Guidelines on Criminal Prosecution for Gambling Offenses During the Transitional Period

11:58, 11/07/2024

To be specific: according to Official Dispatch 80/TANDTC-PC dated March 29, 2016, on the handling of illegal gambling under 5 million VND, any act of gambling in any form that involves winning or losing money or goods under 5 million VND and falls under one of the following cases:

- Have not been administratively sanctioned for this act or for organizing gambling.

- Have not been convicted of gambling or organizing gambling.

- Have been convicted of gambling or organizing gambling but the conviction has been expunged.

Handled as follows:

- From December 09, 2015 to the end of June 30, 2016: if the case is in the trial stage, the Court must hold a hearing and base on Article 25 of the 1999 Penal Code to exempt the offender from criminal liability (TNHS).

- From July 01, 2016: if the violation is newly discovered, investigated, prosecuted, and tried, the 2015 Penal Code shall be applied to declare the defendant not guilty and dismiss the case.

Additionally, the Court must clearly state in the decision and judgment the reason for the exemption from TNHS and case dismissal being due to the State's new humanitarian criminal policy.

Those exempted from TNHS and whose cases are dismissed in the above-mentioned cases do not have the right to claim damages according to the Law on State Compensation.

More details can be found in Official Dispatch 80/TANDTC-PC.

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