The use of air guns needs to be clarified.

Regarding the case of three police officers from Dai Nghia Town (My Duc District, Hanoi) who shot and killed two goats belonging to local residents, the Hanoi City Police are still holding these three individuals in custody for criminal investigation to clarify their involvement in the theft of property.

Two goats were shot dead by three police officers using air guns.

Commenting on the case, lawyer Tran Xuan Tien, Head of Dong Doi Law Office ( thuộc Hanoi Bar Association), stated that the Hanoi City Police have initiated a criminal case for "theft of property" and detained three officers for further investigation. However, in order to have grounds to prosecute the suspects and determine the legal framework under Article 173 of the Criminal Code regarding the crime of theft of property, the results of the property assessment of the two goats are necessary.

In the case of two goats valued between 2 million and less than 50 million VND, the penalty is non-custodial correctional labor for up to 3 years, or imprisonment from 6 months to 3 years. If the two goats are valued between 50 million and less than 200 million VND and the crime is organized and professional, the penalty is 2 to 7 years of imprisonment. Imprisonment ranges from 7 to 15 years if the property is valued between 200 million and less than 500 million VND; and from 12 to 20 years if the property is valued at 500 million VND or more.

The task force of the My Duc District Police apologizes to the family whose two goats were shot dead.

According to lawyer Tran Xuan Tien, using homemade guns for hunting is not uncommon, but in this case, the fact that the perpetrators were officers working in the People's Public Security Force is unacceptable.

Lawyer Tien stated that, according to Clause 3, Article 3 of the Law on Management and Use of Weapons, Explosives, and Supporting Tools of 2017, air guns are a type of hunting gun, possessing the characteristics of weapons in general and capable of causing injury and harm to human life and health. In this incident, the air gun killed two goats, therefore the destructive force was considerable and dangerous.

Furthermore, according to Clause 2, Article 5 of this law, the illegal manufacture, production, sale, storage, transportation, and use of weapons, explosives, and supporting tools are among the prohibited acts. Depending on the purpose of use, the three officers may face administrative penalties or criminal prosecution.

Accordingly, using weapons or supporting tools without a license may result in a fine of 5-10 million VND, as stipulated in point h, clause 3, Article 11 of Decree 144/2021/ND-CP. If the illegal manufacture, storage, transportation, or use of weapons with similar functions or effects to hunting rifles, rudimentary weapons, sports weapons, or parts and components for manufacturing weapons or supporting tools with similar functions or effects is prohibited, the penalty will be 10-20 million VND, as stipulated in point c, clause 4 of this decree. In addition, the confiscated items will be confiscated.

On the other hand, if these officials had previously been administratively penalized for manufacturing weapons, they could be prosecuted for the crime of using hunting rifles under Clause 2, Article 306 of the 2015 Penal Code, as amended in 2017, with a penalty of 1-5 years imprisonment. In addition, they could face fines of 10-50 million VND, probation, or a travel ban of 1-5 years.

"However, this is just a hypothesis. Whether these three officers will be prosecuted for using hunting rifles depends on the conclusions of the investigating agency, but it needs to be clarified," lawyer Tien said.

Previously, according to the Hanoi City Police, on June 26, Captain Nguyen Van Nhan, Senior Lieutenant Bui Dinh Viet, and Senior Lieutenant Bui Tien Tung, all working at the Dai Nghia Town Police Station, drove a car carrying an air rifle to the Mao Ga mountain area to hunt birds. While hunting, the group shot and killed two goats belonging to local residents, put them in the trunk of the car, and drove away. When they reached the Ai Nang bridge area (An Phu commune), the group was discovered and stopped by local residents.

On June 27th, Lieutenant General Nguyen Hai Trung signed a decision to strip these three individuals of their police officer titles. Simultaneously, the Hanoi City Police also initiated a criminal case for "theft of property," placing the three individuals under temporary detention for further investigation and processing according to regulations.

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