Disturbing public order is punishable by up to 7 years in prison
According to lawyer Ha Huy Phong (CEO of Inteco Law Firm LLC), in this case, model Ngoc Trinh was prosecuted for investigating the act of disturbing public order, as stipulated in Article 318 of the Penal Code.
Lawyer Ha Huy Phong (CEO of Inteco Law Firm LLC).
According to the lawyer, Clause 1, Article 318 of the Penal Code stipulates that anyone who causes public disorder that negatively affects security, order, and social safety, or has been administratively punished for this act, or has been convicted of this crime, and has not had his criminal record expunged, but still commits the violation, shall be fined from 5 to 50 million VND, sentenced to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years.
According to the provisions of Clause 2, Article 318 of the Penal Code, if a crime is committed in an organized manner, inciting others to commit crimes, using weapons, dangerous recidivism, or assaulting people who intervene to protect public order, the offender shall be sentenced to between 2 and 7 years in prison.
Thus, depending on the level of violation, the offender may be criminally prosecuted with different penalty levels and the highest can be up to 7 years in prison.
"The specific penalty for disturbing public order must be based on the extent of the impact of this behavior," the lawyer said, adding that it all depends on the results of the investigation.
For the act of forging seals and documents of agencies and organizations, the contents are specifically regulated in Article 341 of the Penal Code.
Accordingly, anyone who forges seals, documents or other papers of an agency or organization or uses forged seals, documents or papers to commit illegal acts shall be subject to a fine of 30-100 million VND, non-custodial reform for up to 3 years or imprisonment from 6 months to 2 years.
According to Lawyer Tran Xuan Tien, Head of Dong Doi Law Office, Hanoi Bar Association, Ngoc Trinh's behavior of weaving, swerving, standing with both feet on one side of the vehicle, letting the vehicle run by itself, and sitting on one side of the saddle to run by itself is very dangerous.
"Ngoc Trinh's behavior endangers her own health and life as well as other traffic participants.
"Allowing organizations to film, edit, and post these clips on social media accounts with a large number of followers has a negative impact, adversely affecting security and order in cyberspace, as well as the awareness and sense of law compliance of a segment of young people," the lawyer said.
According to the lawyer, Ngoc Trinh's case is also a profound lesson, a warning for those who often weave, swerve, and do not comply with traffic safety laws.
Ngoc Trinh was fined by the Traffic Police Department of Thu Duc City for two violations: lying on the saddle, standing on one side of the vehicle, letting go of both hands... while driving a motorbike; Not having a license to drive a motorbike over 175cc, the total fine was 8.5 million VND.
Moves before arrest
On October 19, the Ho Chi Minh City Police Investigation Agency issued a decision to prosecute the case of "Disturbing public order"; "Using fake documents of agencies and organizations"; Issued a decision to prosecute the accused, a search warrant for the residence and an arrest warrant for the accused to temporarily detain Tran Thi Ngoc Trinh (34 years old, residing in District 7) for the crime of "Disturbing public order".
Before being temporarily detained, on the morning of October 19, Ngoc Trinh continuously posted new statuses on social networks.
Specifically, the model born in 1989 posted a landscape photo. Along with it, Ngoc Trinh expressed: "My joy right now. Get well soon so I can return to work, my dear". In addition, she also shared a video about the perspective of love in modern times.
The investigation agency served the decision to prosecute the accused against Ngoc Trinh.
Ngoc Trinh is from Tra Vinh. She is a model, actress, businesswoman and presenter. She is known as the "Queen of lingerie" and "Queen of scandals", famous for her 56cm waist.
With an extremely rich and luxurious life, Ngoc Trinh has a hobby of unboxing luxury goods and collecting billion-dollar cars. The beauty revealed that she recently has a new hobby of riding large-displacement motorbikes, constantly posting videos of her practicing riding, causing public outrage.
Image of Ngoc Trinh riding a large displacement motorbike on MHX platform account.
Before Ngoc Trinh and Tran Xuan Dong were prosecuted and arrested, the People's Committee of Thu Thiem Ward, Thu Duc City and the Traffic Safety Committee of Tang Nhon Phu B Ward, Thu Duc City sent a document requesting the Ho Chi Minh City Police Department to consider handling Tran Thi Ngoc Trinh in accordance with the law when considering her behavior causing insecurity, disorder, and traffic safety in the locality.
The investigation results determined that although she did not have a class A2 driver's license, on October 6, 2023, Ngoc Trinh and Tran Xuan Dong organized and performed the act of driving a motorbike with license plate 59A3-115.88 (BMW brand, cylinder capacity 999cm3) on D15 High-Tech Park road (in Tang Nhon Phu B ward, Thu Duc city) with dangerous driving movements, offensive postures, not wearing protective gear...
Up to now, videos with content related to Ngoc Trinh's illegal motorcycle performance have been removed on all platforms.
It is known that previously, Tiktok account "Ngoc Trinh" (ID: @ngoctrinh89, currently has 6.8 million followers, a total of more than 163.3 million likes) posted 5 videos with content related to the behavior of driving large-displacement motorcycles with offensive and dangerous driving movements on September 24-28, 2023, October 2-6-8, 2023.
As of 10:00 a.m. on October 12, 2023, these videos have received 478,000 likes, 4,881 comments, 9,848 video saves, and 5,787 shares.
Facebook account "Tran Thi Ngoc Trinh (The Girl Eating Hang) currently has more than 3.1 million followers) also posted the above videos, attracting 5.9 thousand interactions, 438 comments, and 266 submissions.
Facebook Fanpage account "NGỌC TRINH" (currently has 2.7 million likes; 5.9 million followers) posted a video showing Ngoc Trinh driving a large-displacement motorbike and having an accident that resulted in a leg injury.
After that, these videos went viral on the internet with more than 240 posts on Facebook, more than 650 articles on the Website; more than 3,000 related videos on Youtube.
Previously, around the beginning of September 2023, these two people also organized a gathering, driving a "Ninja" motorbike on Tran Bach Dang Street, Thu Thiem Urban Area (Thu Thiem Ward, Thu Duc City) with driving movements such as lying down, kneeling on the saddle, 2 legs on one side of the motorbike, letting go of 2 hands to let the motorbike run by itself, sitting on one side of the saddle to run by itself... causing public opinion to be upset.
Ho Chi Minh City Police determined that the posting and dissemination of video clips by the above accounts had a negative impact on security, order and social safety, negatively affecting the awareness, lifestyle and behavioral culture of young people, especially since these are social network accounts followed by millions of people, violating the Code of Conduct on Social Networks of the Ministry of Information and Communications, and need to be prevented and handled promptly.
During the investigation, the Investigation Police Agency clarified the origin of the BMW motorcycle with license plate 59A3-115.88. Tran Xuan Dong presented a fake motorcycle registration certificate number 122678 and admitted that although he knew it, he still intentionally bought it because he saw that the motorcycle was cheap.
Ngoc Trinh admitted that because she was preparing for the A2 (large displacement) driving license test, she hired someone to teach her how to drive.
Previously, Ngoc Trinh was fined by the Traffic Police Department of Thu Duc City for two violations: lying on the saddle, standing on one side of the vehicle, letting go of both hands... while driving a motorbike; Not having a license to drive a motorbike over 175cc, the total fine was 8.5 million VND.
Source
Comment (0)