HOW IS THE CRIME OF DISTURBANCE OF PUBLIC ORDER PUNISHED?

For example: Lawyer, my house is right on Highway X. In the evenings, groups of young people appear on the highway, carrying homemade weapons, using motorbikes to run at high speed, weaving, causing trouble with passersby and other groups of young people, greatly affecting my family and the houses around the area. Where should I report this and how will the crimes of these young people be punished?

Table of Contents:

  1.  About reporting procedures
  2. About criminal penalties
    • 2.1 About administrative penalties
    • 2.2 About criminal proceedings

1. About reporting procedures

You can report the incident in the following 2 ways:

Method 1: Report a crime through the VNeID application:

Step 1: Log in to your VNeID application account on your phone.

Step 2: On the main interface, select “Other services”.

Step 3: Select “Requests, feedback on security and order”. Select “Create new request”.

Step 4: The user fills in all the required information and selects “Anonymous” if they want to keep their personal information confidential.

Step 5: Confirm the information and send the request.

To check the processing status, the user just needs to go to the section Recommends, feedback on security and order.

Method 2: Make a complaint to the Investigation Agency at the place of residence

Step 1: Make a criminal complaint file

The criminal complaint file includes:

– Police report;

– Victim’s ID card/CCCD/Passport (notarized copy);

– Victim’s household registration book (notarized copy).

– Related evidence to prove (images, recordings, videos,… containing information about the crime).

Step 2: Submit the file

Citizens send the file to the Investigation Agency at the place of residence (permanent or temporary residence).

2. Regarding the punishment of crimes

2.1 Regarding administrative sanctions

Pursuant to Point b, Clause 5, Article 7 of Decree 144/2021/ND-CP stipulating sanctions for administrative violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence, the act of disturbing public order shall be handled as follows:

“5. A fine of VND 5,000,000 to VND 8,000,000 shall be imposed for one of the following acts:

b) Disturbing public order while carrying primitive weapons, supporting tools or other tools, objects and means capable of causing harm.”

In addition, the above act may also be subject to additional penalties in the form of confiscation of evidence and means of violation according to Point a, Clause 13, Article 7 of Decree 144/2021/ND-CP stipulating administrative sanctions for violations in the fields of security, order and social safety; prevention and control of social evils; fire prevention and control; rescue; prevention and control of domestic violence, the act of disturbing public order shall be handled as follows:

“13. Additional forms of punishment:

a) Confiscation of exhibits and means of administrative violation for violations specified in Points a, d, đ and g, Clause 2; Point đ, Clause 3; Points b, e and i, Clause 4; Points a, b and c, Clause 5; Clauses 6 and 10 of this Article;”

2.2 Regarding criminal handling

A person who commits an act of disturbing public order may be prosecuted for criminal liability for the Crime of disturbing public order in Article 318 of the Penal Code 2015, amended and supplemented in 2017, if the public order disturbance causes negative impacts on security, order and social safety, or has been administratively sanctioned for this act or has been convicted of this crime, has not had his/her criminal record cleared and still commits the violation. The penalty for this crime is as follows:

Article 318. Crime of disturbing public order

1. Any person who causes disturbance of public order which negatively impacts social safety, order or security or does it while having incurred an administrative penalty for the same offence or having an unspent conviction for the same offence shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of up to 02 years’ community sentence or 03 – 24 months’ imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 02 – 07 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence involves use of weapons or vandalism;

c) The offence results in serious traffic congestion or suspension of public activities;

d) The offender incites other people to cause disturbance;

dd) The offender attacks the person who intervenes to maintain public order;

e) Dangerous recidivism.”

Thus, the person who commits an act of disturbing public order may be prosecuted for the crime of disturbing public order under Article 318 of the 2015 Penal Code, amended and supplemented in 2017, with a penalty of 02 to 07 years imprisonment.