Strictly handle acts of opposing traffic police

More and more reckless

It can be seen that the behavior of not complying with inspection requests and resisting law enforcement officers in general and the Traffic Police in particular is becoming more and more complicated, causing significant impacts on the performance of official duties by the Traffic Police force. In terms of behavior, there are not only insulting and abusive words, but more dangerously and recklessly, there is the proactive attack on the force while handling the case.

Recently, at 9:45 a.m. on May 21, while performing patrol and control duties to ensure traffic order and safety at Km11+100 National Highway 48D, in Quynh Loc Commune, Hoang Mai Town, the Hoang Mai Town Police working group discovered a truck with license plate 37H-028.43, driven by Lo Van Tuan, traveling in the direction of National Highway 1A - Nghi Son with signs of violating the law by carrying overloaded goods. The working group signaled the vehicle to stop for inspection, but the driver did not comply and continued moving.

A patrol car of the Traffic Police of Hoang Mai town was hit by a truck driven by Lo Van Tuan. Photo: CATXHM

The task force then used a patrol car to follow closely and continued to signal the vehicle to stop. At Km 7+650 National Highway 48D, Lo Van Tuan deliberately drove his car straight into the back of the task force's vehicle, then continued to drive the car backwards for 700m before turning around and fleeing, turning onto Provincial Road 538B. On the way to escape, Tuan drove his car into the yard of a company located in Quynh Vinh Commune, Hoang Mai Town, then closed the car door and fled the scene.

Previously, on the afternoon of February 15, while performing patrol and control duties on Ho Chi Minh Road, near Thanh Duc Bridge (in Thanh Duc Commune, Thanh Chuong District), Road Traffic Police Team No. 3, Traffic Police Department of the Provincial Police discovered a truck with license plate 37V-0209 driven by To Huu Sy transporting wood without a tarpaulin cover.

To Huu Sy continuously drove the vehicle at high speed, weaving and swerving, endangering people and vehicles on the road. Photo: Document

Discovering the violation, the task force signaled the vehicle to stop and asked Sy to present relevant documents for inspection. However, Sy did not comply and drove away, crashing into a traffic police vehicle. To prevent the traffic police vehicle from passing, Sy drove the truck in a zigzag manner, endangering other road users. Not only that, when he got home, To Huu Sy also dumped all the wood on the truck bed across the gate to block the authorities.

Need stricter sanctions

The above cases have all been handled according to the provisions of the law. However, reality shows that the acts of resisting law enforcement officers are increasingly reckless, daring, even determined to resist to the end. In addition to causing damage, causing psychological damage to the force, and causing public outrage, these acts also create bad precedents that make traffic participants disregard the law...

Lieutenant Colonel Nguyen Nam Hong - Deputy Head of the Traffic Police Department of the Provincial Police Department said that the reason for resisting law enforcement officers is due to limited awareness of law enforcement, not to mention a group of young people with hooliganism, who have used alcohol and beer before, so they cannot control their behavior. In addition, one of the reasons why cases of resisting law enforcement officers still occur is because the sanctions for this behavior are not strong enough to deter.

Currently, the provincial traffic police force is simultaneously taking action to handle violations to reduce traffic accidents, including violations of alcohol concentration. In fact, there are still many cases of resistance. (In the photo: The Traffic Police Team - Vinh City Police Department is handling a case of non-cooperation on the evening of March 13 on Le Mao extended street). Photo: Document

Therefore, along with the solutions to prevent and combat crimes against people on official duty in the past time, the Provincial Police have directed. Specifically, strengthening the propaganda, dissemination and education for people about legal policies and sanctions for acts of resisting people on official duty; the rights and obligations of citizens and the functions, tasks and powers of the police force when performing official duties, contributing to raising people's awareness and responsibility in complying with the law.

Regularly organize training and fostering to improve professional qualifications; behavioral skills, methods of mobilizing, persuading, and dialogue with the people for police officers and soldiers at all levels to meet work requirements, prevent crime, ensure security and order, and contribute to limiting the causes and conditions that give rise to crimes against law enforcement officers.

In the content of implementing plans, topics, and peak periods to ensure traffic order and safety, and attack and suppress all types of crimes, the department always directs teams and stations to have a fuller and deeper awareness of the characteristics of the situation related to subjects resisting law enforcement officers in order to have measures to handle and prevent them.

In order to be able to strongly suppress criminals, to ensure the strictness of the law, along with the above solutions, it is necessary to study and increase the penalty level compared to current regulations. According to Mr. Phan Huy Chuong - Deputy Head of the Provincial Traffic Safety Committee: In cases of deliberately not complying with inspection requests, deliberately resisting law enforcement officers, especially in cases of recidivism, it must be strictly handled. Because this is an act of disregarding and challenging the law, it is necessary to study and amend legal regulations to have appropriate penalties.

The crime of "resisting a person on official duty" is stipulated in Article 330 of the 2015 Penal Code (amended in 2017) which stipulates: Anyone who uses force, threatens to use force or uses other means to prevent a person on official duty from performing their official duties or forces them to commit an illegal act shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years. Committing the crime in one of the following cases: Organized; committing the crime 2 times or more; inciting, enticing, or inciting others to commit the crime; causing property damage of VND 50,000,000 or more; dangerous recidivism shall be subject to imprisonment from 2 years to 7 years.

Compared to the current situation of acts of resisting law enforcement officers, with the starting penalty of non-custodial reform, it is still light and not enough of a deterrent. In fact, driving into the police force is a dangerous act that the subject knows in advance that it can lead to death but still deliberately commits. Therefore, this case must be handled seriously, especially cases of resisting law enforcement officers need to be brought to mobile trials for the purpose of general deterrence and prevention.

Lawyer Trong Hai - Director of Trong Hai & Associates Law Firm