Borrowing with Intentional Non-Payment: Not Yet Criminally Prosecuted

13:23, 11/07/2024

This is the content mentioned in Document 01/GD-TANDTC of 2016, addressing several issues on criminal, criminal procedure, civil, and civil procedure matters issued by the Supreme People's Court.

The Supreme People's Court of Vietnam provides an explanation of point a, clause 1, Article 175 of the 2015 Penal Code (PC) regarding the crime of abuse of trust to appropriate property: "Borrowing, renting, or receiving property from others through contract forms ... up to the repayment deadline, despite having the conditions and ability to repay, but intentionally not repaying" as follows:

- This is a case where the law is supplemented in a way that is unfavorable to the offender compared to the provisions of the 1999 Penal Code; according to point a, clause 1, Article 1 of Resolution 109/2015/QH13, clause 2, Article 1 of Resolution 144/2016/QH13 , this provision is not applied to criminal acts occurring before amendments and supplements to certain articles of the 2015 Penal Code take effect;- If the above provision remains unchanged after the amendments to the 2015 Penal Code are promulgated, the Judicial Council of the Supreme People's Court will provide detailed guidance through a resolution.

See details in Document 01/GD-TAND issued on July 25, 2016.

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