From September 01, 2022, there will be regulations on administrative penalties for obstructing judicial activities?
Ordinance on Administrative Penalties for Obstructing Judicial Activities: What Will Be Adjusted?
Based on Article 1 of Ordinance 02/2022/UBTVQH15, the regulations are as follows:
Scope of Adjustment
This Ordinance stipulates administrative penalties for acts of obstructing judicial activities; forms and levels of punishment, measures to remedy consequences; preventive measures and ensuring administrative violations are handled; authority, procedures for imposing penalties, enforcement of penalty decisions, and coercive enforcement of administrative penalty decisions for acts of obstructing judicial activities.
The Ordinance on Administrative Penalties for Obstructing Judicial Activities will adjust the acts obstructing judicial activities that are subject to administrative penalties. It adjusts regarding the levels of punishment, measures to remedy consequences, and the authority to impose administrative penalties for acts obstructing judicial activities that are subject to administrative penalties.
From September 1, 2022, there will be regulations on administrative penalties for acts of obstructing judicial activities?
What Forms of Administrative Penalties Are There for Obstructing Judicial Activities and How Much Are the Penalties?
Based on Article 5 of Ordinance 02/2022/UBTVQH15, the regulations are as follows:
Forms of Penalties and Principles of Application
1. Main forms of penalties for acts of obstructing judicial activities include:
a) Warning;
b) Monetary fine.
2. Additional penalties for acts of obstructing judicial activities include confiscation of the violating administrative property or means used to commit the administrative violation (hereinafter collectively referred to as confiscation of the violating property, means).
3. The principles of applying administrative penalties for acts of obstructing judicial activities are carried out in accordance with Clause 3, Article 21 of the Law on Handling Administrative Violations.
Thus, there are two forms of administrative penalties for acts of obstructing judicial activities: warnings and monetary fines.
Based on Article 6 of Ordinance 02/2022/UBTVQH15, the regulations are as follows:
Fine Levels and Fine Authority
1. The maximum monetary fine for each act of obstructing judicial activities committed by an individual is 40,000,000 VND. The maximum monetary fine for each act of obstructing judicial activities committed by an organization is 80,000,000 VND.
2. The fine levels specified in Chapter II of this Ordinance are the fine levels applicable to acts of obstructing judicial activities committed by individuals. For organizations with the same violations, the fine levels are twice the levels applicable to individuals.
3. The fine authority of persons specified in Articles 25 to 32 of this Ordinance is the authority to apply fines to an individual’s act of obstructing judicial activities; the authority to fine organizations is twice the fine authority for individuals.
According to the above regulations, individuals committing administrative violations obstructing judicial activities will face a maximum monetary fine of 40,000,000 VND, while organizations will face a maximum monetary fine of 80,000,000 VND.
Do Courts Have the Authority to Impose Administrative Penalties for Obstructing Judicial Activities?
Based on Article 25 of Ordinance 02/2022/UBTVQH15, the regulations are as follows:
Authority of People's Courts in Imposing Penalties
1. From the time of assignment, the presiding Judge has the authority to:
a) Issue a warning;
b) Impose a fine of up to 1,000,000 VND;
c) Confiscate administrative violation property and means with a value not exceeding twice the amount fines stipulated in point b of this clause.
2. The Chief Judge of the district People's Court, specialized court divisions at the provincial level, and military regional courts have the authority to:
a) Issue a warning;
b) Impose a fine of up to 7,500,000 VND;
c) Confiscate administrative violation property and means with a value not exceeding twice the amount fines stipulated in point b of this clause.
3. The Chief Judge of the provincial People's Court and the High People's Court have the authority to:
a) Issue a warning;
b) Impose a fine of up to 40,000,000 VND;
c) Confiscate administrative violation property and means;
d) Apply remedial measures as stipulated in points a, b, c, o, g, and h, Clause 1, Article 7 of this Ordinance.
4. The Chief Judge of the military regional courts and equivalents have the authority to:
a) Issue a warning;
b) Impose a fine of up to 40,000,000 VND;
c) Confiscate administrative violation property and means;
d) Apply remedial measures as stipulated in Clause 1, Article 7 of this Ordinance.
Thus, judges, chief judges of different levels of People's Courts, and chief judges of military regional courts and equivalents all have the authority to issue warnings for acts of obstructing judicial activities that constitute administrative violations.
Based on the above regulations, the maximum monetary fine authority can be identified for judges, chief judges of different levels of People's Courts, and chief judges of military regional courts and equivalents.
Ordinance 02/2022/UBTVQH15 will take effect from September 1, 2022.
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