What are penalties for the crime of disturbing public order in Vietnam? What are some judgments related to this case?

Hello, Lawnet would like to respond as follows:

1. What are penalties for the crime of disturbing public order in Vietnam?

Disturbing public order is an act that seriously violates the law, affecting public order and safety.

A person who disturbs public order in public places may be prosecuted with the crime of "Disturbing Public Order" under Article 318 of the 2015 Criminal Code (amended and supplemented in 2017):

Basic penalties:

A fine ranging from 5,000,000 VND to 50,000,000 VND, community sentence for up to 2 years, or imprisonment for 3 months to 2 years: Anyone who disturbs public order, adversely affecting security, order, and social safety, or has been administratively sanctioned for this act or has been convicted of this crime and has not been cleared of the conviction but still commits violations.

Aggravated Circumstances:

Imprisonment from 2 to 7 years for committing the crime under one of the following circumstances:

+ Organized offenses;

+ Using weapons, dangerous instruments, or committing acts of vandalism;

+ Seriously obstructing traffic or causing public service delays;

+ Inciting others to cause disorder;

+ Assaulting persons intervening to protect public order;

+ Dangerous recidivism.

Thus, disturbing public order is a violation of law that seriously affects public order and safety.

According to Vietnam’s Criminal Law, a person committing this act may be fined from 5 to 50 million VND, community sentence for up to 2 years, or imprisoned for 3 months to 2 years. The penalties can be from 2 to 7 years of imprisonment if it falls under aggravated circumstances, such as being organized, using weapons, seriously obstructing traffic, assaulting those resolving the incident, etc.

2. What are some judgments related to the crime of disturbing public order in Vietnam?

Judgment on the crime of disturbing public order No. 30/2021/HS-ST

- Level of trial: First instance

- Trial agency: People's Court of Sam Son City, Thanh Hoa Province

- Excerpt: “Vu Dinh V picked up an inox chair on the street and chased Nguyen Tien T to beat him; V and T's groups went looking, picking up tools like chairs, glass beer bottles, porcelain bowls, and stones, ran out to the street shouting, cursing, chasing, and throwing tools at each other from 9:20 PM to 9:40 PM on November 20, 2020, on Tran Nhan T Street in front of the "Ngan Quan" restaurant, causing disorderly public order.“

Judgment on the crime of disturbing public order No. 49/2021/HS-ST

- Level of trial: First instance

- Trial agency: People's Court of Ha Dong District, Hanoi City

- Excerpt: “At about 5:30 PM on June 12, 2020, H texted Mr. Nguyen Dinh Tr to ask for the phone number to meet D and resolve a conflict. Mr. Tr said he would handle the matter and arranged to meet H at 9:30 PM the same day to talk. Subsequently, H prepared weapons, including 07 iron tubes attached with knives and bayonets, placed in a sack, and hid near the foot of the dyke close to Yen N Ward Health Station, ready for action. The culprits wore masks to cover their faces, concealed vehicle license plates, wore red scarves to avoid confusion, carried weapons such as iron tubes attached with knives and bayonets, and rode numerous motorbikes in a group. On the way, they honked the motorbikes' horns, scraped the weapons on the road surface, causing uproar, and disturbing the public order in a densely populated area.”

Judgment on the crime of disturbing public order No. 59/2021/HS-PT

- Level of trial: Appellate

- Trial agency: People's Court of Quang Binh Province

- Excerpt: “At about 10 PM on August 12, 2020, at Beer Bar 7 in Quang Th commune, Q district, a conflict broke out between some people from Quang Th commune, Q district, and some people from Quang L commune, Q district, who were drinking at the bar. Both sides began to argue using uncivil language, then used the beer glasses they were drinking from to throw and used knives to fight each other, causing disorder at the bar for over 15 minutes, with more than 20 people present at the bar, affecting public security in the area.”

Respectfully!

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