Drinking alcohol and beer not only harms health but also, when intoxicated, causes a person to lose cognitive abilities, lose self-control, and engage in behaviors that disrupt public order. So, in this case, how will the intoxicated individual be penalized?
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How will drinking alcohol, beer causing public disorder be penalized? (Illustrative photo)
Drinking alcohol, beer causing public disorder will be administratively penalized
Drunkenness is a state in which a person loses alertness and sometimes loses self-control, leading to excessive behaviors, causing public disorder, and potentially causing damage to property, life, and health of others. At Point c, Clause 2, Article 5 of Decree 167/2013/ND-CP it is stipulated that a fine of 500,000 VND to 1,000,000 VND is imposed for drinking alcohol, beer causing public disorder.
In addition, according to Clause 1, Article 596 of the Civil Code 2015, individuals who drink alcohol, beer causing public disorder and causing damage to property, life of others must bear the responsibility to compensate.
“Article 596. Compensation for damage caused by people using stimulants
1. A person who drinks alcohol or uses another stimulant and falls into a state of losing the ability to perceive and control his/her actions, causing damage to another person, must compensate.”
Therefore, according to the above regulation, individuals who drink alcohol, beer causing public disorder can be fined from 500,000 to 1 million VND, and if they cause damage to the property and life of others, they must bear the responsibility to compensate according to the law. It can be seen that drinking alcohol, beer not only harms health but also incurs administrative penalties and compensation liability if causing public disorder and damage to others.
Additionally, persons consuming alcohol, beer, and driving motorcycles, mopeds, or cars will face heavy administrative fines and could be imprisoned if causing traffic accidents leading to fatalities. Specifically, as stipulated in Articles 5 and 6 of Decree 100/2019/ND-CP, the penalty levels for violations of alcohol concentration when driving are as follows:
- Driving a car on the road with an alcohol concentration in blood or breath exceeding the regulated levels can be fined up to 40 million VND and deprived of the driving license for up to 24 months.- Driving a motorcycle, moped on the road with an alcohol concentration in blood or breath exceeding the regulated levels can be fined up to 8 million VND and deprived of the driving license for up to 24 months.
Drinking alcohol, beer causing public disorder must bear criminal responsibility
In addition to being administratively penalized, individuals drinking alcohol, beer causing public disorder depending on the severity may bear criminal responsibility. Specifically, according to Article 13 of the Criminal Code 2015, a person committing a crime while in a state of losing the ability to perceive or control his/her actions due to drinking alcohol or using other strong stimulants must still bear criminal responsibility.
Based on Article 318 of the Criminal Code 2015, anyone causing public disorder affecting security, order, and social safety, or who has been administratively penalized for such an act or convicted for such a crime, has not had their conviction expunged but continues to commit a violation, will be fined from 5 million to 50 million VND, sentenced to non-custodial reform for up to 02 years, or imprisoned from 03 months to 02 years. Additionally, committing the crime under any of the following circumstances shall result in an imprisonment sentence of 02 to 07 years:
- As an organized act;- Using weapons, dangerous instruments or having destructive acts;- Causing serious traffic obstruction or public activity suspension;- Inciting others to cause disorder;- Assaulting intervening persons maintaining public order;- Reoffending dangerously.
Therefore, according to the above regulations, it can be seen that the law does not consider drunkenness as a mitigating factor for criminal responsibility, and individuals drinking alcohol, beer leading to loss of perception and self-control are not exempt from criminal prosecution. As a result, drinking alcohol, beer causing public disorder affecting security, order, and social safety or having been administratively penalized for such an act or convicted for such crime can be fined up to 50 million VND and imprisoned from 02 to 07 years.
Ty Na
