The case of the woman clinging to the car door: Is the Mazda driver criminally handled?

Hanoi authorities are verifying the case of a woman clinging to the door of a car at the 3rd ring road, crossing Thanh Tri bridge and entering National Highway 5 towards Co Linh intersection, Long Bien district, Hanoi.

According to the image returned on the afternoon of May 1, a woman tried to open the side door of the Mazda CX-5 with control plate 89A. However, the driver of the box truck allowed the car to move despite the woman clinging to the door.

After about 10 seconds, the woman lost her hand and fell onto the street, and the Mazda left. With the above behavior, will the car driver be handled?

Following up on the case, lawyer Nguyen Anh Thom, head of Nguyen Anh’s law office, said the Mazda driver’s behavior was dangerous when the driver of the car deliberately increased the throttle, swerved to make the woman fall on the road. endanger life.

“Citizens’ lives and health are protected by law. Any illegal acts of infringing upon other people’s right to life will be strictly handled according to regulations.”lawyer Thom said.

Mr. Thom said that the driver’s behavior showed thugs, aggression, signs of committing murder according to Article 123 of the Penal Code.

“The victim’s death was due to luck, so the crime was not committed as prescribed in Article 15 of the Penal Code.” Lawyer Thom said and said that the driver’s fault in this case is a direct intentional fault, that is, he is well aware that his behavior is dangerous for society, foresees the consequences of that behavior and wants to consequences occur.

Dr. Dang Van Cuong, head of the law office of Chinh Phap, said that the Mazda driver showed signs of intentionally pushing the woman onto the road, even though she was clinging to the car door and would be in danger.

“In case this woman is unlucky and is crushed by a car’s wheel, the driver’s behavior will be determined as a criminal act. killing“, Dr. Cuong commented.

According to Mr. Cuong, the authorities need to verify, work with the driver, clarify the cause of the incident, perception and subjective consciousness of the car driver, and at the same time assess the woman’s injury to have suitable form of treatment.

Dr. said that in case the behavior is determined to be a violation of road traffic regulations, swerve, swerve, move the vehicle from the curb without turning on the signal light, causing serious consequences or situations. can cause serious consequences, the driver may be criminally handled under Clause 5, Article 260 of the Penal Code.

Citing the law, the lawyer said that a person who violates the regulations on road traffic safety that has the actual possibility of causing damage to the life, health or property of others if not allowed to do so. If prevented in time, they shall be subject to a fine of 10-50 million dong, to non-custodial reform for up to 1 year or to a prison term of between 3 months and 1 year.

If the verification results show that the behavior does not have enough grounds for criminal handling, according to Mr. Cuong, car drivers will be administratively sanctioned according to the provisions of Clause 7, Article 5, Decree 100/2019/ND- CP on the behavior of driving the vehicle to swerve and swing. The fine is an administrative fine from 10 to 12 million dong, deprivation of the right to use a driving license for 2-4 months.

According to Zing