Fighting back against a thug driver when being 'provoked' on the road, will the 2 people in the car be punished?

On February 27, Hai Ba Trung District Police (Hanoi) detained Tran Van Hiep (38 years old) and Trinh Thinh (44 years old) to investigate the case of a motorbike driver blocking and fighting with a car driver on the elevated Ring Road 2, and continue to verify the people involved.

Following the incident, many people wondered if the two men in the car who fought with Hiep and Thinh would be punished?

Responding to VTC News reporter, Dr. and lawyer Dang Van Cuong, Head of Chinh Phap Law Office (Hanoi Bar Association) said that in the short clip shared on social networks, the cause of the incident has not been seen, nor have there been any back and forth words or conflicts between the parties.

However, the clip shows that the two people in the car were also upset by the lawless behavior of the two people riding the SH motorbike, so as soon as the car blocked their way and the door was pulled open, they immediately got out of the car and started fighting.

A man in a car got out of the car and fought with two people on a motorbike. (Photo cut from clip)

"In this case, the investigation agency will continue to clarify the behavior of the two people on the SH motorbike, and will also clarify the behavior of the two people in the car to determine whether the behavior can be considered legitimate defense or not.

If it is a case of self-defense, the two people in the car will not be prosecuted. If it is beyond the limits of self-defense or the act of fighting in public (out of anger, wanting to injure each other), they can be prosecuted for intentionally causing injury or disturbing public order," lawyer Cuong explained.

Lawyer Cuong analyzed that Vietnamese law strictly prohibits fighting in public or beating people in public. The law only allows citizens the right to self-defense when there is an immediate use of force or threat of force.

The use of force to resolve problems in public places must be permitted by law and requires extreme caution, sobriety, and emotional control.

In the event of a traffic collision that results in a fight between the parties, the authorities will clarify the cause of the incident, especially clarifying which party used force to resolve the conflict first, and the subsequent behavior of the parties as a basis for resolution according to regulations.

If two people on a SH motorbike attack first, threatening the lives and health of two people in the car or using violence against others, these people have the right to fight back to the extent necessary, which is considered legitimate defense, not a crime.

If the two motorcyclists do not intend to assault the car driver or another person, but the car driver uses force first, then their actions are unnecessary.

According to the Lawyer, in case of a traffic collision, traffic participants need to calmly explain and keep a distance from the other party to avoid the subject suddenly attacking and causing injury to themselves.

If the subject is aggressive or has a weapon, do not confront him. Lock the car door and call for help or call the police at 113.

"Recently, there have been continuous incidents of traffic participants being assaulted by violent thugs. To protect themselves, their property, or the lives, health, and property of others, people need to calmly determine whether the situation has reached the point where they must use force or not, and control the use of force so that it is only used to fight back at the necessary level," noted the head of the Chinh Phap law office.

On February 25, social media went viral with a clip recording a car traveling on the elevated Ring Road 2 (from Vinh Tuy Bridge to Nga Tu So). When passing through Times City Urban Area, the car was repeatedly cut off by a motorbike with license plate 29H1-747.96 driven by Tran Van Hiep and Trinh Thinh, both without helmets.
Not only that, these two people also continuously drove their motorbikes to cut in front of cars going in the same direction. Any car that honked would be kicked, punched in the windshield, or they would drive their motorbikes in front of the car and brake suddenly.
The climax of the incident was when a car going in the same direction overtook them, the two motorcyclists immediately cursed and blocked the car, leading to a fight between the two sides.

Video: Assaulting pedestrians on beltway 2, two young men riding SH were knocked out

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