‘Blocking the way to catch robbers, dividing the line between justice and crime’

Through the camera system, on the afternoon of May 20, the security team of Phu My Hung urban area, district 7, discovered two young men on motorbikes snatching pedestrians’ phones and then ran to Nguyen Van Linh street. Identification information of the two suspects was reported to the security guards in that area, about 2 km from the scene. The four guards then were pull barie in the way intersection Nguyen Van Linh – Nguyen Luong Bang to catch loose. When the suspects arrived on motorbikes at high speed, the bars were pulled closed, blocking the road, causing them to fall and be thrown many meters away. The security group divided to control the robbery suspect and handed over to the police.

Reply VnExpressAccording to a representative of the Management Board of Phu My Hung urban area, to ensure security and order in the area, a system of 2,800 security cameras has been installed throughout the roads and residential areas in order to early detect traffic. breaking the law to prevent. The urban security team is also trained to handle many emergency situations and must ensure the safety of the people. However, blocking and arresting robbers with baries is a spontaneous action of the security team. These bars are only used for traffic separation purposes in urban areas.

“The security guards pulled the barie out in the middle of the road to make the two suspects slow down, or stop the car. When they approached, the guards shouted ‘stop’ many times, but they intentionally passed, hit the barie. This is an unintended thing,” said a representative of the Urban Area Management Board.

Protect the urban area, block the road, catch robbers

According to lawyer Vo Dan (Director of Ta Pha Law Firm), catching robbers is a brave act, very welcome and permitted by law in Clause 1, Article 111 of the Criminal Procedure Code: for a person who is committing a crime or is discovered or chased immediately after committing a crime, any person has the right to arrest and immediately deliver the arrested person to a police agency, procuracy or commission. People’s Committee nearest place…. Thus, not only those on duty but also the people, including the security forces, can still participate in coordination and chase criminals if the offenders are found red-handed.

However, according to Mr. Dan, the way Phu My Hung guards pull baries to block a busy road to catch robbers can endanger the lives of suspects, road users, even the government. the guards. Because through the camera, the security guards know that robbers are running at very high speed, it must be realized that the act of pulling the barie to block the way of escape of these people can lead to an accident, causing serious injury or death. Therefore, if fatal consequences occur, the defenders may be prosecuted for criminal liability Accidental murder according to Article 128 of the 2015 Penal Code.

“People participating in catching robbers need to be alert and consider giving optimal solutions to avoid being entangled in labor. Because the line between publicity and crime in this case is very fragile,” said Mr. Mach.

With the same opinion, lawyer Nguyen Huu The Trach (Ho Chi Minh City Bar Association) assessed that the spirit of catching robbers of the guards is worth replicating, the purpose of using baries to block the road to force robbers to slow down to catch them is the purpose. good. However, when the robber intentionally crossed the gap to escape and the security guard continued to push the two baries to block it so that the robber crashed straight into it with great force and fell on the road, it was very dangerous.

“Suppose a robber crashes into the barie and has an accident resulting in casualties, the guard will be considered for criminal prosecution due to beyond the requirements of the emergency according to Clause 2, Article 23 of the Penal Code”, Mr. Trach stated.

According to the law, acts of causing damage in urgent situation (causing less damage than the damage to be prevented) is not a crime, but is usually reserved for property damage. In the case of “the guard pulled the barie to block the way for the robber to hit him”, it is not emergency situation, Not the only way to get caught. Thus, when a robbery suspect suffers loss of health or life, the guards may be criminally responsible because “the damage caused clearly exceeds the requirements of the emergency situation”.

According to Lawyer Trach, any citizen has the right to arrest robbers upon detection, but the law does not specify any acts and limits when catching robbers. Therefore, people must think about their own safety and those around them.

“Before taking action, people need to consider what consequences can happen in preventing crime. Don’t let the job come from the original good purpose but you get entangled in the labor cycle, it’s a pity and lose the meaning of fighting against crime”, Mr. Trach said.

Thao Mi – Dinh Vui