Clarification of Certain Issues in the Adjudication of Criminal, Civil, and Administrative Cases in 2020

13:38, 10/07/2024

The Supreme People's Court has just issued Official Dispatch 89/TANDTC-PC regarding the notification of results of online answers to some issues in adjudication.

The Supreme People's Court resolves 41 issues during the process of handling Criminal, Administrative, and Civil cases, for example:

In the instance where an individual is caught selling drugs red-handed. Upon investigation, a different quantity of drugs is found hidden in their home, and the individual claims to use it both for personal use and for sale; should this person be charged with the crime of illegal drug trafficking or illegal drug possession?

In this case, the criminal responsibility must be reviewed based on the actions and subjective intent of the offender. If the acts constitute the elements of 02 crimes, consideration should be given to prosecuting for both crimes as per the regulations of the Criminal Code.

- If an individual is caught illegally selling drugs and subsequently admits to possessing drugs at home for personal use, the individual should be prosecuted for both the crime of illegal drug trafficking and illegal drug possession.- If an individual is caught illegally selling drugs and subsequently admits to possessing drugs at home intending to sell, the total quantity of drugs should be accumulated to prosecute for the crime of illegal drug trafficking according to the provisions of the Criminal Code.

Details of the resolutions can be found in Official Dispatch 89/TANDTC-PC issued on June 30, 2020.

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