

1. Anyone who, with the aim of opposing the people's government, incites, attracts, or gathers many people to disrupt security, opposes people on official duty, or obstructs the activities of agencies or organizations, if not falling under the cases specified in Article 112 of this Code, shall be sentenced to imprisonment from 5 to 15 years.

2. Other accomplices shall be sentenced to imprisonment from 2 to 7 years.

3. A person who prepares to commit this crime shall be sentenced to imprisonment from 6 months to 3 years.

According to Article 28Penal Code 2015Regulations on crimes not subject to the statute of limitations for criminal prosecution. Specifically including:

– Crimes against national security prescribed in Chapter XIII of thePenal Code 2015.

– Crimes against peace, crimes against humanity and war crimes specified in Chapter XXVI of thePenal Code 2015.

– The crime of embezzlement of property falls under the provisions of Clause 3 and Clause 4, Article 353 of the Penal Code.Penal Code 2015;The crime of accepting bribes falls under the provisions of Clause 3 and Clause 4, Article 354 of the Penal Code.Penal Code 2015.

Thus, the crime of disturbing security is a crime against national security, so the statute of limitations for criminal prosecution will not apply.

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How is the crime of disturbing security handled?
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