07/10/2022 08:40

New Resolution to elaborate Criminal Code 2015 in Vietnam

New Resolution to elaborate Criminal Code 2015 in Vietnam

On December 30, 2020, the Supreme People’s Court of Vietnam issued Resolution 03/2020/NQ-HDTP on guidelines for certain regulations of the criminal code in adjucating corruption-related or other office title-related crimes

This Resolution provides guidelines for certain regulations of the Criminal Code No. 100/2015/QH13, amended in the Law No. 12/2017/QH14 in adjudicating corruption-related or other office title-related crimes; determining value of property appropriated, damage caused by corruption-related or other office title-related crimes; approaches to items and money directed to the crimes.

For example, the resolution provides guidelines on a number of circumstances showing signs of a crime as follows:

- “other financial benefits” provided for in Articles 354, 358, 364 and 366 of the Criminal Code mean material benefits other than properties as prescribed in Article 105 of the Civil Code.

E.g. Giving bribes in forms of sponsorship for overseas study, travelling, etc.

“non-financial benefits” provided for in point b clause 1 of Articles 354, 358, 364, 365 and 366 of the Criminal Code means benefits other than financial benefits.

E.g. Bribery by awarding or proposing to award titles and awards; election, election and appointment of office positions; raising test scores; promising to grant graduation approval, sending abroad for study, competitions, performance; sexual bribery, etc.

“for personal gain” provided for in clause 1 Articles 356, 357 and 359 of the Criminal Code means the offender misuses or abuses his/her position or power to gain undue financial benefits or non-financial benefits for his own or other agencies, organizations, or individuals.

“other self-seeking purposes” provided for in clause 1 Articles 356, 357 and 359 of the Criminal Code means the offender misuses or abuses his/her position or power to assert, consolidate, or raise his/her status, prestige, power in an undue manner.

See more in Resolution 03/2020/NQ-HDTP, effective from February 15, 2021.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Thu Linh
28


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