How can the group that assaults the Mercedes driver be handled?

Police of Binh Thuan province has decided to prosecute the accused, arrested and detained Pham Van Nam (43 years old, in Kim Son district, Ninh Binh province) for murder. The decisions are awaiting approval of the Procuracy.

Nam is the driver of a Mercedes with Hanoi license plate, fatally struck at Pham Van Dong embankment road, Phan Thiet city, at dawn on May 12.

Regarding the case, the police also took Nam and his friend to the Binh Thuan Provincial Forensic Center to assess the injury, thereby strengthening the records of handling the people involved in accordance with the law.

After the defendant Nam has been prosecuted, how can the case develop? How can these driver abusers be handled?

There is no basis for exoneration

Lawyer Hoang Trong Giap (Director of Hoang Sa Law Firm) recognized this as an unfortunate incident, stemming from a conflict when participating in traffic between the parties. In this case, both parties are at fault and will be responsible for their actions before the law.

Pham Van Nam. (Photo: B. Thuan)

As for driver Nam, the lawyer acknowledged that the accused was assaulted but managed to escape to get in the car, start the engine and control the car. In this case, the driver is able to control the vehicle away from the aggressive crowd and report it to the police station.

However, Nam did not choose to leave, but drove the car around, rushing into the group of people who assaulted him, resulting in one death. For a person with full awareness and capacity to act, Nam must know that such action can cause fatal consequences but still perform it, ignoring the unfortunate consequences. Therefore, there is a basis for the police agency to prosecute Nam for murder.

“It is difficult to find a basis to convert this driver’s crime from Murder (Article 123) to Murder in a highly agitated mental state (Article 125) of the 2015 Penal Code, even the authorities. ability to consider the act of murder to the end, along with the circumstances of framing the crime by a method capable of killing many people,” said lawyer Giap.

How to deal with the group of people who assault the driver?

In the same opinion, lawyer Luu Kieu Trang (Deputy Director of Ha Trong Dai Law Firm and associates) also said that the murder of the driver was clear. Therefore, it is difficult to have a basis to switch crimes with this person.

For the act of smashing the car, chasing, hitting and assaulting Nam and his friend of the other group, the lawyer assessed that the authorities could separate the case into another criminal case for investigation according to regulations.

The Mercedes is driven by Nam. (Photo cut from clip)

“The functional agency will conduct an injury assessment of Nam and his friend. In case it is determined that both people have an injury rate or one of them has a body injury level of 11% or more, group of people assaulting this driver can be prosecuted for intentionally causing injury under Article 134 of the Penal Code 2015”, lawyer Trang analyzed.

In case two victims have no injuries, this group of people can still be criminally handled for the crime of disturbing public order under Article 318 of the 2015 Penal Code.

Talking about this crime, the lawyer said that public places are places where many people gather such as parks, theaters, train stations, bus stations, on the street… Those who have acts of contempt for public order by words and gestures such as shouting, chasing fights, assaulting others (but not causing injury), inciting others to join in… causing chaos, adversely affecting security and order, Social Security can be prosecuted for this crime.

In addition, the authorities will also assess the extent of property damage to the Mercedes. In case the value of damaged property is determined from 2 million VND or more, the person performing the act may also be further handled for the crime of Destruction or intentional damage to property according to Article 178 of the Penal Code 2015.

According to zingnews.vn