The alcohol meter must measure the competent authority in accordance with the regulations
On the evening of February 9, Hai Duong Provincial Police informed about the case “Abusing positions and powers while performing official duties” related to alcohol testing, which occurred on February 4 in Ho Chi Minh City. Chi Linh (Hai Duong province).
According to the initial investigation results, on February 4, a group of officers and soldiers in the patrol and control group No. 3 (belonging to the Traffic and Order Police Team of Chi Linh City Police) during their duties. Stopped many cars to check alcohol levels. However, this group used an alcohol meter that was not issued by the Ministry of Public Security.
Based on the collected documents, on February 8, the Investigative Police Agency (Hai Duong Provincial Police) prosecuted the case, prosecuted the accused, arrested and detained 6 former officers and soldiers of the Hai Duong province. Traffic and order police team of City Police. Chi Linh, including: Bui Manh Tuan, Nguyen Van Bang, Nguyen Van Tuan, Mac Quoc Phuong, Nguyen Thanh Trung and Truong Manh Dang.
On the same day, the People’s Procuracy of Hai Duong province approved the above decisions
Lawyer Nguyen Ngoc Hung, Head of Connection Law Office, City Bar Association. Hanoi
Lawyer Nguyen Ngoc Hung, Head of Connected Lawyers Office (Hanoi Bar Association), said that this is a case that has received the attention of the public, when former traffic police officers. – Order (Chi Linh City Police) violates criminal law and is prosecuted.
According to Lawyer Hung, the above subjects have abused their positions and powers assigned by the state, assigned the responsibility of implementing orders and plans to patrol, control and handle violations. approved by the competent authority. However, instead of properly performing their duties, responsibilities, procedures, and equipment to measure alcohol levels, the above accused took advantage of the ignorance of the people, intentionally using non-standard machinery, species assigned by the state for the purpose of causing damage and appropriating people’s property.
This behavior seriously affects the operation and image of local traffic police officers. At the same time, it also makes the handling of violators of alcohol content not guaranteed in accordance with the law. Especially during the peak period, the ministries, departments and agencies at central and local levels were instructed to strictly handle cases of alcohol content violations.
Objects taking advantage of people’s ignorance should intentionally use machinery and equipment that do not measure alcohol concentration correctly to commit acts and decide to deal with violators in contravention of the law. This behavior with intentional errors, with motives, clear purposes, discussions, pre-organized plans and taking advantage of professional characteristics to violate.
With such clear behavior and consequences, Hai Duong Provincial Police decided to prosecute the case and prosecute the accused for investigation in accordance with the law and competence.
Lawyer Hung affirmed that with such clear behavior, depending on the nature, extent and consequences of the behavior, the proceeding agency will have specific assessments to give a penalty frame. The maximum penalty for the crime of abusing position and power while on official duty can be up to 15 years in prison.
Through this, it can be seen that the propaganda and dissemination of traffic safety regulations, specifically detailed information about machines and equipment for measuring alcohol concentration, have not been closely followed to the people. Therefore, in the process of handling, if people discover that the machinery is not in accordance with the regulations, they can take photos, record videos and report it to the state agency for handling.
The case needs to be handled strictly, with deterrence and general education to prevent and fight crime. But the governing body also needs to have measures to supervise, inspect and publicly let people know about machines, types and functions to coordinate supervision and ensure compliance with the law by all parties. Lawyer Hung said.