What Acts are Considered Obstructing the Enforcement of Administrative Judgments? Are Obstructing Acts in the Enforcement of Administrative Judgments Subject to Criminal Liability?
What acts are considered obstructing the execution of administrative judgments?
Based on Article 3 of Decree 71/2016/ND-CP, the following provisions are outlined:
Explanation of Terms
Under this Decree, the following terms are understood as follows:
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7. Failure to comply with judgments refers to the intentional actions of the person required to execute the judgment, failing to comply, complying incorrectly, or incompletely with the court's judgment or decision in an administrative case when there has been a decision to compel the execution of the court's judgment or decision (hereinafter referred to as the decision to compel the execution of administrative judgments) or a record requesting the organization of the execution of judgments by the Executor as prescribed in Clause 2, Article 19 of this Decree.
8. Obstruction of the execution of judgments refers to illegal actions affecting the execution process, leading to delays, non-execution, or incomplete execution of the court's judgment or decision.
9. Serious consequences in the execution of administrative judgments refer to violations affecting the reputation of individuals, agencies, or organizations where officials and public employees are working, or causing damages in money and property that need to be compensated with a value of less than 20 million VND.
According to the above provisions, illegal actions affecting the execution process, leading to delays, non-execution, or incomplete execution of the court's judgment or decision are considered obstructing the execution of administrative judgments.
What acts are considered obstructing the execution of administrative judgments? Does obstructing the execution of administrative judgments lead to criminal responsibility?
How are officials and public employees obstructing administrative judgment execution disciplined?
(1) Based on Article 21 of Decree 71/2016/ND-CP which stipulates:
Reprimand
The form of disciplinary reprimand applies to officials and public employees who commit one of the following violations of the law concerning the execution of administrative judgments:
1. Delay in executing the judgment.
2. Compliance, but not according to the content of the court's judgment or decision within the voluntary period stipulated in Clause 2, Article 311 of the Law on Administrative Procedures.
*3. Abusing positions, powers to obstruct the execution of judgments.
4. Refusing to work or not providing, providing incomplete information, documents related to the process, results of executing judgments to competent authorities according to the provisions of the Law on Administrative Procedures and this Decree.
5. Having an arrogant, authoritarian attitude or causing difficulties or troubles for the person entitled to the judgment during the execution process.
6. The head of the agency or organization lacks responsibility in directing, inspecting, urging the execution of administrative judgments, causing serious consequences.
Therefore, officials and public employees who abuse their positions and powers to obstruct the execution of judgments will face disciplinary action in the form of a reprimand.
(2) According to the provisions of Article 22 Decree 71/2016/ND-CP officials and public employees who violate are subject to disciplinary actions in the form of a warning in the following cases:
- Causing serious consequences but sincerely reviewing during the disciplinary review process.
- Being sentenced to suspended imprisonment or non-custodial reform for the crime of obstructing the execution of judgments if the official does not hold a leadership or managerial position.
(3) According to the provisions of Article 23 Decree 71/2016/ND-CP officials and public employees who cause serious consequences will face disciplinary actions in the form of a salary grade reduction.
(4) According to the provisions of Article 25 Decree 71/2016/ND-CP officials and public employees holding leadership or managerial positions who are sentenced to suspended imprisonment or non-custodial reform for the crime of obstructing the execution of judgments will face disciplinary actions in the form of dismissal.
(5) According to the provisions of Article 26 Decree 71/2016/ND-CP officials and public employees who are sentenced to imprisonment without suspension for the crime of obstructing the execution of judgments will face disciplinary actions in the form of dismissal.
Does obstructing the execution of administrative judgments lead to criminal responsibility?
Based on Article 28 Decree 71/2016/ND-CP, the following provisions are outlined:
Criminal Liability
1. Anyone who commits the act of non-compliance with a judgment, non-execution of a judgment, or intentionally obstructs the execution of a judgment, with sufficient elements constituting a crime, shall be prosecuted for criminal liability under the provisions of the Criminal Code.
2. The head, or the head of the immediate superior agency of the person required to execute the judgment, the civil judgment execution agency, and the state management agency for administrative judgment execution, depending on their functions, tasks, and powers, shall propose to the competent agencies to prosecute for criminal liability those showing signs of criminal law violations in the execution of administrative judgments.
Thus, anyone who deliberately obstructs the execution of a judgment, with sufficient elements constituting a crime, shall be prosecuted for criminal liability under the provisions of the Criminal Code.
Specifically, under Article 381 of the Criminal Code 2015, the crime of obstructing judgment execution is provided as follows:
Obstruction of Judgment Execution
1. Anyone who abuses their position and power to deliberately obstruct the execution of judgments in any of the following cases shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:
a) Leading to the convicted person or the person required to execute the judgment escaping;
b) Leading to the expiration of the limitation period for judgment execution;
c) Leading to the convicted person, the person required to execute the judgment, or the person obligated to execute the judgment dispersing assets and failing to fulfill the judgment obligation with an amount from 50,000,000 VND to less than 200,000,000 VND;
d) Causing damage from 50,000,000 VND to less than 200,000,000 VND.
2. Committing the crime in any of the following cases shall be subject to imprisonment from 2 years to 5 years:
a) Committing the crime twice or more;
b) Leading to the convicted person or the person required to execute the judgment continuing to commit offenses;
c) Leading to the convicted person, the person required to execute the judgment, or the person obligated to execute the judgment dispersing assets and failing to fulfill the judgment obligation with an amount of 200,000,000 VND or more;
d) Causing damage of 200,000,000 VND or more.
3. The offender shall also be prohibited from holding certain positions from 1 year to 5 years.
Therefore, the act of obstructing the execution of judgments can be subject to criminal liability as stipulated above.
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