Resolution 04: Regulations on the Application of Case Law in Adjudication

Le Trang

17:51, 10/07/2024

Recently, the Council of Judges - Supreme People's Court has issued Resolution 04/2019/NQ-HDTTP regarding the procedure for selecting, announcing, and applying case law in adjudication.

Precedents shall be studied and applied in adjudication after 30 days from the date of publication.

During adjudication, Judges and Jurors must study and apply precedents, ensuring that cases with similar legal circumstances are resolved consistently. In cases with similar legal circumstances where the Court does not apply precedents, the reasons must be clearly stated in the Court's judgment or decision.

When the Court applies a precedent to resolve a case, the number, name of the precedent, legal situation, legal solution in the precedent, and the legal circumstances of the case being resolved must be cited and analyzed in the "Court's Findings" section.

Please note that depending on the specific case, it may be necessary to cite the entire content or a portion of the precedent to clarify the Court's adjudication viewpoint.

Refer to other regulations at Resolution 04/2019/NQ-HDTP effective from July 15, 2019.

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