On March 16, Hai Ba Trung District Police (Hanoi) detained Le Tien Dung (37 years old, residing in Nam Dinh) to investigate the act of resisting a person on duty and disturbing public order.
Dung was a pickup truck driver who parked his car in a prohibited area on Truong Dinh Street on the afternoon of March 15. When the Truong Dinh Ward Police (Hai Ba Trung District) task force inspected and handled the case, Dung did not comply, reversed his car and fled, causing damage to the ward police car.
On the way to escape, Dung crashed into 5 motorbikes and 1 truck. Many people chased him, used helmets and hard objects to smash the car windows and restrain Dung.
Immediately afterwards, the police arrived and, in coordination with local residents, arrested Dung. Test results showed that the male driver tested positive for drugs.
People smashed the car windows and restrained the pickup truck driver.
The incident is attracting public attention because of the recklessness of driver Dung. Many people also wonder whether the pursuit and smashing of the car windows to control Dung by some people in this case is appropriate?
Urgent situation so no compensation?
Lawyer Dang Van Cuong, Hanoi Bar Association, said that based on the information provided by the police, it can be seen that the pickup truck driver's behavior was a violation of the law; therefore, it was necessary and legal for people to break the glass to control him.
After damaging the official vehicle, Le Tien Dung fled and caused a series of other collisions; he also tested positive for drugs. Given this situation, if not stopped in time, the health and property of road users may continue to be violated.
Detained driver who fled causing a series of accidents in Hanoi
Even in a state of loss of control due to the effects of drugs, drivers can cause serious accidents, endangering their own lives and those of other road users.
The act of people breaking the car window and dragging this person down for the authorities to arrest is a situation of catching a criminal red-handed, which can be considered an urgent situation, not a crime.
Article 23 of the 2015 Penal Code stipulates: "Emergency situation" is a situation where a person, in order to avoid causing damage to his/her own legitimate rights and interests, those of others, or the interests of the State, agencies, or organizations, has no other choice but to cause a damage smaller than the damage that needs to be prevented. The act of causing damage in an emergency situation is not a crime.
Article 24 of this Code also clearly states: the act of a person who, in order to arrest a person committing a crime, has no other choice but to use necessary force causing damage to the person being arrested is not a crime.
Thus, in the process of arresting a pickup truck driver, people can cause damage to the health and property of this driver (when there is no other way) to prevent consequences for society. That is a legal act, will be exempted from liability, and will not have to compensate for damages.
Driver Le Tien Dung at the police station
Do not chase on your own because it is very dangerous.
From another perspective, lawyer Nguyen Ngoc Hung, Hanoi Bar Association, assessed that people's actions in stopping pickup truck drivers came from good intentions, but there were also some issues that needed attention.
Firstly, the pickup truck driver was out of control, as evidenced by the collision with the police car and a series of other vehicles. This situation is very dangerous, and people chasing him on their own poses a risk to their lives and health.
"In case of an unfortunate accident during the pursuit, the pursuer suffers property damage or health damage, many problems will arise," said lawyer Hung.
According to the lawyer, people should support by providing first aid and helping victims (if any) affected by collisions caused by semi-truck drivers. Pursuit should only be carried out when people have sufficient conditions to ensure their own safety.
Quick view 8pm: Panoramic news on March 16
"The authorities should pursue and prevent them, because they have full expertise and public duties, or they can extract data through the surveillance camera system," the lawyer said.
Second, the images of the incident show that the pickup truck driver was stopped and arrested on the elevated Ring Road 3 - reserved for cars, but some motorcyclists still chased after him. This behavior is not only dangerous but also shows signs of violating traffic order and safety.
From the above analysis, lawyer Hung recommends that people have the right to prevent violations caused by others, but first of all, they must ensure their own safety, not exceed the permitted limits, and comply with legal regulations.
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