How to handle the crime of the Mercedes driver chasing and killing people in Phan Thiet?

On the afternoon of May 12, Pham Van Nam (SN 1979, hometown of Ninh Binh) went to the Criminal Police Department of Binh Thuan Province Police to surrender. This is the suspect who drove a Mercedes to crash Mr. Ha Xuan H. (SN 1979, living in Phan Thiet City, Binh Thuan) died at dawn on the same day.

Male subject at the police station.

At the police station, Pham Van Nam said, on the evening of May 11, Nam and 3 friends went to eat and drink at a restaurant in Phu Thuy ward, Phan Thiet city. At about 0:15 am on May 12, Nam and a group of friends went to Pham Van Dong Street (Phan Thiet embankment area) to continue eating.

On the way, the group’s car almost collided with a motorbike in the same direction ahead. Because the incident has not happened, this car continued to run to the restaurant in the area of ​​​​Phan Thiet embankment. When he stopped the car in front of the restaurant, Nam’s group was caught up by motorbike riders, using tables, chairs, cups and glasses to attack.

Nam escaped and got into a car, drove the car around and crashed into a group of motorcyclists, killing Mr. H. on the spot. After that, Nam left the scene and returned to Ho Chi Minh City.

On the morning of May 12, Nam actively contacted the Binh Thuan Provincial Police to present himself. The recorded camera image also shows that when the car just pulled into the pub, a group of motorbikes arrived, then the two sides argued and fought. Pham Van Nam got into the driver’s car and hit the other group’s motorbike and drove the car to the side of the road, turning around to chase. Some men grabbed glasses and threw them into cars.

The crime scene area.

Talking to PV Infonet about the above case, lawyer Hoang Tung – Head of the Trung Hoa Legal Office (Hanoi) said: “According to Article 5 of the Law on Prevention of Harmful Effects of Alcohol and Beer, it is strictly forbidden to drive a vehicle. traffic in which there is alcohol in the blood or breath.

According to Nam’s initial testimony, the subject had been drinking with friends before. Although there is no conclusion of the police investigation, the hypothesis that Nam uses alcohol when driving a vehicle in traffic is grounded. The behavior of the male subject driving a vehicle after using alcohol is determined to be a violation of the law.

“On the way to the next drinking place, the car driven by Nam nearly caused a collision with a motorbike traveling in the same direction in front. Although there has been no loss of life and property, this incident shows that the subject’s ability to react and control the steering wheel may have been affected by alcohol or beer.

The most common thing in people who use too much alcohol, beer leads to loss of self-control, loss of orientation, loss of motor control. They suffer from hallucinations, delusions that they are threatened and harmed by people around them, often have feelings of insecurity, anxiety, anger, even cruel thoughts, actions, and behavior. beyond common sense”.

From the above grounds, lawyer Hoang Tung analyzed: “The illegal behavior of the male subject is shown as a direct intentional fault, causing insecurity and order, infringing on traffic safety, trespassing. human life. For this act, the male subject can be examined for penal liability for murder according to article 123 of the 2015 Penal Code.

Because, when Nam and his friends were chased and beaten by other subjects, the subject could drive away, but deliberately performed the act of driving around, crashing into the pursuing group and causing an accident that caused him to crash. Mr. H died on the spot.

This is extremely condemnable behavior because it shows the “madness” of the subject. The behavior reveals thugs, cruelty, disregard for human life, regardless of the consequences to show more or less. Not only that, when causing a fatal accident, the subject hurriedly fled the scene to avoid responsibility without saving Mr. H.

It is important to clarify whether the person who died is Mr. H in the group pursuing the subject or not in determining the motive and purpose of the subject’s behavior.

According to Article 13 of the 2015 Penal Code, offenders who have lost the ability to perceive or control their behavior due to the use of alcohol, beer or other strong stimulants will still have to bear criminal responsibility. .

Drinking alcohol is identified as a framing or aggravating circumstance in a number of crimes in the Penal Code such as the crime of violating the regulations on participating in road traffic (Article 260). However, for this case, subject Nam may be prosecuted for a higher crime than Murder, the subject’s thug murder is determined to be an aggravating circumstance. for this crime”.

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