A person with criminal record and criminal capacity who organizes illegal racing as the mastermind, leader, or instigator of others racing. The organizer may or may not participate in the illegal racing.
- Subjective aspect of the crime : The crime of organizing illegal racing is committed in the form of intentional fault. Intentional fault includes: direct intentional fault and indirect intentional fault.
- Penalty : The penalty for the crime of organizing illegal racing is stipulated in Article 206 of the 1999 Penal Code, specifically as follows:
1. ...shall be fined from ten million to fifty million Dong, reformed without detention for up to three years or imprisoned from one to five years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from three to ten years: a) Organizing large-scale racing; b) Organizing betting; c) Organizing resistance against the person responsible for ensuring traffic safety and order or the person responsible for dispersing illegal racing; d) Organizing racing in densely populated areas; e) Removing safety equipment from racing vehicles; e) Causing damage to the life or causing serious damage to the health or property of others; g) Re-offending this crime or the crime of illegal racing.
3. Committing a crime in case of recidivism causing danger or causing very serious consequences shall be punished with imprisonment from five to fifteen years.
4. Crimes with particularly serious consequences shall be punished by imprisonment from twelve years or life imprisonment.
5. Offenders may also be fined from five million to thirty million Dong.
* Crime of illegal racing (Article 207 of the Penal Code)
The crime of illegal racing is an illegal act committed by a person of criminal age and criminal capacity who drives a car, motorbike or other motorized vehicle with the purpose of racing with another driver without permission from a competent authority, intentionally violating road traffic safety and harming the health, life or property of citizens, organizations or the state.
The crime of illegal racing has the following legal signs:
- Object :
Crimes that seriously harm the life, health, and property of others, organizations, and the state.
- Objective side :
Illegal behavior : Shown in the act of participating in illegal racing, as a direct participant in controlling illegal racing vehicles on public roads, in cities, towns, townships, and urban areas.
Social damage : Crimes cause damage to life or serious damage to the health and property of others. Damage to the health and property of others is caused when:
a) Causing damage to the health of one person with a disability rate of 11% to less than 31%; b) Causing damage to the health of two or more people with each person's disability rate of less than 11%, but the total disability rate of all these people is from 21% to less than 41%; c) Causing property damage worth from five million VND to less than thirty million VND [22, Article 7].
Causal relationship between illegal act and damage
Society: Illegal racing is the cause of serious consequences and damage to property.
life, health, property to any person, including the person participating in illegal racing with that person.
- Subject : Is a crime committed by a person of criminal age and with criminal responsibility capacity.
If the offender has not caused damage to the health or property of others, he/she must have been administratively punished for illegal racing or convicted of illegal racing, not yet had his/her criminal record cleared, and still commits the crime, then he/she will be prosecuted for criminal liability for illegal racing.
- Subjective aspect : The crime is committed in the form of intentional fault, that is, the offender is fully aware that his behavior is illegal racing, foresees the consequences of that behavior and wants the consequences to occur or foresees that the consequences of that behavior may occur, although not wanting them, he still consciously lets the consequences occur.
- Punishment for crime : According to Article 207 of the 1999 Penal Code, the penalty for illegal racing is as follows:
1. ....shall be fined from five million to fifty million dong, reformed without detention for up to three years or imprisoned from three months to three years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from two to seven years: a) Causing damage to life or causing serious damage to the health or property of another person; b) Causing an accident and then fleeing to evade responsibility or intentionally failing to rescue the victim; c) Participating in betting; d) Resisting a person responsible for ensuring traffic safety or a person responsible for dispersing an illegal race; e) Racing in a densely populated area; e) Removing safety equipment from a racing vehicle; g) Recidivism of this crime or the crime of organizing a crime.
illegal racing
3. Committing a crime in a dangerous re-offending situation or causing very serious consequences shall be punished with imprisonment from five to fifteen years.
4. Crimes causing particularly serious consequences shall be punished with imprisonment from twelve to twenty years.
5. The offender may also be fined from five million to thirty million Dong.
2.2. Practice of adjudicating road traffic safety violations in Quang Ngai province from 2011 to 2015
According to the author's research on practical data on criminal trials in general and trials of road traffic safety violations in Quang Ngai province in the last 5 (years) from 2011 to 2015, it shows that:
Among the road traffic safety violations occurring in Quang Ngai province, the main ones are violations of regulations on road vehicle control, which are accepted and resolved by provincial and district courts.
Table 1: Statistics of cases and defendants for road traffic safety violations in 05 years (2011 - 2015) in Quang Ngai province
Year
Crime of violating regulations on road traffic control set (Article 202) | Total number of defendants convicted under Article 202 | Crime of handing over a vehicle to an unqualified person to drive (Article 205) | ||
District level | Provincial level | |||
2011 | 73 | 0 | 81 | 0 |
2012 | 94 | 0 | 101 | 1 |
2013 | 69 | 10 | 80 | 0 |
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2014
66 | 0 | 66 | 0 | |
6 months 2015 | 36 | 0 | 36 | 0 |
Total | 303 | 10 | 364 | 1 |
Source: Office of Quang Ngai Provincial People's Court
Thus, from the above mentioned practical trial data, the following observations can be drawn:
Firstly , the total number of cases and the total number of defendants brought to trial by the Court for crimes against road traffic safety during the 5-year period (2011 - 2015) in Quang Ngai province mainly focused on the crime of violating regulations on driving road vehicles (as prescribed in Article 202 of the Penal Code) with a total of 313 cases and 364 defendants. The crime of allowing unqualified persons to drive road vehicles was 1 case with 1 defendant (Article 205 of the Penal Code). The crimes that the Court did not bring to trial for any cases or defendants were: Crime of obstructing road traffic (Article 203); crime of putting into use road vehicles that do not ensure safety (Article 204); crime of organizing illegal racing (Article 206) and crime of illegal racing (Article 207).
Second , the number of cases and defendants for violating regulations on road traffic control was highest in 2012 with 94 cases and 101 defendants prosecuted. The remaining years had the number of cases and defendants brought to trial at around 70 cases. In which, the courts often applied Clause 1, Article 202 or Point a, Clause 2, Article 202 of the 1999 Penal Code to punish the defendants.
Third, in the process of resolving traffic safety violations, the Courts have increased coordination with the prosecution agencies. For cases where the records are not yet complete and there is not enough solid basis to determine the crime or the offender, the Courts will resolutely return the records for trial.
additional investigation, to ensure the trial of the right person, the right crime, and the right law. During the trial, the Court created conditions and ensured that the participants in the proceedings fully exercised their rights and obligations as prescribed by law. The punishments that the Courts imposed on the defendants were strict, in accordance with the State's criminal policy, ensuring both the purpose of punishment and the promotion of education and crime prevention.
Fourth , Violations of regulations on road traffic control mainly include: speeding, reckless driving, lack of observation causing traffic accidents for others; not driving in the correct lane or road section; changing direction without observing, without signaling; driving in the wrong direction.
Fifth , the subjects who commit crimes violating regulations on road traffic control are of different ages. However, the number of cases with defendants who are minors or people without a driver's license is large. Most of the defendants have no criminal record before committing the crime. When arrested, they all confessed honestly and voluntarily compensated the victim's family.
Case: At around 11:00 p.m. on February 12, 2010, Nguyen Viet Len (born May 26, 1993) drove a motorbike with license plate number 53P3-7362 belonging to Mr. Huynh Chau (father of Huynh Van Khanh), carrying Huynh Van Khanh and Nguyen Van Di on provincial road 623C at a speed of 65-75 km. When arriving at team 4, village 4, Nghia Dong commune, Quang Ngai city, Len saw a car going in the opposite direction ahead, so Len drove the motorbike to the right. Because it was dark and there was no road light, he crashed into Ms. Ngo Tran Thi Linh and Ha Thach Thi Lieu. As a result, Ms. Linh died on the way to the emergency room, and Ms. Lieu broke 4 teeth. Len was prosecuted by the Quang Ngai City Procuracy for violating regulations on driving road vehicles according to point a, clause 2, Article 202 of the Penal Code.
In the judgment No. 25/2010/HSST dated August 30, 2010, the People's Court of Quang Ngai City applied Point a, Clause 2, Article 202, Point p, Clause 1, Article 46, Article 69, Article 74 of the Penal Code to sentence Nguyen Viet Len to 30 months in prison. At the same time, applying Articles 298, 606, 610, 623, Mr. Huynh Chau and his wife Mr. Nguyen Gia Tu, Mrs. Tran Thi Luu (Len's parents) were jointly obliged to compensate the family of Ms. Ngo Tran Thi Linh the amount of 23,230,000 VND and provide monthly support for Ms. Linh's 2 children until they reach adulthood of 1,460,000 VND.
Case: On the morning of November 13, 2014, Dinh Van Rieng was driving a motorbike.
with license plate 76N1-010.03 on route 623, belonging to
disc
stool
Bai village
Color, Son Tan commune, district
Son Tay is the most famous place .
curve , danger sign
The road was curved and sharp , but the defendant Dinh Van Rieng
Driving a motorbike into the lane reserved for oncoming vehicles,
cause trouble
for Mr. Dinh Van Nau. Hau
Recently , Mr. Dinh Van Nau died in an accident .
hospital
Quang Ngai Provincial General Hospital on November 14, 2014. People's Court
Son Tay district, Quang Ngai province sentenced defendant Dinh Van Rieng to 24 months in prison, suspended sentence and compensation to the victim's family.
Sixth , the subjects causing the traffic accident were at fault from both sides. Based on the consideration of the subjects' fault, the court sentenced them to the corresponding penalty.
Case: In the judgment No. 09/2011/HSST dated March 28, 2011 of the People's Court of Quang Ngai City, it was determined that: On January 23, 2009, after drinking beer at home, Tran Manh (born in 1990) arbitrarily took his mother's motorbike with license plate 76X2 - 0047, Ms. Nguyen Thi Tau, to take Truong Lam Mien out. When reaching provincial road 623C, Manh drove so fast that the motorbike wobbled on the road. At the same time, Vo Van Trung (born in 1977) took his mother, Ms. Nguyen Thi Lap, from the branch road to the border of provincial road 623C. Trung drove the motorbike in the opposite direction to the left, turning on the left turn signal. Trung drove the motorbike from the left to the middle of the road and about 11.5m from the intersection. At the same time, Manh drove the motorbike, because he did not observe, the two motorbikes collided. The consequence was that all 4 people on the motorbike were killed.
were both injured. Mrs. Lap died, Tran Manh suffered a disability of 24%. Based on the degree of fault of Manh and Trung, the People's Court of Quang Ngai City sentenced defendant Tran Manh to 24 months in prison; defendant Vo Van Trung to 18 months in prison but suspended the sentence, with a probation period of 36 months from the date of sentencing. At the same time, the Court also announced the compensation for the victim's family.
Seventh , the damage that society has to bear due to the criminal acts of the violators is mostly the loss of life of other people participating in traffic. In particular, there are cases where many people die or are injured. In addition, there are cases of damage to the health or property of others.
Case: At about 12:30 on July 24, 2011, Pham Khoa Phu (born February 14, 1978) drove a passenger car with license plate 77H-8887 from the South to the North on National Highway 1A. When he reached Dien Truong village, Pho Khanh commune, Duc Pho district, Phu drove the car to overtake a truck in the same direction in front. At the same time, car 92B-00039 driven by Nguyen Van Tu came from the North. Due to the short distance and not being able to handle the situation in time, Phu turned the steering wheel into the rough road and pedestrians on the west side. Tu drove straight into the right side of car 77H-8887, causing an accident. As a result, Phu was injured, passengers on car 77H-8887 including Luu Thi Vi Le died on the spot, Huynh Quoc Dung died at the hospital, and others suffered from disabilities ranging from 33% to 64%. Two cars were damaged.
In the first instance criminal judgment No. 69/2012/HSST dated December 7, 2012 of the People's Court of Quang Ngai City, Pham Khoa Phu was sentenced to 9 years in prison for violating regulations on road traffic control. In addition, the civil part and court fees were also announced. Because the defendant Pham Phu Khoa appealed for a reduction in the sentence, on January 30, 2013, the People's Court of Quang Ngai Province did not accept the appeal, upholding the first instance criminal judgment No.