Organizing illegal car racing during Tet holiday can result in imprisonment

Lawyer Nguyen Thi Thuy, YouMe Law Firm LLC replied:

Clause 5, Article 9 of the Law on Road Traffic Safety stipulates that one of the prohibited acts is racing, organizing racing, inciting, assisting, and cheering on illegal racing; driving a vehicle on the road by weaving, swerving, and continuously revving the engine.

Article 265 of the 2015 Penal Code, amended and supplemented by Clause 77, Article 1 of the Law amending and supplementing the 2017 Penal Code, stipulates the crime of organizing illegal racing as follows:

1. Anyone who illegally organizes racing of cars, motorbikes or other motorized vehicles shall be subject to a fine of VND 30,000,000 to VND 100,000,000, non-custodial reform for up to 03 years or imprisonment of from 01 year to 05 years.

2. Committing a crime in one of the following cases shall be subject to a fine of from VND 100,000,000 to VND 500,000,000 or imprisonment from 04 years to 10 years:

a) Organizing 10 or more cars to participate at the same time or organizing 2 or more car races at the same time;

b) Betting organization;

c) Resisting the person responsible for ensuring traffic order and safety or the person responsible for dispersing illegal car races;

d) In densely populated areas;

d) Remove safety equipment from the racing vehicle;

e) Causing death;

g) Causing injury or damage to the health of another person with a bodily injury rate of 61% or more;

h) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%;

i) Causing property damage from VND 100,000,000 to under VND 500,000,000;

k) Recidivism of this crime or illegal racing.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 08 years to 15 years:

a) Killed 02 people;

b) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 122% to 200%;

c) Causing property damage from VND 500,000,000 to under VND 1,500,000,000;

d) Dangerous recidivism.

4. Committing a crime in one of the following cases shall be punishable by imprisonment from 12 to 20 years or life imprisonment:

a) Causing the death of 3 or more people;

b) Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people being 201% or more;

c) Causing property damage of VND 1,500,000,000 or more.

5. The offender may also be fined from VND 10,000,000 to VND 50,000,000.”

Thus, the organizer of illegal racing may be subject to criminal prosecution according to the above provisions.