How is the crime of resisting a person on official duty handled?

NGOC MAI(Thanh Ha)

Reply:According to the provisions of Article 330 of the 2015 Penal Code, amended and supplemented in 2017, and Article 21 of Decree 144/2021/ND-CP of the Government, acts of resisting people on official duty are considered violations of the law, leading to the consequence that violators may be subject to administrative sanctions or criminal prosecution. It can be understood that acts of resisting people on official duty directly infringe upon the normal and proper operations of state agencies and organizations, reducing the management effectiveness of those agencies and organizations. This crime is prescribed to combat and prevent acts of resisting people on official duty, maintain public order, enhance the management effectiveness of the State, and protect the lives and health of people on official duty.

According to the provisions of Clause 1, Article 330 of the 2015 Penal Code (amended in 2017), the crime of resisting a person performing official duties is stipulated as follows: Anyone who uses force, threatens to use force or uses other means to prevent a person performing official duties from performing their official duties or forces them to commit an illegal act shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.

If the act of resisting a person on duty does not reach the level of criminal prosecution, the violator will be subject to administrative sanctions. Article 21 of Decree 144/2021/ND-CP stipulates the penalties for resisting a person on duty as follows:

- Fine from 1-4 million VND for the act of brokerage, assisting individuals and organizations in violating the law to evade inspection, examination and control by law enforcement officers.

- A fine of 4-6 million VND shall be imposed for one of the following acts: obstructing or failing to comply with requests for inspection, examination, control or other duties of a person performing official duties as prescribed by law; using words or actions to threaten, insult or offend the honor or dignity of a person performing official duties; organizing, inciting, assisting, enticing or inciting others to not comply with requests for inspection, examination or control of a person performing official duties.

- A fine of 6-8 million VND shall be imposed for one of the following acts: using force or threatening to use force against a person performing official duties; causing damage to property or means of a state agency or person performing official duties; giving money, property, other material benefits or non-material benefits as bribes to a person performing official duties.