No Criminal Prosecution for Gambling Acts with a Value Under 5 Million VND

12:29, 11/07/2024

According to Official Dispatch 3010/VKSTC-V14 regarding the implementation of Resolution 41/2017/QH14 on the enforcement of the Penal Code 2015, the Supreme People's Procuracy has directed not to criminally prosecute individuals who have committed acts that the Penal Code 1999 stipulates as crimes but the Penal Code 2015 does not.

To be specific: An individual whose actions were considered criminal under the 1999 Penal Code but are no longer deemed criminal due to amendments and changes in the constituent elements of the offense (according to Point d, Clause 2, Article 2 of Resolution 41).

For example: Pham Van B (without any previous criminal record) is being prosecuted for gambling with a value of 4 million VND (Clause 1, Article 248 of the 1999 Penal Code). However, Clause 1, Article 321 of the 2015 Penal Code has changed the constituent elements of the offense, stating that gambling with a value ≥ 5 million VND is subject to criminal prosecution.

Therefore, the actions of Pham Van B no longer constitute a crime, and as a result, no criminal charges will be brought against B.

See additional guidance in Official Dispatch 3010/VKSTC-V14 dated August 9, 2017.

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