Responses to problems in adjudication in criminal and civil cases in Vietnam

The Official Dispatch No. 02/TANDTC-PC has responded to problems in adjudication in criminal and civil cases in Vietnam, such as:

- In a case where a defendant committed a crime when he was under 70 years old. At the time of trial, if the defendant is over 70 years old, whether the extenuating circumstance of criminal liability for "the offender is 70 years of age or older" may be applied or not?

The provisions at point o, clause 1, Article 51 of the Criminal Code of Vietnam do not take account of whether the offender is full 70 years old or older at the time of commission of the crime or during the course of criminal prosecution. 

Therefore, in case the defendant is under 70 years old when committing the crime but during the trial he/she reaches full 70 years old or older, the Court still applies the extenuating circumstance of criminal liability for "the offender is full 70 years old or older" to him/her.

- If the user of another person's vehicle causes an accident, is the damage to this asset considered as “damage to another person”?

Damage to another person specified in Clause 1, Article 260 of the Criminal Code of Vietnam is understood as damage excluding damage to the person causing the accident and the vehicle used by that person. 

Therefore, the above case does not consider damage to the vehicle which he/she drove as "damage to another person" even though it is not his/her asset.

The Official Dispatch No. 02/TANDTC-PC issued by the Supreme People’s Court of Vietnam on August 02, 2021.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE