• Effective: Partially Invalidated
  • Effective Date: 03/06/2003
THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT
Number: 02/2003/NQ-HĐTP
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Ha Noi , April 17, 2003

 

This Resolution guides a number of factors being crime- or penalty bracket-determining elements, concretely:

- The factor "causing minor permanent maim to the victims" prescribed at Point b, Clause 1, Article 104 of the Penal Code;

- The definition "weapons or other dangerous means or tricks" prescribed at Point d, Clause 2, Article 133 of the Penal Code;

- The determination of the value of counterfeit money, treasury bills and/or bonds for forcing persons who make, store, transport or circulate counterfeit money, treasury bills and/or bonds to bear penal liabilities according to Article 180 of the Penal Code;

- Factors "causing serious damage," "causing very serious consequences" and "causing particularly serious consequences" prescribed in Article 202 of the Penal Code;

- Factors "causing serious consequences" and "causing serious obstruction to traffic" prescribed in Article 245 of the Penal Code;

- Factors "of great value" and "of very great or particularly great value" prescribed in Article 248 of the Penal Code;

- Factors "on a large scale" and "illegally gaining big, very big or particularly big profits" prescribed in Article 249 of the Penal Code.

This Resolution also prescribes penal liabilities in a number of specific cases:

- Penal liabilities for offenders being hotels' or inns' owners or managers who call prostitutes for lodgers to conduct prostitution activities;

- Penal liabilities for those who commit drug-related crimes in some specific cases;

- Penal liabilities for those who commit the crime of illegal motorbike or car racing, causing the loss of life or serious damage to health and property of other people.- (Summary)

RESOLUTION No. 02/2003/NQ-HDTP of April 17, 2003 guiding the application of a number of provisions of the Penal Code

Chief Judge

(Signed)

 

Nguyen Van Hien

 

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