Supreme People's Court Publishes Additional 7 Precedents: Specific Provisions of the 7 New Precedents
What Are the 7 New Case Laws Announced by the Supreme People’s Court?
The Supreme People’s Court has recently issued Decision 39/QD-CA of 2023, announcing an additional 07 case laws approved by the Council of Justices of the Supreme People’s Court, including:
- Case Law No. 57/2023/AL on fraudulent acts aimed at acquiring property in the crime of “Snatching Property”
- Case Law No. 58/2023/AL on sentencing circumstances at point c, clause 3, Article 244 of the Criminal Code
- Case Law No. 59/2023/AL on indirect intentional fault in the case of “Murder”
- Case Law No. 60/2023/AL on the time limit for payout in traditional lottery
- Case Law No. 61/2023/AL on terminating the adoption of minor children
- Case Law No. 62/2023/AL
- Case Law No. 63/2023/AL on reviewing administrative decisions related to administrative acts being appealed.
Supreme People’s Court announces 7 new case laws. What are the specific contents of these new case laws? (Image from the Internet)
What Are the Criteria for Selecting Case Laws Announced by the Supreme People’s Court?
Based on the provisions of Article 2 of Resolution 04/2019/NQ-HDTP, the criteria for selecting case laws include:
- Having the value to clarify laws that have different interpretations, analyzing and explaining legal issues and indicating principles, ways of handling, legal norms to be applied in a specific case or expressing fairness on issues not yet specifically regulated by law;
- Being normative;
- Having the value to provide guidance for uniform application of the law in adjudication.
What Are the Key Contents of the 7 New Case Laws Announced?
Based on the content of Decision 39/QD-CA of 2023, the key contents of the 7 newly announced case laws are as follows:
(1) Case Law No. 57/2023/AL on fraudulent acts aimed at acquiring property in the crime of “Snatching Property”
Source of case law: Appellate criminal judgment No. 590/2020/HS-PT dated December 18, 2020, of the People's Court of Ho Chi Minh City in the case of “Snatching Property” against defendant Nguyen Thanh Quoc B.
Case scenario: The defendant used fraudulent means to have the property manager transfer the property to the defendant and then took advantage of the vulnerability to quickly flee.
Legal solution: In this case, the defendant must be held criminally responsible for the crime of “Snatching Property”.
(2). Case Law No. 58/2023/AL on sentencing circumstances at point c, clause 3, Article 244 of the Criminal Code
Approved by the Council of Justices of the Supreme People’s Court on February 1, 2, 3, 2023, and announced according to Decision No. 39/QD-CA dated February 24, 2023, of the Chief Justice of the Supreme People’s Court.
Source of case law: First instance criminal judgment No. 179/2018/HSST dated September 14, 2018, of the People’s Court of Ha Long City, Quang Ninh Province, in the case of “Violation of regulations on protection of endangered, precious, and rare animals” against defendant Hoang Dinh Q.
Case scenario: The defendant transported 05 tigers and 01 part inseparable from the life of the 6th tiger.
Legal solution: In this case, the defendant must be held criminally responsible under point c, clause 3, Article 244 of the 2015 Criminal Code (amended and supplemented in 2017).
(3). Case Law No. 59/2023/AL on indirect intentional fault in the case of “Murder”
Approved by the Council of Justices of the Supreme People’s Court on February 1, 2, 3, 2023, and announced according to Decision No. 39/QD-CA dated February 24, 2023, of the Chief Justice of the Supreme People’s Court.
Source of case law: Appellate judgment No. 50/2020/HS-PT dated December 10, 2020, of the People’s Court of Yen Bai Province in the case of “Murder” against defendants Trieu Van M and Dang Van T.
Case scenario: The defendant used a dangerous weapon to attack the victim. The victim drove a motorbike to escape, and the defendant continued to chase, causing the victim to fear and speed up to escape. The defendant only stopped chasing when the victim had an accident. The victim died on the way to the emergency.
Legal solution: In this case, the defendant must be held criminally responsible for the crime of “Murder” with indirect intentional fault.
(4). Case Law No. 60/2023/AL on the time limit for payout in traditional lottery
Approved by the Council of Justices of the Supreme People’s Court on February 1, 2, 3, 2023, and announced according to Decision No. 39/QD-CA dated February 24, 2023, of the Chief Justice of the Supreme People’s Court.
Source of case law: Cassation decision No. 239/2022/DS-GDT dated September 5, 2022, of the Board of Judges of the High People’s Court in Ho Chi Minh City in the case of “Dispute over payout in traditional lottery” between the plaintiff, Mr. Thai Huu T and the defendant, Company Limited Lottery A.
Case scenario: The lottery company’s participation rules specify the payout time limit for winning lottery tickets that are calculated in days.
Legal solution: In this case, the Court must determine that the first day of the period is not counted and is calculated from the next day as per clause 2, Article 147 of the 2015 Civil Code; the last day of the payout period is determined according to Article 148 of the 2015 Civil Code.
(5). Case Law No. 61/2023/AL on terminating the adoption of minor children
Approved by the Council of Justices of the Supreme People’s Court on February 1, 2, 3, 2023, and announced according to Decision No. 39/QD-CA dated February 24, 2023, of the Chief Justice of the Supreme People’s Court.
Source of case law: First instance decision No. 87/2019/QDST-HNGD dated April 24, 2019, of the People’s Court of Trang Bom District, Dong Nai Province, on the “Request to terminate the adoption of children”, with the petitioner being Mr. Tran Cong T, and the related parties being Mr. Nguyen Thanh H and Ms. Tran Thi Thao T1.
Case scenario: The biological parents and adoptive parents agree to return the minor adopted child to the biological parents; the adopted child wishes to live with the biological parents and the adoptive parents request to terminate the adoption.
Legal solution: In this case, the Court must accept the request to terminate the adoption.
(6). Case Law No. 62/2023/AL
On the time of starting maintenance obligations for minor children in a dispute over paternity
Approved by the Council of Justices of the Supreme People’s Court on February 1, 2, 3, 2023, and announced according to Decision No. 39/QD-CA dated February 24, 2023, of the Chief Justice of the Supreme People’s Court.
Source of case law: Appellate judgment No. 07/2018/HN-PT dated March 22, 2018, of the People’s Court of Binh Phuoc Province in the family and marriage case “Determining paternity for children, child maintenance” between the plaintiff, Ms. Le Thi D and the defendant, Mr. Trinh Vinh C.
Case scenario: After the child is born, the mother sued to determine the defendant as the biological father and requested the defendant to perform the maintenance obligation for the minor child. The Court determined the defendant as the biological father and responsible for maintenance.
Legal solution: In this case, the Court must determine that the maintenance period for the minor child is calculated from the date the child was born.
(7). Case Law No. 63/2023/AL on reviewing administrative decisions related to administrative acts being appealed
Approved by the Council of Justices of the Supreme People’s Court on February 1, 2, 3, 2023, and announced according to Decision No. 39/QD-CA dated February 24, 2023, of the Chief Justice of the Supreme People’s Court.
Source of case law: Cassation decision No. 04/2018/HC-GDT dated October 23, 2018, of the Board of Judges of the High People’s Court in Da Nang in the administrative case “Appealing administrative decisions, administrative acts on coercive dismantling of construction violating urban order and claiming compensation for coercive acts” between the plaintiffs, Mr. Le Huu T and Ms. Le Thi Ngoc L, and the defendant, Chairman of the People's Committee of Ward A.
Case scenario: The plaintiffs appealed the administrative decision and the related administrative act but only the administrative act was within the time limit for appeal.
Legal solution: In this case, the Court must resolve the appeal against the administrative act and has the authority to review the legality of the administrative decision related to the administrative act being appealed.
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