The Supreme People's Court to announce 07 new court cases applicable as of March 27, 2023 in Vietnam

The Supreme People's Court to announce 07 new court cases applicable as of March 27, 2023 in Vietnam
Nguyễn Như Mai

On February 24, 2023, the Supreme People's Court issued Decision 39/QD-CA on the publication of precedents. In particular, 07 new precedents are announced to apply from March 27, 2023.

The Supreme People's Court announced 07 new court cases applicable as of March 27, 2023 in Vietnam

The Supreme People's Court to announce 07 new court cases applicable as of March 27, 2023 in Vietnam (Internet image)

1. Precedent 57/2023/AL on fraudulent acts to access property in the crime of "Property robbery"

- Source of Precedent:

Criminal Appeal Judgment No. 590/2020/HS-PT dated December 18, 2020 of the People's Court of Ho Chi Minh City on the case of "Property robbery" against defendant Nguyen Thanh Quoc B.

- Precedent situation:

The defendant used deceitful tricks to get the asset manager to transfer the assets to the defendant, then took advantage of loopholes to quickly escape.

- Legal solutions:

In this case, the defendant must be prosecuted for criminal liability for the crime of "Property robbery".

2. Precedent 58/2023/AL on the details of determining penalties at Point c, Clause 3, Article 244 of the Penal Code

- Source of Precedent:

First Instance Criminal Judgment No. 179/2018/HSST dated September 14, 2018 of the People's Court of Ha Long City, Quang Ninh Province on the case "Violation of regulations on protection of endangered, precious, and rare animals ” for defendant Hoang Dinh Q.

- Precedent situation:

The defendant had the act of transporting 05 individual tigers and 01 inseparable part of the life of the 06th individual tiger.

- Legal solutions:

In this case, the defendant must be prosecuted for criminal liability according to the provisions of Point c, Clause 3 of Article 244 of the Penal Code 2015 (amended in 2017).

3. Precedent 59/2023/AL on indirect intention in the case of "Murder"

- Source of Precedent:

Appeal judgment No. 50/2020/HS-PT dated December 10, 2020 of the People's Court of Yen Bai province on the "Murder" case against the defendants Trieu Van M and Dang Van T.

- Precedent situation:

The defendant used a dangerous weapon to attack the victim. The victim drove the motorbike and fled. The defendant continued to chase, causing the victim to fear and have to speed up and run away. Only when the victim had an accident did the defendant stop the pursuit. The victim died on the way to the emergency room.

- Legal solutions:

In this case, the defendant must be criminally responsible for the crime of "Murder" with indirect intention.

4. Precedent 60/2023/AL on lottery prize payment deadline

- Source of Precedent:

Cassation Decision No. 239/2022/DS-GDT dated September 5, 2022 of the Committee of Judges of the High People's Court in Ho Chi Minh City on the case "Dispute on payment of lottery rewards" between the plaintiff, Mr. Thai Huu T, and the defendant, Lottery One Member Limited Liability Company A.

- Precedent situation:

The lottery company's rules for participating in prizes determine the time limit for paying prizes for winning lottery tickets, calculated in days.

- Legal solutions:

In this case, the Court must determine that the first day of the time limit shall not be calculated but shall be calculated from the day immediately preceding the date determined according to the provisions of Clause 2 of Article 147 of the Civil Code 2015; The last day of the bonus payment period is determined according to the provisions of Article 148 of the Civil Code 2015;.

5. Precedent 61/2023/AL on termination of adoption when the adopted child is a minor

- Source of Precedent:

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 "Request to terminate adoption", the requester is Mr. Tran Cong T, and the people with related rights and obligations are Mr. Nguyen Thanh H and Ms. Tran Thi Thao T1.

- Precedent situation:

The biological father, biological mother, adoptive father, and adoptive mother agree to hand over the adopted minor child to the biological father and biological mother for continued care and upbringing; The adopted child wishes to return to live with the biological father, biological mother, and adoptive father, and the adoptive mother requests to end the adoption.

- Legal solutions:

In this case, the Court must accept the request to terminate the adoption.

6. Precedent 62/2023/AL on the time to begin implementing the obligation to support minor children in a dispute over determining paternity

- Source of Precedent:

Appeal judgment No. 07/2018/HN-PT dated March 22, 2018 of the People's Court of Binh Phuoc province on the marriage and family case "Determining paternity and child support" between the plaintiff, Ms. Le Thi D, and the defendant, Mr. Trinh Vinh C.

- Precedent situation:

After the child was born, the mother sued to determine that the defendant was the biological father of the child and requested that the defendant fulfill the obligation to support the minor child. The court determined that the defendant was the biological father of the child and had the obligation to support the child.

- Legal solutions:

In this case, the Court must determine the period of support for a minor child calculated from the time the child is born.

7. Precedent 63/2023/AL on reviewing administrative decisions related to complained administrative acts

Source of Precedent:

Cassation Decision No. 04/2018/HC-GDT dated October 23, 2018 of the Committee of Judges of the High People's Court in Da Nang on the administrative case "Complaints against administrative decisions and administrative acts on the forced dismantling of works that violate urban order and claims for compensation caused by coercive actions" between the plaintiff, Mr. Le Huu T, Ms. Le Thi Ngoc L, and the defendant, the Chairman of the People's Committee of Ward A.

- Precedent situation:

The plaintiff files a lawsuit against administrative decisions and administrative acts related to the administrative decisions, but only administrative acts have the statute of limitations for filing lawsuits.

- Legal solutions:

In this case, the Court must resolve the request to sue for an administrative act and has the right to consider the legality of the administrative decision related to the administrative act being sued.

Note:

- People's Courts and Military Courts are responsible for researching and applying precedents in trials starting March 27, 2023.

- The application of precedent is carried out according to the instructions in Article 8 of Resolution 04/2019/NQ-HDTP dated June 18, 2019 of the Council of Judges of the Supreme People's Court on the process of selecting, publishing, and applying precedents.

Decision 39/QD-CA takes effect from the date of signing.

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