22/10/2024 08:17

What are penalties for the crime of resisting a law enforcement officer in performance of his/her official duties in Vietnam? What are judgments related to this issue?

What is the act of resisting a law enforcement officer in performance of his/her official duties in Vietnam? What are penalties for this offense? What are judgments related to the offense?

1. What is the act of resisting a law enforcement officer in performance of his/her official duties in Vietnam?

According to Article 3 of Decree 208/2013/ND-CP, the act of resisting a law enforcement officer in performance of his/her official duties is defined as the act of using force, threatening to use force, or failing to comply with the order and request of a law enforcement officer, or any other action intended to obstruct the law enforcement officer in carrying out the assigned duties or compelling the officer not to carry out the assigned duties.

Here, law enforcement officers are officials and public employees, officers, non-commissioned officers, and soldiers of the people's armed forces who are assigned tasks and powers by a competent agency, organization, or individual in accordance with legal provisions and are protected by law to serve the interests of the State, people, and society.

2. What are penalties for the crime of resisting a law enforcement officer in performance of his/her official duties in Vietnam?

According to Article 330 of the 2015 Criminal Code, the crime of resisting a law enforcement officer in performance of his/her official duties is defined as follows:

Level 1:

Anyone who uses force, threatens to use force, or uses other means to hinder a law enforcement officer from performing their duties, or compels them to perform unlawful acts, shall be subject to community sentence for up to 3 years, or imprisonment from 6 months to 3 years.

Level 2:

Offenders falling into one of the following cases shall be sentenced to imprisonment from 2 to 7 years:

- Organized crime;

- Committing the crime two or more times;

- Inciting, instigating, or encouraging others to commit the crime;

- Causing property damage of 50,000,000 VND or more;

- Dangerous recidivism.

Thus, in cases where acts of resistance against law enforcement officers meet the criteria of a crime, offenders will be prosecuted under the crime of resisting law enforcement, with the highest penalty of up to 7 years in prison.

3. What are judgments related to the act of resisting a law enforcement officer in performance of his/her official duties in Vietnam?

Below are some judgments related to the act of resisting a law enforcement officer in performance of his/her official duties in Vietnam:

No.	Name of the judgment	Date of issue	Court of Appeal
1	Judgment 17/2024/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	April 25, 2024	People's Court of Hong Ngu District, Dong Thap Province
2	Judgment 15/2024/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	April 12, 2024	People's Court of District V, Province G
3	Judgment 04/2024/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	March 25, 2024	People's Court of District V, Province H
4	Judgment 23/2024/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	March 14, 2024	People's Court of Ha Trung District, Thanh Hoa Province
5	Judgment 14/2024/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	July 3, 2024	People's Court of Ly Nhan District, Ha Nam Province
6	Judgment 02/2024/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	January 1, 2024	People's Court of L district, Y province
7	Judgment 08/2024/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	February 19, 2024	People's Court of Tuy Phuoc District, Binh Dinh Province
8	Judgment 01/2024/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	January 18, 2024	People's Court of K district, Ninh Binh province
9	Judgment 04/2024/HS-PT on the crime of resisting a law enforcement officer in performance of his/her official duties	January 16, 2024	People's Court of Bac Ninh Province
10	Judgment 01/2024/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	January 15, 2024	People's Court of N district, T province
11	Judgment 15/2024/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	January 11, 2024	People's Court of Cho Moi District, Bac Kan Province
12	Judgment 924/2023/HS-PT on the crime of resisting a law enforcement officer in performance of his/her official duties	November 12, 2024	High People's Court in Ho Chi Minh City
13	Judgment 52/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	November 28, 2024	People's Court of Song Ma District, Son La Province
14	Verdict 169/2023/HS-PT on the crime of resisting a law enforcement officer in performance of his/her official duties	November 23, 2024	People's Court of Province D
15	Judgment 43/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	November 22, 2024	People's Court of N district, Ninh Thuan province
16	Judgment 139/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	October 31, 2023	People's Court of Tan Binh District, Ho Chi Minh City
17	Judgment 47/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	October 25, 2023	People's Court of My Xuyen District, Soc Trang Province
18	Verdict 181/2023/HS-PT on the crime of resisting a law enforcement officer in performance of his/her official duties	October 25, 2023	People's Court of Binh Dinh Province
19	Verdict 211/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	September 26, 2023	People's Court of RG City, Kien Giang Province
20	Judgment 93/2023/HS-PT on the crime of resisting a law enforcement officer in performance of his/her official duties	September 6, 2023	An Giang Provincial People's Court
21	Judgment 60/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	September 5, 2023	People's Court of Yen S District, Tuyen Quang Province
22	Judgment 43/2023/HS-PT on the crime of resisting a law enforcement officer in performance of his/her official duties	September 5, 2023	People's Court of Ha Nam Province
23	Judgment 47/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	August 22, 2023	People's Court of Bac Quang District, Ha Giang Province
24	Judgment 44/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	August 17, 2023	People's Court of Y district, N province
25	Judgment 49/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	August 10, 2023	People's Court of Mang Thit District, Vinh Long Province
26	Judgment 15/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	July 29, 2023	People's Court of PH district, Phu Yen province
27	Judgment 05/2023/HS-PT on the crime of resisting a law enforcement officer in performance of his/her official duties	July 27, 2023	Military Court of Military Region 7
28	Judgment 24/2023/HS-PT on the crime of resisting a law enforcement officer in performance of his/her official duties	July 21, 2023	People's Court of Ninh Binh Province
29	Judgment 41/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	July 14, 2023	People's Court of Luc Nam District, Bac Giang Province
30	Judgment 38/2023/HS-ST on the crime of resisting a law enforcement officer in performance of his/her official duties	July 12, 2023	People's Court of XX District, Ba Ria - Vung Tau Province

- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn

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