(Baonghean) -Regarding the incident that just occurred at My Yen parish (Nghi Phuong commune - Nghi Loc district - Nghe An), it is necessary to clearly distinguish: The fact that the Investigation Police Agency, Nghe An Provincial Police prosecuted and temporarily detained two suspects Nguyen Van Hai and Ngo Van Khoi for the crimes of "disturbing public order"; "illegal detention"; "property destruction", and "Intentionally causing injury" as prescribed in theArticles 245, 123, 143 and 104 of the Penal Code, is the right person, the right crime. The arrest and detention were in accordance with the provisions of procedural law. At the investigation agency, the defendants also confessed their actions and wished to receive leniency from the law. Relatives of the defendants should have encouraged and advised them to confess honestly to enjoy mitigating circumstances according to the provisions of the Penal Code, but some parishioners and relatives of the defendants committed acts that violated the law.
The incident that followed on September 4, 2013 at My Yen parish, regardless of their motives, the subjects causing trouble at the Nghi Phuong Commune People's Committee headquarters violated the law. One of the principles of the Criminal Code is that "All criminals are equal before the law, regardless of gender, ethnicity, belief, religion, social status, or social class."(Clause 2, Article 3 of the Penal Code).For the actions they have taken, the subjects will be prosecuted for the crimes of "disturbing public order" and "illegal detention".
Article 245.Crime of disturbing public order: 1. Anyone who disturbs public order 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 and continues to violate, 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) Being organized; c) Causing serious obstruction of traffic or causing disruption of public activities; d) Inciting others to cause disturbance; e) Assaulting people who intervene to protect public order; e) Dangerous recidivism.
Article 123.Crime of illegal arrest, detention or imprisonment: 1. Anyone who illegally arrests, detains or imprisons another person shall be subject to a warning, 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 1 year to 5 years: a) Organized; b) Abusing position and power; c) Against a person performing official duties; d) Committing the crime multiple times; e) Against many people.
3. Crimes causing serious consequences shall be punished by imprisonment from three to ten years.
4. The offender may also be banned from holding certain positions from 1 to 5 years. |
