Strictly handle acts of resisting law enforcement officers

Increase in crime rate

In fact, many cases of resisting law enforcement officers with increasingly violent and dangerous nature are taking place, causing significant impacts on the performance of official duties by the functional forces. The force that has to face the most of these acts is the traffic police.

For example, at around 10:00 p.m. on January 24, 2019, the Tan Ky District Police Working Group discovered Thai Ba Nam (born in 1998), residing in Nghia Thai Commune, Tan Ky, driving a motorbike with license plate 37N1-247.47 on Ho Chi Minh Road but not wearing a helmet, so they signaled him to stop for inspection.

However, when getting off the car, Nam challenged the traffic police. At the same time, Ho Sy Van (born in 1998), residing in Nghia Dung commune, Tan Ky, was driving another motorbike in the opposite direction and was not wearing a helmet, so the task force also signaled him to stop for a document check.

Ho Sy Van did not comply, then ran into a nearby restaurant and took out two metal lips to threaten, challenge and attack the police force. Many people witnessed and took the two lips from his hand, but Van continued to insult the force on duty.

Thai Ba Nam and Ho Sy Van in court. Photo: document

At the same time, Nam jumped in, pushed him down, punched him in the face, mouth, and bit his right leg. Seeing Nam being restrained, Van picked up a brick from the middle of the road and attacked the police to free Nam, but was also restrained afterwards.

Then on February 9, 2019, Nguyen Quang Tuy (born in 1970), residing in Tan Bac village, Ea Kenh commune, Krong Pac district, Dak Lak province, drove a KIA car, license plate 47A-130.89 from the South to the North. At about 3:00 p.m. the same day, when Tuy's car arrived at Ben Thuy 2 Bridge Toll Station in Hung Loi commune, Hung Nguyen, he deliberately did not buy a ticket with the reason "I ran out of money and requested to debit" "I swiped my ATM card to deduct the fee"...

A moment later, Tuy drove the car through the barrier, hit a traffic marker, and continued on National Highway 1A to avoid Vinh.

Nguyen Quang Tuy was sentenced to 24 months in prison for the crime of “Resisting a person on official duty”. Photo: Hien Chuong

The Vinh bypass BOT leaders reported to the Provincial Police and Hung Nguyen District Police. At about 3:50 p.m. the same day, at KM444+220, National Highway 1A in Nghi Xa Commune, Nghi Loc District, the Working Group of the Provincial Traffic Police Department discovered the car driven by Tuy, so they signaled to stop the car to check the documents, and at the same time coordinated with Hung Nguyen District Police to request Tuy to drive the car to Hung Nguyen Police headquarters to clarify the incident.

Upon entering the Hung Nguyen District Police headquarters, Tuy requested that the car be sealed. While the police were completing the paperwork, Tuy borrowed the key to take out the property in the car, then locked the car door without permission.

The police repeatedly asked Tuy to get out of the car to continue working, but Tuy did not comply and sat in the car using his phone to record a video, live-streamed it on Facebook; started the engine, drove the car around the headquarters yard, and crashed straight into the task force.

At 0:00 on February 10, seeing that Tuy's behavior was prolonged and dangerous, the police force broke the car window and arrested Tuy for "Resisting a person on official duty".

Not only the traffic police force but also other forces such as the investigation police, mobile police, public order police, local police... also have to face acts of resisting people on duty. For example, at 12:00 on January 19, 2019, in Block 2, Vinh Tan Ward (Vinh City), the Environmental Police Department caught 4 subjects red-handed in the act of illegally buying and selling wild animals.

At the time of arrest, Hoang Van Son (born in 1979), residing in Hamlet 9, Quynh Thanh Commune, Quynh Luu, the driver of the pickup truck with license plate 37C - 258.60 carrying 13 monkeys and 2 langurs, fought back fiercely, driving straight into the police car to escape. When surrounded by the police, the subjects locked the doors in the car, forcing the police to break the glass to control and arrest them.

According to statistics from the Provincial Police, in the first 6 months of 2019, there were 11 cases of resisting law enforcement officers involving 14 subjects, including 9 cases against the police force.

Need strong enough sanctions

It can be seen that the behavior of resisting law enforcement officers is increasingly increasing in terms of crime level. Not only are the words insulting and abusive, but the level of behavior is also becoming more dangerous and reckless, such as using weapons, driving cars and motorbikes into law enforcement officers.

Reflecting this situation, at a meeting with the Provincial People's Council's Legal Committee on handling traffic accidents and administrative violations in the field of traffic in the area, Lieutenant Colonel Hoang Duy Ha - Deputy Head of Vinh City Police, said: In 2017 and 2018, the city prosecuted 12 cases and 17 subjects resisting law enforcement officers.

However, the situation of resisting law enforcement officers during patrolling, controlling, and handling administrative violations in the field of traffic in Vinh city still occurs.

Talking to us, Lieutenant Colonel Nguyen Nam Hong - Deputy Head of the Provincial Traffic 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 who are hooligans or have used alcohol before so they cannot control their behavior.

In addition, the sanctions for this behavior are not strong enough to deter, which is also one of the reasons leading to the increase in the level of acts against law enforcement officers.

It is easy to see that the starting penalty of non-custodial reform is not commensurate with the current state of acts of resisting law enforcement officers. For example, driving into a police officer is a dangerous act that the subject knows in advance could lead to death but still deliberately commits.

Therefore, this case must be handled seriously and a public trial must be held to set an example for other subjects.

Quynh Luu district police control a drunk driver driving a motorbike. Photo: Xuan Bay

Therefore, recently, the Provincial Police have directed local police to deploy solutions to prevent and combat crimes against law enforcement officers.

In particular, in 2018, the Provincial Police Party Committee issued Resolution No. 11-NQ/DUCA on improving the effectiveness of the fight against crimes and violations of the law on resisting law enforcement officers, with key solutions such as:

Strengthening the propaganda, dissemination and education of people on legal policies and sanctions for acts of resisting law enforcement officers; 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, supervising, supporting and helping the police force to fulfill its tasks well.

In addition, regularly organize training courses to improve professional qualifications, skills; behavioral skills, methods of mobilizing, persuading, and dialogue with the people for police officers and soldiers at all levels to meet work requirements, contributing to limiting the causes and conditions that give rise to crimes against people performing official duties...

However, according to Dr. Lawyer Nguyen Trong Hai - Trong Hai and Associates Law Firm: Currently, the number of cases of crimes against people performing official duties being tried is high, but the propaganda, education, prevention and deterrence are not high, partly because the punishment is not really strict.

Therefore, the authorities need to study increasing the penalty for acts of resisting law enforcement officers compared to current regulations to suppress criminals, in order to ensure the strictness of the law.

The crime of resisting a person performing official duties is regulated in Article 330 of the 2015 Penal Code: Anyone who uses force, threatens to use force or uses other tricks to prevent a person performing official duties 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 a crime in one of the following cases: Organized; committing the crime 2 times or more; inciting, enticing, or provoking others to commit a crime; causing property damage of VND 50,000,000 or more; dangerous recidivism, shall be punished with imprisonment from 2 to 7 years.