The Council of Judges of the Supreme People's Court's guidance on criminal prosecution in specific cases in Vietnam under Article 313 of the Criminal Code 2015

The Council of Judges of the Supreme People's Court's guidance on criminal prosecution in specific cases in Vietnam under Article 313 of the Criminal Code 2015

Article 5 of Resolution 02/2024/NQ-HDTP provide guidane on criminal prosecution in certain specific cases under Article 313 of the Criminal Code 2015 as follows:

- In cases where the perpetrator must comply with regulations on labor safety, labor hygiene, and safety in crowded places, but during the work process, they violate these regulations causing fires and damage, they will be prosecuted under Article 313 of the Criminal Code 2015 and not under Article 295 of the Criminal Code 2015.

Example: A is hired by B to weld the roof of Karaoke rooms. During the welding process, A does not equip a shield to block the hot metal sparks and does not supervise the welding process safely, leading to large fires from dispersed hot metal particles causing property damage of 1,000,000,000 VND. A's actions violated Section 2.2.12 of the National Technical Regulation QCVN 03:2011/BLĐTBXH on labor safety for welding machines and electric welding work. In this case, A is prosecuted under Article 313 of the Criminal Code 2015.

- In cases where the perpetrator repeatedly commits the crime, if each crime constitutes a criminal offense but has not yet been prosecuted and within the statute of limitations for prosecution, they will be subject to a penalty frame corresponding to the total damage of all offenses and an aggravating circumstance of "committing the crime two or more times" as stipulated in point g, clause 1, Article 52 of the Criminal Code 2015.

More details can be found in Resolution 02/2024/NQ-CP, effective in Vietnam from June 18, 2024.

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