What is a warning penalty?
Warning is understood as a form of punishment for violations, when someone violates or makes a mistake in a regulation or rule that is minor and can be corrected. The form of warning is a form of punishment in many different areas of law, including violations in the field of traffic.
Article 34 of the 2015 Penal Code stipulates: “ Warnings are applied to offenders who commit less serious crimes and have many mitigating circumstances, but not to the extent of exempting from punishment .”
In criminal law, warning is one of the 7 main penalties, and is also the lightest penalty.
“ Article 32. Penalties for offenders
1. Main penalties include:
a) Warning.
b) Fine.
c) Non-custodial reform.
d) Deportation… ”.
Thus, warning can be considered a light penalty only to deter organizations and individuals from violating legal regulations in various fields, including the field of traffic.
Traffic police patrol and control to ensure traffic order and safety. (Photo: Xuan Tien)
In what cases should a traffic violation be warned?
Decree 100/2019/ND-CP on administrative sanctions for violations in the field of road and railway traffic stipulates warnings for traffic violations in the following cases:
Case 1
Clause 1, Article 13 of Decree 100/2019/ND-CP stipulates: “ Article 13. Penalties for violations of regulations on construction and maintenance of works within the land area reserved for roads
1. Warning or fine from 250,000 VND to 500,000 VND for individuals, from 500,000 VND to 1,000,000 VND for organizations performing construction on exploited roads without posting construction information signs or posting information signs with incomplete content as prescribed .
Thus, in the case of individuals and organizations committing violations of construction on exploited roads; not posting construction information signs or posting information signs with incomplete content... will be subject to a warning (or a fine according to regulations). Violations by organizations and individuals in this case must be minor violations and have mitigating circumstances.
Case 2
Clause 1, Article 15 of Decree 100/2019/ND-CP stipulates that this case will be subject to a warning penalty: “ Article 15. Penalties for violations of regulations on management, exploitation, maintenance and protection of road traffic infrastructure.
1. Warning or fine from 60,000 VND to 100,000 VND for individuals committing one of the following violations:
a) Herding animals on the roadside, tying animals to trees on both sides of the road or to markers, signs, barriers, or auxiliary works of road traffic.
b) Arbitrarily climbing on bridge piers, pillars, or girders .
Thus, for the acts of climbing piers, pillars, under bridges or herding animals on the road roof, tying animals to markers, signs, etc. as prescribed above, individuals and organizations may be subject to a warning with a minor violation level.
Traffic Police of Da Nang City Police check alcohol concentration of car drivers. (Photo: Xuan Tien)
Case 3
Clause 1, Article 21 of Decree 100/2019/ND-CP: “ Article 21. Penalties for violations of regulations on conditions for motor vehicle drivers
1. Warning penalty for people from 14 years old to under 16 years old driving motorbikes, motorbikes (including electric motorbikes) and vehicles similar to motorbikes or driving cars, tractors and vehicles similar to cars .
In the case of people from 14 to under 16 years old driving motorbikes, motorbikes... and violating regulations on conditions for drivers of motor vehicles, they will usually only be given a warning because those in this age group are minors who violate traffic laws with limited cognitive ability, so the form of punishment is only a deterrent, to correct the spirit, to not repeat the violation, and to realize that their behavior is a violation of the law.
CHAU THU
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