Saturday, March 8, 2014

Lm. Joseph Dinh Huu Thoai: freight forwarding pursuant to Article 257 Crimes against the public dut

113 POLICE HAVE WRONG PEOPLE also imprisoned (VRNs) | Ngoclinhvugia's Blog
VRNs (03/03/2014) - Dan Tri reported in 28.02 days, police in Thu Duc District, HCMC decision to prosecute Mr Le Huynh Thuong Minh, born in 1980, lives in District 5 - Saigon, with crime name of "anti-duty" and Mr. Minh was detained two months.
Dan Tri said cause, "his slanderous freight forwarding behavior Ming has made people gathered freight forwarding unsafe order, freight forwarding obstructing the operation of duty has enough elements of crimes" against officials public service. "
The paper describes, late day 17:02, Mr. Minh is motorcycle riding and BOS 93E-019.18 traffic on Pham Van Dong Street to 18th Street, Thu Duc District. On this road, Mr. Ming is controlled freight forwarding under the patrol team 4, order the police department to respond quickly due to Dinh Quoc Tuan lieutenant with 2 heads, patrol members, asking him to stop the car and made Ming papers. Then, Mr. Minh had asked the police to know the offense and asked the police to see the table name as well as industry certification Tuan police but police disagreed and took his car keys Ming.
Newspapers said Mr. Ming has taken the mobile phone scene the police are working with the police but he Tuan Minh City "to hand to prevent the phone they complete Ming" phone police shock " . Hearing cries, hundreds of people freight forwarding living around the traffic and people stand back and witness freight forwarding this work.
Ladies and gentlemen, why he requested police Ming pointed out the error, wearing badges, card present industry, ... the right to force the duty "to control the car papers," Mr. Minh producers are said to be "against the public duty" and was detained freight forwarding two months? The prosecution and false arrest What is true?
Lm. Joseph Dinh Huu Thoai: According freight forwarding to some reports describing the right margin of the Commercial Le Minh Huynh behave correctly, while 113 police did wrong ... First: Pursuant to paragraph 4 of Article 68 of Decree 171/2013 of the Government regulations on sanctioning of administrative violations in the field of road transport and railways, (effective 01/01/2014): "The police orderly, rapid reaction police, mobile freight forwarding police, police administration of social order within the functions assigned to the relevant traffic order and safety in road, rail authorized penalties for violations of the provisions in the points, items, articles of this decree as follows: a) d, i Paragraph 1, g, h Paragraph freight forwarding 2, point b, d, e, f, Clause 3, point a and point b, d, e, f, h, Clause 4, Point b, Clause 5, Point b, Point d, Clause 7, Clause 8, Section 9, Clause 10, Article 5;
b) Point e, Clause 2, Point a, d, e, h and i, j, k, l Point, Point o Section 3, Point b, Point c, d, e, g, i , k, l, m Section 4, point b, d, e, paragraph 5, point a and point b, f, Clause 6, Clause 7, Clause freight forwarding 8, Clause 9, Article 6;
Thus, only 113 Police competent freight forwarding to sanction some behavior, and must "within the functions assigned to the relevant traffic order and safety in road, rail". freight forwarding As such, Mr. Le Huynh Thuong Minh City requires "He violated what?" To identify this group competent freight forwarding police stopped his penalty or not?
Second: According to paragraph 1 of Article 70, only "people's police officers are on duty" are competent freight forwarding to sanction. The Le Huynh Thuong Tuan Minh City claim to represent Lieutenant table name, the right of the card industry to determine if this is "police and soldiers are on duty" or not?
Third: When writing the film banned, police shooting, freight forwarding "... Director Document No. 2315 C67 has canceled the controversial content in this opinion. Accordingly, "people or journalists, radio recording, photography is not prevented (except where prohibited filming and taking pictures)". Thus, the lieutenant Tuan hand "prevented" He has filmed inappropriate.
Lm. Joseph Dinh Huu Thoai: freight forwarding pursuant to Article 257 Crimes against the public duty requires "use of force, threat of force or use other tricks to hinder the duty ...", see here act as law provisions. The filming, freight forwarding shouting "police robbery phone ..." event is not wrong, it should not be for real ... the "tricks". Also, the police freight forwarding ask pointed out the error, wearing badges, card present industry is appropriate ... law can not think of tricks. It is important that the law requires "use of force, threat of force or other tricks" is to "hinder the duty done their duty." freight forwarding The "demands" of Mr. Le Minh Huynh Thuong appropriate, the police must meet to demonstrate are "on duty", if not met, could not believe that He has "hindered". In fact, not being seen talking to the police on duty what, and what He has hampered. As people gathered "interfere ..." as the article above information is not the fault of Mr. Ming.
In addition, under the provisions of Department Circular No. 17/2012/TT-BCA police regulations Article

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