Insulting Traffic Police: How Much is the Fine? Does Resisting Law Enforcement Officers Constitute a Legal Violation?

1. What is the fine for insulting traffic police officers?

According to Clause 2, Clause 4 Article 21 of Decree 144/2021/ND-CP regulating obstructive or resistant acts against inspections, examinations, controls by law enforcement officers, or bribing law enforcement officers, the following applies:

A fine ranging from 4,000,000 VND to 6,000,000 VND shall be imposed for one of the following acts:

- Obstructing or failing to comply with inspection, examination, or control requests or other duties of law enforcement officers as prescribed by law;- Using words or actions to threaten, insult, or offend the honor or dignity of law enforcement officers;- Organizing, instigating, aiding, dragging, or inciting others to not comply with inspection, examination, or control requests of law enforcement officers.

- Corrective measure: A public apology must be issued for acts of using words or actions to threaten, insult, or offend the honor or dignity of law enforcement officers.

Additionally, Decree 208/2013/ND-CP defines law enforcement officers as officials and public employees, officers, non-commissioned officers, soldiers of the People's Armed Forces assigned by competent authorities to perform duties and powers as prescribed by law and are protected by law to serve the interests of the State, people, and society.

Thus, traffic police officers performing their duties are considered law enforcement officers. However, if your father insulted traffic police officers due to being under the influence of alcohol and losing control, it is deemed as using insulting words that offend the honor and dignity of law enforcement officers. Consequently, he may be fined from 4 million VND to 6 million VND and required to make a public apology.

2. Is resisting law enforcement officers illegal?

According to Article 330 of the Criminal Code 2015 which regulates the crime of resisting law enforcement officers, it is stated as follows:

- Any person who uses force, threatens to use force, or employs other means to obstruct law enforcement officers from performing their duties or compels them to perform illegal acts, shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.

- Committing the crime under one of the following circumstances shall be subject to imprisonment from 2 years to 7 years:

- Organized crime;- Committing the crime twice or more;- Instigating, dragging, or inciting others to commit the crime;- Causing property damage of 50,000,000 VND or more;- Dangerous recidivism.

Thus, any person who commits acts of resistance, threatens to use force, or employs other means to obstruct law enforcement officers from performing their duties, or compels them to perform illegal acts, has violated Article 330 of the Criminal Code 2015.

Respectfully!