Can the traffic police force use force to suppress traffic violators?
The lawyer said that traffic police are allowed to use force to suppress violators in certain cases.
Regarding a traffic policeman who acted on his knee, fell and used his foot to kick a young man at the intersection of Vo Van Kiet – Ky Con (in District 1, Ho Chi Minh City), HCMC Traffic Police Department It was reported that the violator intentionally increased the gas and hit the traffic policeman, forcing the traffic policeman to pull and knock the young man down the street.
The incident made many people wonder: “Can the traffic police use force to suppress violators? If they can use force, in what cases?”.
Image of traffic police of Ho Chi Minh City police controlling violators (photo cut from clip)
On April 27, talking with Reporter of Traffic Newspaper, Doctor, lawyer Dang Van Cuong, Head of Chinh Phap Law Office (Hanoi City Lawyer’s Section) said: Clause 3, Article 5 of Circular 01/2016/ TT-BCA on the powers of officers performing the task of patrolling and controlling road traffic, regulates that traffic police have the right to stop road vehicles; control papers of vehicles and traffic participants; sanction administrative violations in the field they are in charge of or use of weapons, supporting tools and means and technical equipment according to the provisions of law.
The Circular does not stipulate that traffic police have the right to hit violators or use force against violators.
However, Decree 208/2013/ND-CP clearly stipulates that, while on duty, if they encounter opposition, the law enforcer should explain to the violator the mistake they have made, request an immediate termination of the act. Because. If they do not comply, law enforcement officers may use arrest or coercion.
If the subject is found to be so aggressive that it can threaten his life, the traffic police are allowed to use supporting tools or martial arts to control the subject. The ultimate goal is just to control the object, not damage.
In case of being attacked with military weapons or rudimentary weapons, directly threatening the life and health of law enforcement officers, other people or possibly causing other particularly serious consequences. then the traffic police can immediately use force, supporting tools and professional technical means and equipment to defend, control and arrest the protesters. Regulations of the Ordinance on Management and Use of Firearms, Explosives and Support Tools”, added lawyer Cuong.
Video: Traffic police control motorcyclists to turn left onto Ky Con street
With the driver acting against the law enforcement officer, lawyer Cuong said, this driver may face administrative or criminal sanctions.
Article 257 of the Penal Code stipulates: Those who use force, threaten to use force or use other tricks to hinder official duty performers from performing their duties or force them to perform illegal acts. , shall be sentenced to non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
If not to the point of criminal prosecution, violators will be sanctioned according to Article 20 of Decree 167/2013/ND-CP: A fine of 2 – 3 million dong for the act of “making threatening or abusive words or actions. , offending the honor and dignity of official duty performers; A fine of 3 – 5 million dong for the act of “Using force or threatening to use force against an official on duty”.
According to the report of the Ben Thanh Traffic Police Team, the Road and Railway Traffic Police Department of the Ho Chi Minh City Police Department, on April 26, Captain Tran Xuan Chinh was on duty to command and control traffic at the Vo Van Kiet – Ky Con intersection. , District 1, HCMC. There is a sign here prohibiting all vehicles from turning left and turning onto Ky Con street, and most vehicles strictly obey it. However, a man driving a motorbike with license plate number 67FH-5533 deliberately did not comply and continued to turn left onto Ky Con Street. Captain Chinh reminded, but this person did not comply, so the traffic police officer drove a special motorcycle to stop the vehicle at the corner of the Ky Con – Vo Van Kiet intersection. The traffic police reported the violation and asked the man to present documents related to the person and vehicle to control, but this person did not comply, deliberately increased the gas and ran away. At this time, Captain Chinh stood in front of the car and asked to obey, but this person continued to ram the gas and rammed the traffic policeman. The traffic police captain had to pull and knock the motorbike driver 67FH-5533 down the road and contacted for the support of the patrol and control team to come to work. The motorbike driver 67FH-5533 presented that he had an urgent family business, so he could not control himself, lost his temper leading to inappropriate attitudes and actions with the traffic police force. The motorbike driver 67FH-5533 apologized to Captain Chinh and the working group and asked for sympathy and forgiveness to continue to take care of family matters. After reminding this driver, the Task Force gave it away to take care of family matters. |
at Blogtuan.info – Source: 24h.com.vn – Read the original article here
