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From pretending to be the cause of traffic accidents to save lives: Failure to help the victim can result in imprisonment

Tuesday, March 29, 2022 10:00 AM (GMT+7)

How will passersby see people in traffic accidents but ignore them and do not help the victims?

Recently, the story of driver Nguyen Van Luc (in Hai Duong) traveling on a 5-way road from Hai Phong to Hanoi discovered a young man riding a motorbike in an accident lying motionless on the roadside. Immediately after that, Mr. Luc quickly stopped the car, turned on the warning signal to keep the scene, and protect the accident victim. At the same time, turn on the phone to go live on social networks to get proof that you are not the one who caused the accident and then call on people and passersby to help the victim.

However, the accident happened at night, the road was empty and many people were afraid of collision, so when they passed, they ignored it and did not stop to help. Because he couldn’t ask anyone, Luc had to pretend he was the one who just caused the accident to call someone to help the young man in trouble. After that, the young man was put in the trunk of Mr. Luc’s container truck and taken to the hospital for emergency.

From pretending to be the cause of traffic accidents to save lives: Failure to help the victim can result in imprisonment - 1

The young man who had an accident on Highway 5 was helped by Mr. Luc

Regarding the above incident, in this case the person who ignored the accident victim was not handled and how it was handled, PV had a discussion with a lawyer to clarify this content.

Lawyer Hoang Tung – Trung Hoa Law Office, Hanoi Bar Association, said that people in traffic when having an accident because they are afraid of responsibility, afraid to be involved but avoid, do not help the injured person. problem. Therefore, Mr. Luc’s act of saving lives in an emergency is a noble gesture, full of humanity and extremely respectful.

According to lawyer Tung, for the act of neglecting, not helping the victim not only shows the irresponsibility of the passersby but also due to a lack of understanding of the law. According to Article 38 of the 2008 Road Traffic Law, those present at the scene of the accident are responsible for protecting the scene, helping and treating the victim, immediately reporting to the police. nearest health center or People’s Committee. Protect the property of the victim, provide authentic information about the accident at the request of the competent authority. Drivers of other vehicles, when passing by the place of the accident, are responsible for transporting the victim to the emergency room.

Lawyer Tung also further analyzed, Clause 18, Article 8 of the Law on Road Traffic 2008 prohibits the act of intentionally failing to help people in traffic accidents when there are conditions.

“Individuals who are present at the scene but ignore the victim may be administratively handled for failing to help the accident victim according to Point a, Clause 7, Article 11 of Decree 100 dated 30/30/ December 2019 of the Government. These people will be fined from 500,000 VND to 1,000,000 VND for individuals, from 1,000,000 VND to 2,000,000 VND for organizations,” said lawyer Tung.

In addition, according to lawyer Tung, neglecting to help the victim of an accident leading to the death of the person in the accident may be criminally responsible for the crime of not helping someone in a dangerous situation. according to Article 132 of the Penal Code 2015. The maximum penalty for this crime is up to 7 years; Offenders may also be banned from holding certain posts, practicing certain professions or doing certain jobs from 1 to 5 years.

And lawyer Diep Nang Binh – Head of Tinh Thong Law Office in Hanoi, Ho Chi Minh City Bar Association, said that meeting someone who had a traffic accident and then left, failing to help when requested is a violation of the law. traffic law violations. If there are enough signs to constitute a crime, the above act can also be examined for penal liability.

According to lawyer Binh, saving traffic accident victims is our duty. However, nowadays, besides many examples of good people, good deeds, and hearts for the community, there are also many cases of indifference towards those in distress, or sometimes just fear of responsibility, fear of being implicated. so people abandoned asking for help.

Some people even take advantage of the opportunity to loot, steal, take the property of the victim. That action not only leads to insensitivity and moral corruption in society, but also is considered a violation of the law, which needs to be corrected and overcome in a timely manner.

“In the above case, the fact that driver Luc recorded the scene and then called for help is an action that both protects himself and helps others. As for drivers or people who ignore and do not help the victim, they are violating the law and will be fined at Point a, Clause 7, Article 11 of Decree 100,” said lawyer Binh.

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