Debate over the proposed collection of car traffic violations

Many lawmakers said that the seized vehicle driver's level of alcohol violations as infringement of property rights of citizens. While Vu Tien Vinh lawyer confirmed the collection means of the offender is a legal basis.

Talking to Vnexpress 4/3 days, Le Hong Son - Director of Inspection of legal documents, the Ministry of Justice - that means confiscated recommendations should be contrasted with the Road Traffic Act and Decree the sanction of the Government of traffic safety to view the violations that should be confiscated vehicle or not.

Son said the current law applies deterrent is custody and a fine vehicle. Recommend confiscated vehicles can not "easily done" as related asset ownership was constitutional provisions. "I think that this document will be submitted to the Government failed to pass easily," Son said.

Mr. Dinh Xuan Thao - Director of Research of the National Assembly legislator - that proposes to confiscate car if the driver has a high alcohol content of Traffic Safety Commission National unreasonable. By principle, handle offenders may fine, even administrative detention or other measures can not confiscate property.

"Car is a great asset, the legitimacy of individual and not as a means of crime. Moreover, the offender can ride borrowed from others. The car does not violate loan, how can confiscate their vehicles, "said Dean Thao.

As a lawyer Nguyen Huy Card (Hanoi Bar Association) confirmed "proposal itself Traffic Safety Commission has contradictions". The contents of this proposed stripping driving license duration 24 months is a mild sanctions but comes with it is confiscated vehicles - severe sanctions indefinitely. Lawyers said that the seized vehicle is infringing the freedom of property of citizens.

"Historically, the court decision to confiscate vehicles when people use it as a means of crime in the criminal case. In addition to the court, without any public authority has the right to confiscate property or means of citizens. The freedom to own property in the Constitution, laws of copyright protection, based on where to deprive rights of citizens? ", he stated Cards perspective.

Lawyers also said that if the rules are enforced, do not know how the family will fall into misery. As in Vietnam, motorcycles, cars are not just a means of transport but also as a means of earning a living. It is a great fortune for each family. For example, a motorcycle taxi driver, if the offense for which the vehicle is confiscated his family lived in what they know.

"Sanctions of error stems from the control means. However, that means not always owned by the offender. So the real owner of it what foreclosure errors their lawful? ", he said Card.

In the case of vehicles then ask the operator to compensate for the owners, according to lawyers, this is unthinkable. "For example, a driver hired for government agencies, businesses or individuals. They lingered in living wages where they take hundreds of millions, billions in compensation?", He stated Cards.

Meanwhile, lawyer Vu Tien Vinh (Director of Security Act) for the confiscation of vehicles that are not unconstitutional and does not conflict with existing laws. According to him, the Law on handling of administrative violations in 2012 with the provisions of Article 26 of the Confiscation of exhibits and means of administrative violations.

For example, timber smuggling, smuggling of cigarettes being detected will confiscate the car, unless otherwise identified as the driver hire vehicle owners also cause the car was confiscated.

Many other laws also contain provisions concerning foreclosure behavior violating the law. Under the provisions of the Penal Code, if the use of property (legal origin) in the offense, the offense was confiscated as gambling, even in some of the crimes, the offender also confiscated a part or all of the property that the property may not be related to the crime that they perform (Crime robbery, Kidnapping in order to appropriate the property, the property crime of rape, crimes related to drugs ...) .

"If people build houses illegally confiscate the new car is unconstitutional. And if they violate the law and confiscation of the vehicle," he Vinh stressed.

Bao Ha - Vo Hai