The case of the director hitting the vice president of the commune in a critical condition: Is it true to prosecute the act of “against public official?”

Regarding the case of the Vice President of An Thuong commune being severely beaten, on April 18, Hai Duong City Police (Hai Duong province) said that it had prosecuted the accused against Pham Van Tung (38 years old, director of the company). Nam Anh Ltd.) and Nguyen Van Manh (29 years old, an excavator driver, living in Hai Duong city) for the crime of “resisting people on duty”.

Two subjects Tung and Manh were prosecuted by the police.

Talk to PV Infonetlawyer Hoang Tung – Head of the legal office of Trung Hoa (Hanoi) stated that the two suspects should be prosecuted for the crime of “Intentionally causing injury or causing harm to the health of others”.

The lawyer analyzed: “Act against the official on duty and the act of intentionally causing injury to the person on duty or for the reason of the victim’s official duty are both infringing on the official duty performer and the present with an intentional error.

However, acts against law enforcement officers do not cause damage to the lives and health of the law enforcers; and acts of intentionally causing injury to persons on duty or for reasons of official duty of victims, causing loss of life and health to persons on duty.

In case of resisting the official duty performer without causing injury to the victim, the offender shall be examined for penal liability for the crime of resisting the official duty performer. As for the act of causing injury to the victim with a body injury rate of less than 11%, the offender will be examined for penal liability for the crime of intentionally causing injury or causing harm to the health of others, not examine for penal liability for crimes against official duty performers (according to Point k, Clause 1, Article 134 of the Penal Code)”.

Lawyer Hoang Tung said: “Actions of defendant Tung and defendant Manh are acts of direct infringement against law enforcement officers, done with intentional error. The behavior of defendant Tung and defendant Manh caused actual damage to the health of Mr. Hanh and Mr. Tuan Anh.

Specifically, Mr. Hanh suffered a skull fracture on the left temple, a broken tooth, and a broken nose bridge. Mr. Tuan Anh, commune cadastral officer was also injured and had to be treated at home.

Therefore, the acts of defendant Tung and defendant Manh should be prosecuted for the crime of “Intentionally causing injury or causing harm to the health of others” under Article 134 of the Penal Code. Therefore, the authorities should conduct an assessment of the rate of health damage for Mr. Hanh and Mr. Tuan Anh to determine the appropriate penalty frame for this crime.”

Vice Chairman of An Thuong Commune (Hai Duong City, Hai Duong Province) was fractured skull by 2 subjects.

Before that, talk with PV Infonet About the incident, Mr. Nguyen Van Thang, Chairman of An Thuong Commune People’s Committee said: “At about 8:30 pm on April 15, the working group of An Thuong commune led by Mr. Nguyen Van Hanh was on duty at the commercial land. , the service of Ngan Giang HD Petroleum Co., Ltd. was assaulted by a group of subjects.

The incident caused Mr. Hanh to have a skull fracture on his left temple, a broken tooth, a broken nose bridge, while Mr. Nguyen Tuan Anh (a cadastral officer of An Thuong commune) was injured and is being treated at home.

Regarding the cause of the incident, Mr. Nguyen Van Thang shared: “Nan Giang HD Petroleum Company Limited (headquartered in Nam Sach district, Hai Duong) has commercial and service land in Chua Thuong village, An Thuong commune. Recently, Ngan Giang HD Petroleum Co., Ltd hired Nam Anh Transport Co., Ltd. to level this land. But because the area of ​​commercial and service land of Ngan Giang HD Petroleum Co., Ltd is located next to another agricultural land, but the boundary is not clear, the local government has made a record to request this company to stop operating. leveling, setting clear landmarks.

Ngan Giang HD Petroleum Co., Ltd agreed with the proposal of the People’s Committee of An Thuong Commune and informed Nam Anh Transport Co., Ltd. to stop construction, when the new clear boundary is determined. However, Nam Anh Transport Company Limited is still gathering materials and showing signs of leveling.

According to Mr. Thang, Nam Anh Transport Company Limited has about 7-8 trucks of the “tiger mallet” type, so it only takes one night to level the land of the people.

“They haven’t violated it yet, but we have to prevent it, because if they leveled it to the people’s farmland, people’s opinion. The agricultural land of the people is close to the land of Ngan Giang HD Petroleum Co., Ltd. Area. The company’s land is only more than 4,000m2, while the people’s land adjacent to the company’s land is more than 5,000m2. Therefore, we have asked the company to seriously pause, “Mr. Thang informed.

Right on April 15, the government of An Thuong commune set up two working groups to stay on duty at the above land, if there is a leveling activity, it will require a serious pause, when there is a new clear boundary for leveling. .

Working group No. 1, led by Mr. Thang, is on duty from 14:00 to 20:00. Around 2:00 p.m. on April 15, when seeing Nam Anh Transport Co., Ltd. performing leveling, the working group requested a pause and the company stopped.

At about 20:30, shift 2 led by Mr. Nguyen Van Hanh continued to discover that Nam Anh Transport Co., Ltd. had leveled it and asked to stop construction.

“When Mr. Hanh and Mr. Tuan Anh asked Nam Anh Transport Co., Ltd. to seriously stop, they were assaulted and injured by the subjects,” Thang added.

Yen River