Arbitrary Burning of Vehicles is a Violation of the Law!

Recently, the media has reported on an incident where a man set his motorcycle on fire because he could not "request" the Traffic Police (CSGT) to overlook his violation. This is clearly a negative, impulsive, and thoughtless act, not only destroying his own property but also violating the law.

Considering the traffic violation of this man, according to Decree 46/2016/ND-CP, the corresponding penalties for the violation are stipulated as follows:

- A fine ranging from 80,000 VND to 100,000 VND for changing lanes in areas where it is not permitted or without prior signaling;- A fine ranging from 300,000 VND to 400,000 VND for driving not on the right side of the road in the direction of travel, or not following the designated lanes.

Despite acknowledging his violation and accepting his fault, the man did not only disregard the penalty but also sought to exacerbate the situation by attempting to "burn the vehicle."

The act of "burning the vehicle" by this man can be considered a public order disturbance. Consequently, this act can be administratively sanctioned according to the provisions of Decree 167/2013/ND-CP or could be subject to criminal liability under the provisions of the 1999 Criminal Code for the crime of Disturbing Public Order.

Article 245. Crime of disturbing public order

  1. Any person who disturbs public order causing serious consequences, or has been administratively sanctioned for this act or convicted for this crime, without yet being cleared of the conviction, commits it again, shall be fined from one million VND to ten million VND, subject to non-custodial reform for up to two years, or imprisoned from three months to two years.

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At the time of the incident, the man had not complied with the penalty for his traffic violation and further committed the act of "burning the vehicle." This act directly impeded law enforcement officers in the performance of their duties, potentially leading to criminal liability for the crime of Resisting Law Enforcement Officers as stipulated in Article 257 of the Criminal Code as follows:

Article 257. Crime of resisting law enforcement officers

  1. Any person who uses force, threatens to use force or other means to obstruct law enforcement officers from performing their official duties, or coerces them to perform actions against the law, shall be subject to non-custodial reform for up to three years or imprisonment from six months to three years.

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Additionally, in the scenario where the man used a vehicle not owned by him (borrowed, rented, etc.), he could be criminally liable for the crime of Destroying or Deliberately Damaging Property under Article 143 as follows:

Article 143. Crime of destroying or deliberately damaging property

  1. Any person who destroys or deliberately damages the property of another, causing damage of from five hundred thousand VND to less than fifty million VND, or less than five hundred thousand VND but causing serious consequences, or has been administratively sanctioned for this act or convicted for this crime without yet being cleared of the conviction, commits it again, shall be subject to non-custodial reform for up to three years or imprisonment from six months to three years.

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