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HOW IS RESISTANCE AGAINST LAW ENFORCEMENT OFFICERS HANDLED

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Table of Contents:

  1. What is Resisting a law enforcement officer in performance of his/her official duties?
  2. How is resistance against law enforcement officers handled?
    • 2.1 Administrative sanctions
    • 2.2 Criminal sanctions

1. What is resisting a person on official duty? Who are the people on official duty?

Article 3, Clause 2 of Decree 208/2013/ND-CP, which stipulates measures to prevent, stop and handle acts of resisting a person on official duty, stipulates that acts of resisting a person on official duty are acts of using force, threatening to use force or failing to comply with orders or requests of a person on official duty or other acts aimed at obstructing a person on official duty from performing assigned duties or forcing a person on official duty not to perform assigned duties.

Regarding the provisions on public servants as stipulated in Clause 1, Article 3 of Decree 208/2013/ND-CP, which stipulates measures to prevent, stop and handle acts of resisting public servants, including: cadres, civil servants, public employees, officers, non-commissioned officers, soldiers of the People’s Armed Forces assigned by competent agencies, organizations or individuals to perform tasks and exercise powers as prescribed by law and protected by law to serve the interests of the State, people and society.

2. How are acts of resisting public servants handled?

2.1 Administrative sanctions

For acts of resisting public servants that have not reached the level of criminal prosecution, violators will be administratively sanctioned according to Article 21 of Decree 144/2021/ND-CP, which stipulates sanctions for acts of resisting public servants as follows:

“1. A fine of from VND 1.000.000 to VND 4.000.000 shall be imposed for brokering, assisting organizations or individuals committing the violation to evade their responsibilities in inspection, examination and control of on-duty officers

2. A fine of from VND 4.000.000 to VND 6.000.000 shall be imposed for any of the following violations:

a) Obstructing or failing to comply with the requirements for inspection, examination and control or other duties of on-duty officers according to regulations of the Law;

b) Having words or actions threatening, abusive, insulting the honor and dignity of the on-duty officers;

c) Organizing, enticing, assisting, tempting another person not to comply with the requirements for inspection, examination and control of the on-duty officers;

3. A fine of from VND 6.000.000 to VND 8.000.000 shall be imposed for any of the following violations:

a) Using force or threatening to use force against the on-duty officers;

b) Causing damage to property and/or facilities of the state agencies or the on-duty officers; c) Offering money, property, other material benefits or non-material benefits as bribes to a person performing official duties.

4. Remedial measure:

a) Mandatory public apology in case of commission of the violation in Point b Clause 2 of this Decree.”

2.2 Criminal sanctions

For acts of resisting an officer who has sufficient grounds and elements constituting a crime to prosecute criminally. The person committing the crime will be handled according to Article 330 of the Penal Code 2015, amended and supplemented in 2017 as follows:

“Article 330. Resisting a law enforcement officer in performance of his/her official duties

1. Any person who uses violence or threat of violence or other methods to obstruct a law enforcement officer from performing his/her official duties or forces a law enforcement officer to act against the law shall face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:

2. This offence committed in any of the following cases shall carry a penalty of 02 – 07 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offender persuades or incites another person to commit the offence;

d) The offence results in property damage of ≥ VND 50,000,000;

dd) Dangerous recidivism.”

Thus, in the case of a person who opposes a person on official duty, depending on the severity, he/she may be prosecuted for criminal liability with a penalty of non-custodial reform of up to 03 years or imprisonment from 06 months to 03 years to imprisonment from 02 to 07 years.