30/03/2023 10:14

Collection of judgments on penalties for burning firecrackers on Tet holiday in Vietnam

Collection of judgments on penalties for burning firecrackers on Tet holiday in Vietnam

I would like some judgments on penalties for burning firecrackers on Tet holiday in Vietnam. Thank you!" _ Mr. Tuan (Hanoi, Vietnam)

Hello, for your request, Lawnet would like to send you some judgments on the criminal handling of typical acts of using fireworks on Tet holiday in Vietnam:

1. Judgment on public disorder No. 35/2022/HSST

- Level of trial: First instance.

- Judicial body: People's Court of Truc Ninh district, Nam Dinh province.

- Quoted content: "T came up with the idea of taking the purchased fireworks and burning them. T went to the mezzanine to see the fireworks explode and then went to the area of the main street of the V residential group. T put the exploding fireworks on the curb adjacent to the irrigation ditch, opposite Mr. L's house, and then took 02 marble bricks available at the curb and inserted them on both sides of the artillery rig. After that, T took T's red gas lighter out of his pocket and ignited the slow-burning wire on the bottom edge of the turret, then went home. Just a few meters away, the artillery turret exploded. In turn, each cannon in the artillery rig is detonated and launched about 30m above the ground, forming a light spot and hissing sound, then emitting a "bang, bang" explosion, forming a beam of colorful light rays. The shell of each cannon was torn into many small pieces and scattered on the road. At this time, Mr. L and Mr. H were drinking water in the house, and many people around the area heard the sound of firecrackers and ran to see. T also stood about 3 meters from the artillery rig to watch the fireworks explode. About 1 minute later, 36 cannons in the artillery rig exploded. Right after that, the police force summoned Nguyen Van T to the headquarters to work."

- Results of settlement: Sentencing defendant Nguyen Van T to 9 months in prison, but giving him a suspended sentence.

2. Judgment 29/2017/HSPT dated 17/07/2017 on charges of disturbing public order

- Level of trial: Appellate.

- Judicial body: People's Court of Son La province.

- Quoted content: "Around 5:00 p.m. on January 27, 2017, T brought 09 artillery pieces to the rooftop of the hotel, placed the artillery rigs on a table waiting for New Year's Eve to burn. At 00 o'clock on January 28, 2017, T alone went to the rooftop to use a gas lighter to burn 9 artillery pieces when the firecrackers exploded into the sky, emitting a loud explosion, and he was caught by the MC District Police Task Force. ."

- Results of settlement: Cancel the first-instance criminal judgment No: 87/2017/HSST dated April 4, 2017 of the People's Court of MC district, Son La province.

3. Judgment on disturbing public order No. 465/2022/HS-PT

- Level of trial: Appellate.

- Judicial body: High People's Court in Hanoi.

- Quoted content: "Around 18:00 on February 14, 2021 (ie, the 3rd day of the New Year of the Ox), at the family of Mr. Nguyen Van S, he invited relatives and friends to organize a food festival. At about 20 o'clock on the same day, when everyone was eating, Nguyen Ngoc T went out. When going to Mr. S's gate, Tuan saw 02 fireworks exploding and 02 firecracker wheels, each about 3 to 4 meters long, left on the street. He used a lighter to light it, lit the pyrotechnics platform, causing the firecracker to shoot towards the sky and explode. When the fireworks platform finished exploding, T continued to hang a firecracker wheel on the wall outside Mr. S's gate and light it on fire. When he saw T set off firecrackers, Nguyen Tat H went from the inside out, holding the remaining one wheel of firecrackers scattered from the edge of the road to Mr. S's gate, and lit the firecracker. At this time, Mr. Tran Duc T3, born in 1993, lived in sub-zone N, town K1, district T4, province H1 and was watching fireworks nearby. He used a white iPhone 11 Pro Max branded mobile phone to film the fireworks scene. and live streamed the incident on his Facebook account "T3Tang".

- Results of settlement: Penalized Nguyen Ngoc T for 9 months in prison, but given a suspended sentence.

4. Judgment on the crime of disturbing public order No. 04/2022/HS-PT

- Level of trial: Appellate.

- Quoted content: "Around 00:15 on February 12, 2021, Nguyen Ngoc A was driving a family car with license plate number 62L-639x, carrying Nguyen Ngoc M (A's uncle); Nguyen Ngoc T (A's grandson), and Nguyen Thi Vinh T; and Nguyen Thien B (who is Â's wife and child) went to the cemetery in Hamlet R, Commune S, District C, Dong Nai Province, to light incense for him and her on the occasion of the Lunar New Year 2021. Before leaving,  brought 10 football-shaped cannons (according to Â's testimony, this is a type of firecracker) ordered by  on social networks (unknown seller). At the cemetery, after burning incense, Â, M and T took out 6 firecrackers to burn, leaving the remaining 4 cannons in the car, and then returning home. When going to the section of provincial road 765, belonging to U Hamlet, S commune, and district C; and seeing that many people were lighting fires in front of the roadside house, to welcome New Year's Eve, defendant  invited defendants M and T, took the remaining firecrackers and threw them on the street for fun, and then M and T agreed. Defendant T took out a firecracker and gave it to M. M used a lighter to ignite the first firecracker thrown from the car door into the street. On the second firecracker, M burned and threw it at a group of people standing by the roadside, causing Mr. Nguyen Hung P and Mr. Thach Kim H, who live in Hamlet U, Commune S, District C, Dong Nai Province, to suffer minor injuries in the area. legs and arms."

- Results of settlement:  Sentencing defendant Nguyen Ngoc A to 8 months in prison for the crime of "disturbing public order".

5. Judgment 296/2019/HSST dated 15/07/2019 for causing public disorder in Vietnam

- Level of trial: First instance.

- Judicial body: People's Court of Vinh city, Nghe An province.

- Quoted content: "At 00 o'clock on February 5, 2019 (ie the 1st day of the Lunar New Year, Ky Hoi in 2019), in front of house 10, Ly Thuong Kiet street, block 08, Le Loi ward, Vinh city, Nghe An, Nguyen Quoc Th had committed the act of setting off firecrackers and throwing them on the street when he was caught by the police task force of Le Loi ward, Vinh City, on duty to ensure information security. Nguyen Quoc Th's act of setting off firecrackers has adversely affected security, public order and social safety."

- Results of settlement: Sentencing defendant Nguyen Quoc Th to 3 months in prison but suspended sentence.

Nguyen Sang

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