The Hai Ba Trung District Police (Hanoi) is temporarily detaining Le Tien Dung (born in 1987, residing in Y Yen District, Nam Dinh Province) for investigation into the crime of resisting persons in the performance of official duty.
On the afternoon of March 15, Le Tien Dung drove a pickup truck fleeing the police, causing multiple accidents in Hanoi. When Dung’s vehicle was stopped on the elevated Beltway 3, many people used helmets and hard objects to smash the car’s windows to subdue the driver and take him out of the vehicle.
Responding to VTC News, lawyer Dang Van Cuong, Head of Chinh Phap Law Firm (Hanoi Bar Association), stated that the act of smashing the car’s windows and apprehending Le Tien Dung was necessary and legal.
“Based on the initial verification results, the driver’s behavior with the pickup truck violates the law and shows signs of resisting persons in the performance of official duty, disturbing public order, violating regulations on road traffic participation, and intentionally damaging property.
The action of the citizens in stopping and apprehending this man is necessary to prevent the potential consequences of a traffic accident, protecting the lives, health, and property of those involved in traffic,” lawyer Cuong stated.
Many people angrily smash the car’s windows and subdue the driver. (Image captured from the clip).
According to Cuong, the driver did not comply with the administrative inspection order when he parked his vehicle improperly, fled in the vehicle, and collided with multiple vehicles on the road. He continued fleeing until the citizens blocked his path and stopped him. If not stopped in time, the lives, health, and property of those involved in traffic in that area could have been compromised due to Le Tien Dung’s uncontrollable behavior.
Notably, the drug test results were positive for the driver. In a state of uncontrollable behavior due to the influence of drugs, this person could potentially cause serious accidents if not stopped in time.
Lawyer Cuong stated that the act of smashing the car’s windows, dragging this person out of the vehicle, and handing him over to the authorities is a case of catching a perpetrator in the act, a justifiable case of self-defense, or a “necessary situation” that is not a crime. The law allows citizens to have the right to apprehend individuals like this, and during the apprehension process, they may cause damage or injury but are still exempt from criminal liability.
The behavior of the pickup truck driver violates the regulations on road traffic participation by not obeying the instructions of the traffic controller. Furthermore, this behavior can be determined as resisting persons in the performance of official duty, negatively affecting public security and order, which can be criminally prosecuted as the offense of resisting persons in the performance of official duty under the provisions of Article 330 of the Penal Code.
This conduct can also be processed as the offense of disturbing public order under the provisions of Article 318 of the Penal Code because it is determined to negatively affect public security and order.
Le Tien Dung at the police station.
Therefore, those who witnessed the incident have the right to apprehend the pickup truck driver and hand him over to the investigating authorities. During the apprehension process, they may cause harm to the health and property of this person. If there is no alternative, this is a legitimate act.
According to Article 24 of the Penal Code, the act of “causing harm while apprehending a person to catch them in the act,” causing harm in this case to catch the perpetrator, is exempt from criminal liability.
In addition, Article 23 of the Penal Code provides for the necessary situation, which allows citizens to cause minor harm to prevent serious traffic accidents that could occur and protect the lives, health, and property of those involved in traffic.
“Some people used helmets to shatter the windshield to capture the pickup truck driver, which is necessary and permitted by law under the provisions of Article 23 and Article 24 of the current Penal Code. Therefore, they are not prosecuted and not required to pay compensation for damage,” said the Head of Chinh Phap Law Firm.
Cuong further analyzed that if the vehicle operator is under the influence of alcohol, beer, or illegal substances that lead to a loss of control or easily provoked, the degree of danger will increase twofold. The “extreme danger” controlled by a “dangerous person” (uncontrollable behavior) makes that vehicle a “devil” on the highway.
“Even if the driver suffered property and health damage, he has no right to demand those who apprehended him to compensate because the law grants them the right to apprehend caught perpetrators through such actions to prevent further harm to others and protect the lives, health, and property of others,” lawyer Dang Van Cuong emphasized.
