Nearly 200 motorbikes burned at the illegal parking lot, do the police have to compensate?

As reported, on March 9, at the parking lot for administrative violations, located within the campus of Tanh Linh District Police (Binh Thuan), a fire occurred. Initial statistics of about 200 motorbikes as evidence of administrative violations of people were completely burned, with no loss of life: Nearly 200 motorbikes in the parking lot The police station in Binh Thuan burned down.

Dan Tri readers wonder if Tanh Linh district police have to compensate the owners of these motorbikes What is the basis for claiming compensation for damages in this fire?

Answering questions from readers and lawyers Quach Thanh Luc, director of the Law Firm, affirmed that the car impounding agency will have to fully compensate for this damage!

According to lawyer Luc in Clause 5, Article 125 of the amended Law on Handling of Administrative Violations 2012 supplemented in 2020 and Article 9 of Decree 115/2013 (regulations on management and preservation of material evidence and means of administrative violations that are temporarily seized and confiscated according to administrative procedures), when the vehicle is temporarily seized, the person who makes the record of temporary detention is the person who releases the vehicle. The temporary seizure decision is responsible for preserving the means of administrative violation.

In case the means of administrative violation is lost, sold illegally, swapped or damaged or lost replacement parts, the person who issued the temporary decision The person who directly manages and preserves the vehicle must be responsible before the law and the person who makes the decision to impound the vehicle.

According to Article 10 of Decree 115/2013, agencies, organizations, and individuals whose vehicles are impounded have the right to request management officials to make a record of the loss, damage, and deficiency of assets during the detention period and request The vehicle management agency compensates according to the provisions of law.

“When there is evidence as a result of the investigation of the direct cause of the fire, the authorities will resolve according to the principle of protecting the legitimate rights and interests of the people” said lawyer Luc.

Lawyer Nguyen Thi Xuyen Hanoi Bar Association added: These cars have been used by the agency. The police issued a temporary detention decision, so it is considered a transfer of responsibility for preserving the vehicle from the owner to the police in a legal way. The police agency that issues the temporary detention decision will be responsible for preserving the integrity of the vehicle.

Even if this agency itself takes care of the vehicle or hires another place to take care of it, it is responsible for compensating the vehicle. still belongs to them. That means that in this case, the police agency that issued the temporary detention decision must be responsible for compensation.

Article 9 of Decree 115/2013 clearly stipulates:“The person who issued the temporary detention decision The confiscated person is responsible for managing and preserving the seized and confiscated vehicle evidence. In case the vehicle evidence is lost, sold, swapped, damaged, or has lost replacement parts, the person who issued the decision to temporarily confiscate is responsible for compensation and will be handled according to the provisions of law. The person who directly manages and preserves vehicle evidence must be responsible before the law and the person who issues the decision to confiscate the vehicle for the management and preservation of vehicle evidence.”

According to the Lawyer. To have a basis to claim compensation for damages in this fire, the vehicle owner needs to have a record of impounding the vehicle in violation of the vehicle’s condition and model to determine the value of damaged assets.

Also according to If the two lawyers cannot agree on the amount of compensation for damages, the vehicle owner can sue the police agency that issued the decision to impound the vehicle to court to request compensation for damages.

In addition, lawyer Nguyen Trong Nghia (Hanoi Bar Association) also said that if the competent authority concludes that the cause of the fire was due to a force majeure event, the place that issued the decision to temporarily confiscate the vehicle mentioned above is not responsible for compensation (Clause 2, Article 584 of the Civil Code 2015).

If it is determined that the fire was not caused by a force majeure event but by an individual’s sabotage or careless behavior. The agency that issued the temporary seizure decision must still compensate the vehicle owners and then sue the individual who caused the fire to request compensation for damages. In case there are grounds to show that there are enough elements to constitute a crime, a case can be filed against the accused.

In fact, when the police temporarily impound a vehicle, violations often do not record it in the traffic report. What is the condition of the old or new car? Therefore, determining how much each car is worth before being burned as a basis for compensation is a problem. On the other hand, if the parking lot is insured, the insurance agency will be responsible for compensating the car owners.