In the middle of the night, breaking into people’s houses and slapping the woman, the deputy head of the ward police station is responsible for the crime of intentionally causing injury?
According to the lawyer, if the investigation results show that the arrest is illegal, and Song Bang ward officials do not perform their official duties, then Mr. Doan’s behavior can be determined as intentional injury. .
On the morning of 5/5, discuss with PV InfonetColonel Vu Hong Quang, Director of Cao Bang Provincial Police said: “Cao Bang City Police Agency has verified the case of Deputy Chief of Police of Song Bang Ward beating a woman and directed the arrest of the person in the police station. night in De Tham ward.
|The act of beating a woman by the Deputy Head of the Song Bang ward police station.|
Talking about the above case, lawyer Hoang Tung – Head of the Trung Hoa Law Enforcement Office (Hanoi) said: “To promptly prevent crimes or when there are grounds to prove that the accused person will make it difficult to investigate. , prosecute, adjudicate or continue to commit a crime or to secure the execution of a judgment, the agency or person competent to conduct proceedings within its competence may apply preventive measures: in case of emergency, arrest, custody, temporary detention, guarantee, deposit of money for security, ban from leaving the place of residence, temporary suspension of exit.
As for arresting people as a strictly coercive deterrent, arresting people must necessarily comply with the strict bases, order and procedures prescribed by law.
According to Clause 3, Article 113 of the 2015 Criminal Procedure Code, the measure of arrest is a deterrent measure in criminal proceedings applied to the accused, defendants, wanted persons and in case of emergency or crime. Redemption crimes shall be applied to persons who have not been criminally prosecuted in order to promptly prevent their criminal acts, prevent them from evading the law, and create favorable conditions for the investigation, prosecution and trial. trial and execution of criminal judgments.
People are not allowed to be arrested at night, except in the case of red-handed crimes or arresting people who are wanted.
Human rights and citizens’ inalienable rights to the body are two of the most valuable rights protected by law, strictly regulated in the Criminal Procedure Code, to create the basis for legal activities. arresting people in accordance with reality, avoiding arbitrary application of the measure of arresting people, leading to wrongful arrest of innocent people, improper arrest procedures, and illegal arrest.
The measure of coercive arrest is essentially a coercive measure, directly affecting the physical freedom of citizens, but is not intended to infringe on their body as a punishment for their behavior. but only to prevent crime from taking place and limit the danger to society. Therefore, the procedure-conducting agency must not infringe upon the honor and dignity of the arrested person.”
|Not only hit once, but the Deputy Chief of the Song Bang ward police also hit twice.|
Regarding the case of arresting people in De Tham ward, Cao Bang city by Mr. Dang Dinh Doan, lawyer Hoang Tung said: “The act of arresting people by police officers of Song Bang ward shows signs of breaking the law.
The time to arrest people is determined to be 23 hours, so it is necessary to clarify whether this arrest has followed the regulations or not? Is it in the case of being arrested at night? Because in the process of conducting, agencies and persons competent to conduct proceedings need to have necessary documents and evidences to prove that the arrested person is the subject of application of the arrest measure.
The conclusion of the investigation on the arrest of people in this case is the basis for determining the responsibility for the act of beating people of the Deputy Chief of the Song Bang ward Police. The beating behavior of Deputy Chief of Police of Song Bang Ward directly infringes on the rights to life, health, honor and dignity of a woman protected by law, deserves criticism and shows a lack of guests. important and weak in the profession of this officer”.
From the above point of view, lawyer Hoang Tung stated that, if the investigation results show that the arrest is illegal, the officers of Song Bang ward do not perform their official duties, the act of the Deputy The Chief of Police of Song Bang Ward can be identified as the act of intentionally causing injury or harm to the health of others.
Based on the damage to the woman’s health and the nature of the act of hitting people, this officer may be administratively handled or may be held criminally responsible for the crime of intentionally causing injury or causing harm. harming the health of others according to Article 134 of the 2015 Penal Code.
Regarding this incident, this morning (May 5), according to information from Cao Bang City Police, Cao Bang Province, at about 22:30 on April 28, Mr. Dang Dinh Doan, Deputy Chief of Police of Song Bang Ward , on duty at the headquarters, he received a message from Mr. Nguyen Van Manh, a doctor of 103 Cao Bang Hospital, about being harassed and threatened by a man named Nam.
Then, Mr. Manh asked Mr. Doan – Deputy Chief of the Police of Song Bang Ward for help and went to My Hair Salon (in De Tham ward) to meet Nam.
In the process of working with the police, Mr. Manh and Mr. Doan said that they had a relationship before, so Mr. Doan directed a ward police officer to take a private car to pick up Dr. Manh and then together. to Mr. Nam’s barber shop.
At the barber shop, Mr. Doan asked Mr. Nam to go to the De Tham ward police office to work, but the man did not agree. The two sides quarreled and clashed. Right after that, Mr. Doan said before the attitude of the group of people at the scene that he lacked restraint, slapped Ms. Trieu Mui Khe and Mr. Phung Duc Nam on the head.
After that, the De Tham ward police working group came to intervene and made a record of the incident. On the morning of April 29, De Tham ward police invited the two sides to the headquarters to work and got the consent of the parties to reconcile.
Cao Bang Provincial Police assessed that Mr. Dang Dinh Doan had committed a number of violations of the working process and code of conduct of the police force. The deputy head of the ward police station lacks restraint, has acts of infringing upon citizens’ health, seriously affecting the honor and reputation of the police force and needs to be strictly handled.
Cao Bang Provincial Police requested the leadership of Cao Bang City Police to continue verifying and implementing the process of disciplinary review with Mr. Doan, reporting before May 10.
Colonel Nong Van Kien, Director of Cao Bang City Police affirmed that there will be strict sanctions against Mr. Dang Dinh Doan. Besides, Colonel Kien also said that he would clarify the details of the doctor at 103 Cao Bang Hospital who called and asked Ms. Khe to go to the doctor at night. “We will clarify all details to understand the nature of the case. If there is a violation, we will handle it,” Colonel Kien said.
at Blogtuan.info – Source: infonet.vietnamnet.vn – Read the original article here