Prosecuting the person who "locked the tail" of the car in Ha Tinh: The line between administrative violation and crime

Intentionally using cars to block the road, locking the rear of other vehicles

According to information from functional agencies, on the morning of February 18 (the 2nd day of Tet), in alley 71, Quang Linh street, Tran Phu ward, Ha Tinh province, Mr. P.A. T. was driving a car to wish Tet to relatives when he encountered a white car driven by Nguyen Viet Linh parked, occupying almost the entire walkway.

Due to the small alley, Mr. T's vehicle could not circulate. When Mr. T asked Linh to move the car to avoid obstructing traffic, Linh did not cooperate but returned home, drove another car to park behind, intentionally "locking the rear" of Mr. T's car, causing this vehicle to be completely blocked.

Not stopping there, when the Tran Phu Ward Police force was present to handle it, Linh was said to have challenging words, not complying with the request to clear vehicles, and even declared that he was ready to pay fines if handled.

It was not until about 2 pm on the same day, after many hours of obstructing traffic in the alley, that Linh moved her vehicle, restoring traffic flow to the road.

After the incident occurred, Tran Phu Ward Police worked with relevant parties, prepared a file and transferred it to the higher-level investigating agency for handling according to regulations.

Based on collected documents, the Criminal Police Department of the Provincial Police has initiated a criminal case and prosecuted Nguyen Viet Linh for the crime of "Disturbing public order", and at the same time applied measures of prohibition from leaving the place of residence and temporary suspension of exit to serve the investigation. The case is currently being further clarified.

Warning about the boundary between administrative violations and crime

Talking to reporters, lawyer Hoang Van Ha, ARC Hanoi Law Firm, said that Vietnamese law clearly distinguishes between administrative violations in the field of traffic and acts showing signs of constituting a crime.

According to Article 318 of the 2015 Penal Code, anyone who disturbs public order, causes adverse effects on security, order, and social safety may be fined from 5 million VND to 50 million VND, imprisonment without detention for up to 2 years or imprisonment from 3 months to 2 years.

In case the act causes serious traffic obstruction or has other aggravating circumstances, the penalty can be up to 7 years in prison.

The lawyer said that the key point to consider criminal responsibility is the level of impact of the act on society. If blocking the road and locking the tail of vehicles causes prolonged traffic jams, affects people's travel, disrupts normal social activities or causes public disorder, functional agencies may consider criminal handling.

In the case of Ha Tinh, the use of two vehicles to block the road, lock the rear of other vehicles for a long time and not cooperating with functional forces are factors considered by the investigating agency when deciding to prosecute the case.

From a legal perspective, lawyer Hoang Van Ha believes that the boundary between administrative violations and crimes in traffic obstruction cases depends on the nature, severity and consequences of the act.

If the act only stops at the level of violating ordinary traffic regulations and has not caused serious consequences, administrative sanctions are appropriate. However, when the act seriously affects public order, disrupts normal social activities or causes public outrage, criminal handling is necessary to ensure deterrence and general prevention.

Lawyers also advise people when traffic disputes occur to remain calm, comply with legal regulations and cooperate with functional forces. Using vehicles to block roads and obstruct traffic to resolve personal conflicts can lead to serious legal consequences.

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