Regarding the case of 3 police officers of Dai Nghia Town (My Duc District, Hanoi) shooting dead 2 goats belonging to local people, Hanoi City Police are still detaining these 3 people to investigate and clarify the act of property theft.
Two goats were shot dead by three police officers with air guns.
Expressing his opinion on the case, lawyer Tran Xuan Tien, Head of Dong Doi Law Office (under the Hanoi Bar Association) said that Hanoi Police have initiated a criminal case of "theft of property" and detained 3 officers for further investigation, but in order to have grounds to prosecute the accused and frame the case according to Article 173 of the Penal Code for the crime of theft of property, it is necessary to have the results of the property appraisal of 2 goats.
In case the value of 2 goats is from 2 million VND to under 50 million VND, the offender will be sentenced to non-custodial reform for up to 3 years, or to imprisonment from 6 months to 3 years. If the value of 2 goats is from 50 million VND to under 200 million VND and the crime is organized and professional, the offender will be sentenced to 2-7 years in prison. The penalty is from 7-15 years in prison if the value of the property is from 200 million VND to under 500 million VND; and from 12-20 years in prison if the value of the property is 500 million VND or more.
The working group of My Duc District Police apologized to the family whose 2 goats were shot dead.
According to lawyer Tran Xuan Tien, using homemade guns for hunting is not uncommon, but in this case, the perpetrators were officers working in the People's Public Security force, which is unacceptable.
Lawyer Tien said that according to the provisions of Clause 3, Article 3 of the Law on Management and Use of Weapons, Explosives and Supporting Tools 2017, air guns are a type of hunting gun, have the nature of weapons in general and are capable of causing damage and endangering human life and health. In the incident, the air gun killed 2 goats, so the damage was not small and was dangerous.
Furthermore, according to the provisions of Clause 2, Article 5 of this Law, the illegal manufacture, production, purchase, sale, storage, transportation, and use of weapons, explosives, and supporting tools are among the prohibited acts. Depending on the purpose of use, the 3 officials may be subject to administrative sanctions or criminal prosecution.
Accordingly, if using weapons and support tools without a license, you may be fined from 5 to 10 million VND, as prescribed in Point h, Clause 3, Article 11 of Decree 144/2021/ND-CP. If you illegally manufacture, store, transport, or use weapons with features and effects similar to hunting guns, primitive weapons, sports weapons, or details and clusters of details to produce and manufacture weapons and support tools with similar features and effects, you will be fined from 10 to 20 million VND, as prescribed in Point c, Clause 4 of this Decree. At the same time, you will be additionally fined by confiscation of evidence.
On the other hand, if these officials have previously been administratively sanctioned for the act of manufacturing weapons, they may be prosecuted for the crime of using hunting guns according to the provisions of Point a, Clause 2, Article 306 of the 2015 Penal Code, amended and supplemented in 2017, with a penalty of 1-5 years in prison. In addition, they may be fined from 10-50 million VND, placed under probation or banned from leaving their place of residence for 1-5 years.
"However, this is just a hypothesis. Whether these three officers can be prosecuted for using hunting guns or not depends on the conclusion from the investigation agency, but it needs to be clarified," said lawyer Tien.
Previously, according to Hanoi City Police, on June 26, Captain Nguyen Van Nhan, Senior Lieutenant Bui Dinh Viet and Senior Lieutenant Bui Tien Tung, all working at Dai Nghia Town Police, drove a car, carrying an air gun to the Mao Ga mountain area to shoot birds. While hunting, the group shot dead 2 goats belonging to local people and put them in the trunk of the car before leaving. When they arrived at Ai Nang bridge (An Phu commune), the group was discovered and stopped by local people.
On June 27, Lieutenant General Nguyen Hai Trung signed a decision to strip the title of People's Police of these three people. At the same time, Hanoi City Police also issued a decision to prosecute the case of "property theft" and temporarily detain the three people for further investigation and handling according to regulations.
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