Is Scattering Nails on the Highway Subject to Criminal Prosecution?

Depending on the level of danger and the nature of the act of spreading nails, the individual performing the act of spreading nails on the road may be subject to administrative penalties or criminal prosecution in accordance with the law. To be specific: as follows:

1. Case of Administrative Penalties

Point a, Clause 6, Article 11 of Decree 46/2016/ND-CP stipulates:

"A fine ranging from 6,000,000 VND to 8,000,000 VND shall be imposed on individuals who commit one of the following violations:

a) Throwing nails, spreading nails or other sharp objects, spilling lubricant or other slippery substances on the road; stretching ropes or other obstacles across the road causing danger to people and vehicles participating in traffic;"

Thus: According to the above-mentioned regulations, individuals who spread nails on the road shall be fined from 6,000,000 VND to 8,000,000 VND.

In addition, they are required to clean up the nails and restore the original condition that was altered due to the act of spreading nails (Clause 8, Article 11 of Decree 46/2016/ND-CP).

2. Case of Criminal Prosecution

Article 261 of the Criminal Code 2015, as amended by Clause 73 Article 1 of the Law amending the Criminal Code 2017 specifies:

a. Anyone who unlawfully places, leaves, or spills sharp objects obstructing road traffic that causes harm to others under one of the following circumstances shall be fined from 30,000,000 VND to 100,000,000 VND, sentenced to non-custodial reform for up to 3 years or imprisoned from 6 months to 3 years:

- Causing death;

- Causing injury or harm to the health of 1 person with a body injury rate of 61% or more;

- Causing injury or harm to the health of 2 or more people with a total body injury rate of those people from 61% to 121%;

- Causing property damage from 100,000,000 VND to less than 500,000,000 VND.

b. Committing the crime under one of the following circumstances shall be fined from 100,000,000 VND to 300,000,000 VND or imprisoned from 2 years to 7 years:

- On a pass, slope, highway, or dangerous road segment;

- Causing the death of 2 people;

- Causing injury or harm to the health of 2 or more people with a total body injury rate of those people from 122% to 200%;

- Causing property damage from 500,000,000 VND to less than 1,500,000,000 VND.

c. Committing the crime under one of the following circumstances shall be imprisoned from 5 years to 10 years:

- Causing the death of 3 or more people;

- Causing injury or harm to the health of 3 or more people with a total body injury rate of those people 201% or more;

- Causing property damage 1,500,000,000 VND or more.

4. Obstructing road traffic in cases likely to actually result in the consequence of causing the death of 3 or more people, or causing injury or harm to the health of 3 or more people with a total body injury rate of those people 201% or more, or causing property damage 1,500,000,000 VND or more if not promptly prevented, shall be fined from 5,000,000 VND to 20,000,000 VND or sentenced to non-custodial reform for up to 1 year.

Meanwhile, nails are sharp objects that will pose a great danger to participants in traffic using motor vehicles when run over.

Therefore, depending on the nature and level of the violation of the act of spreading nails on the road, the individual committing the act may be subject to administrative penalties or criminal prosecution according to regulations.

The above is our advisory opinion on the issue you are concerned about.

Sincerely!