Guidance on the Application of the Criminal Code 2015 and Resolution 41

Thuy Phu

18:49, 10/07/2024

Official Dispatch 04/TANDTC-PC provides guidance on the application of the effective enforcement of the Penal Code 2015 (PC 2015) and Resolution 41/2017/QH14 recently issued by the Supreme People's Court.

Effective from January 1, 2018, when adjudicating at first instance, appellate, cassation, retrial, and executing criminal judgments, it is necessary to apply the 2015 Penal Code. The People's Court at all levels should note:

- All provisions of the 2015 Penal Code are applied to prosecute, investigate, prosecute, adjudicate, and execute judgments against persons committing criminal acts from 00:00 January 1, 2018.- The provisions on abrogating crimes, aggravating, reducing or exempting criminal liability, etc., and provisions beneficial to offenders apply to criminal acts committed before 00:00 January 1, 2018, which are discovered afterwards or are currently under prosecution, adjudication, etc.- Crimes divided from composite crimes, if beneficial to the offender, are applied to acts committed before 00:00 January 1, 2018, and if disadvantageous, apply provisions effective before January 1, 2018.

View the full content of the guidance in Official Dispatch 04/TANDTC-PC dated January 9, 2018.

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