Inciting Others to Disturb Public Order: Is It Punishable by Imprisonment?

Based on Point d Clause 2 Article 318 of the 2015 Penal Code stipulating the crime of disturbing public order as follows:

Any person who disturbs public order adversely affecting security, order, social safety, or who has been administratively sanctioned for this behavior or has been convicted of this crime, without having their criminal record expunged, and still violates, shall be subject to a fine ranging from VND 5,000,000 to VND 50,000,000, non-custodial reform for up to 02 years, or imprisonment from 03 months to 02 years.

If the crime falls into one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years: "Inciting others to cause disorder."

Thus, depending on the nature and extent, administrative or criminal penalties may be imposed. However, from a criminal perspective, although the person did not directly participate, their act of inciting others to commit it is considered an aggravating circumstance and they must bear criminal responsibility for this act.

Sincerely!