On July 12, information from Vietnam Railways Corporation (VNR) said that a train driver on the Hanoi - Lao Cai railway line was seriously injured by rocks thrown by people while operating the locomotive.
Specifically, at 11:55 p.m. on July 10, train H2705 traveling on the Hanoi - Lao Cai railway line, when passing through Mau Dong commune (Van Yen, Yen Bai), suddenly the co-driver Nguyen Van Quan (53 years old) was hit in the head by a stone thrown by a local resident, causing him to bleed profusely.
The remaining train driver tried to bring the train back to Mau Dong station at 0:04 on July 11 to take the victim to Mau A Hospital for emergency treatment. Train H2705 stopped at Mau Dong station for nearly 2 hours waiting for another assistant train driver to replace him.
According to VNR's update, on the morning of July 12, Yen Bai police arrested the subject who threw rocks at the train driver.
Train driver suffered head injury after being hit by a rock. Photo: VNR
Not only that, this behavior also threatens railway safety, risks railway accidents, threatens the lives and health of passengers and people on board, and can cause serious damage to state property. Therefore, the authorities will promptly intervene, verify, investigate and clarify the behavior to have a basis for handling in accordance with legal regulations.
Accordingly, the competent investigation agency investigates and identifies the perpetrators, the cause, motive, and purpose of the act. At the same time, assesses the injuries of the victim to handle them according to regulations.
If the verification results show that these subjects threw rocks with the intention of injuring the train driver, they may be prosecuted for the crime of Intentional Infliction of Injury, according to Article 134 of the Penal Code.
"According to the provisions of this Article, anyone who intentionally causes injury or harm to the health of another person with a bodily injury rate of 11% to 30% or less than 11% but falls into one of the cases specified in points a, b, d, dd, e, g, h, i, k, l, m, n and o, Clause 1 of this Article, shall be subject to non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years.
In case of committing a crime of causing injury or harm to the health of another person with a bodily injury rate of 11% to 30% but falling into one of the cases specified in points a, b, d, đ, e, g, h, i, k, l, m, n and o, Clause 1 of this Article, the offender shall be sentenced to imprisonment from 2 to 5 years.
"Those who commit the crime of causing injury or damage to the health of another person with a bodily injury rate of 31% to 60% shall be sentenced to imprisonment from 4 to 7 years,....", said lawyer Hoang Thi Huong Giang.
Lawyer Hoang Thi Huong Giang also added that, in addition, the subject must also compensate the victim for damages including reasonable costs for medical examination and treatment, actual lost income, compensation for mental damage, costs for caregivers, etc. according to the provisions of the Civil Code.
Master, lawyer Hoang Thi Huong Giang. Photo: NVCC.
Throwing rocks at trains can result in criminal prosecution for destruction or intentional damage to property.
According to lawyer Hoang Thi Huong Giang, if the person who threw the rock at the ship caused damage or destruction to the ship, it is necessary to determine the value of the damaged property. If there is an act of destroying property or intentionally damaging property worth VND 2,000,000 or more, then the person will be prosecuted for the crime of destroying or intentionally damaging property according to the provisions of Article 178 of the Penal Code.
"Anyone who destroys or intentionally damages another person's property worth from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 but falls under one of the cases specified in Clause 1 of this Article, shall be subject to a fine of from VND 10,000,000 to VND 50,000,000. At the same time, he/she shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.
According to Clauses 2, 3, 4, Article 178 of the Penal Code, in case of causing property damage worth from 50,000,000 VND to under 200,000,000 VND, the penalty is imprisonment from 2-7 years; causing property damage worth from 200,000,000 VND to under 500,000,000 VND, the penalty is imprisonment from 5-10 years; causing property damage worth 500,000,000 VND or more, the penalty is imprisonment from 10-20 years," lawyer Hoang Thi Huong Giang informed.
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