Grounds for handling deputy police officers of the ward even though the two sides have reconciled

According to the lawyer, because the applicable crimes are not in the group that requires the prosecution of the victim, the conciliation results are not valid in solving the criminal case.

On the evening of April 28, Ms. MK (in Cao Bang City) and her boyfriend went to Mr. D.K.’s barber shop. in De Tham ward, Cao Bang city. After that, Deputy police Song Bang Ward and 2 other people came here by car and asked a person wearing a police uniform to arrest Ms. K.’s boyfriend.

The camera recorded footage of ward officials at midnight coming to the house to arrest people and beat women At midnight, a group of people believed to be ward officers and police in Cao Bang City went to a resident’s house to demand arrest and then clashed with women. The provincial police are verifying and clarifying the incident.

When the woman reacted, the two sides clashed. The ward deputy police officer’s group then left when the local police arrived at the scene. According to the police chief of De Tham ward, the two sides agreed to make peace.

However, the leader of Cao Bang City Police said that he will still strictly handle the behavior of the deputy police officer of Song Bang ward, the handling will not be affected by the decision to reconcile.

According to the law, if the two sides have reconciled, can the police continue to solve the case?

Grounds for handling deputy ward police even though the two sides reconciled-1
The person wearing white clothes is the deputy police officer of Song Bang ward. Photo: Cut from clip.

Lawyer Dang Van Cuong (Head of Chinh Phap Law Office) said that the behavior of the deputy police officer of the ward showed signs of the crime of illegally arresting, detaining or detaining people under Article 157 of the Penal Code 2015.

For further analysis, Mr. Cuong said this crime will apply to those who commit the crime of threatening, mentally intimidating, using force to force victims out of their residence or workplace. them or commit other acts of infringing upon the body, unlawfully depriving citizens of their right to freedom of body.

Even if the person performing the act fails to arrest and hold the victim, the lawyer thinks that they can still be handled for this crime.

As for lawyer Nguyen Van Quyet (Hanoi Bar Association), he said that with the fact that the deputy police officer of the ward is a special subject, who has positions and powers, this person can be handled according to Article 2 of this Law. 157 Penal Code 2015 with framing circumstances to abuse positions and powers or according to Article 337 of the 2015 Penal Code for the crime of abusing positions and powers to illegally imprison or detain people.

The penalty frame applied under Article 157 is 2-7 years in prison while under Article 337, the penalty frame applied will be imprisonment from 6 months to 3 years.

According to Official Letter No. 233/TANDTC-PC of the Supreme People’s Court, in case a person commits an act but satisfies the sign of constituting multiple crimes, he/she will be examined for penal liability for a heavier crime.

Talking about the two sides agreeing to mediation, lawyer Quyet said that based on the 2015 Criminal Procedure Code, the conciliation results are not valid in whether to prosecute a criminal case in this case or not.

“According to Article 157 of the Criminal Procedure Code 2015, the crimes specified in Clause 8 of this Article that the victim or the victim’s representative does not request to prosecute will not be prosecuted. not guilty of crimes specified in Articles 157 and 337 of the Penal Code 2015. Therefore, the conciliation results are not valid in resolving this case”, Mr. Quyet analyzed.

In addition, the lawyer also said that it is necessary to clarify the role of the doctor accompanying the group of the ward deputy police because according to available information, this is the originator of the case. In case of criminal handling, this person may also be prosecuted as an accomplice to actively support the deputy police officer of the ward.

According to Zing

You are reading the article Grounds for handling deputy police officers of the ward even though the two sides have reconciled
at Blogtuan.info – Source: 2sao.vn – Read the original article here

Back to top button