RESOLUTION OF JURISDICTION BOARD OF THE ULTIMATE PEOPLE’S COURT

Guidance on the application of a number of provisions of the Criminal Code

JUSTICE OF THE ULTIMATE PEOPLE’S COURT

Pursuant to the Law on Organization of the People’s Courts;

To correctly and consistently apply provisions of the Criminal Code (hereinafter abbreviated to the Penal Code);

After obtaining the unanimous opinion of the Head of the Supreme People’s Procuracy and the Minister of Justice;

RESOLUTION:

1. Regarding the circumstances “the offender voluntarily corrects, compensates for damage and remedies the consequences” specified at Point b, Clause 1, Article 46 of the Penal Code

1.1 The fact that “the offender voluntarily repairs, compensates for damage, and remedies the consequences” is also applicable if it falls into one of the following cases:

a) The defendant is a person aged full 14 but under 15 years old when committing the crime and their parents voluntarily repair, compensate for damage, and overcome consequences caused by the defendant’s criminal acts;

b) The defendant is a person aged full 15 years but under 18 years old when committing the crime and their parents voluntarily repair, compensate for damage, and overcome consequences caused by the defendant’s criminal acts, if the defendant has no property;

c) The defendant (regardless of being an adult or a minor) or the minor defendant’s parents voluntarily use money and property to repair, compensate for damage, or remedy consequences. caused by the defendant’s criminal acts, but the victim, the civil plaintiff or their legal representative refuses to accept, if such money or property has been assigned to the proceeding agency, the judgment enforcement agency or other competent agency manages to repair, compensate for damage, and overcome consequences caused by the defendants’ criminal acts;

d) The defendant (regardless of being an adult or a minor) or the minor defendant’s parents present evidence proving that they voluntarily used money or property to repair, compensate for damage and remedy the consequences caused by the defendant’s criminal acts, but the aggrieved person, civil plaintiff or their legal representative refused to accept and they gave such money or property go home to store ready to make compensation when required;

dd) The defendant has no property to compensate for but positively affects, requesting a parent or other person (wife, husband, children, brother, sister, friend …) to repair or compensate. damage, overcoming consequences and these persons have done the repair, compensate for the damage, overcoming the consequences caused by the criminal acts of the defendants;

e) Defendants are not responsible for repairing, compensating for damage, overcoming consequences caused by their criminal acts (for example, compensation for damage is under the responsibility of the owner of the source of extreme danger) but voluntarily use their money or property to repair, compensate for damage, overcome consequences or have positively impacted, request parent or other person to repair, compensate for damage, overcome results (if the defendant has no property to compensate) and these persons have performed the repair, compensation for damage, overcoming the consequences caused by the defendant’s criminal acts.

1.2. For the cases guided at Points dd and e, sub-section 1.1, section 1, the defendant fails to influence, request parent or other person to repair, compensate for damage, remedy the consequences, If these persons have voluntarily repaired, compensated for damage, and overcoming consequences caused by their criminal acts, the defendant is only entitled to extenuating circumstances specified in Clause 2, Article 46 of the Penal Code.

2. Regarding the details of “crimes against children, pregnant women or the elderly” specified at Point h, Clause 1, Article 48 of the Penal Code

2.1. Only applying “crimes against children, pregnant women, the elderly” to cases of intentional crimes, regardless of whether the defendant’s subjective consciousness is aware or not. and identify abused persons as children, pregnant women, and the elderly.

2.2. “Child” is defined as a person under the age of 16 under the provisions of Article 1 of the Law on Child Protection, Care and Education.

2.3. “Pregnant woman” is determined by evidence proving that the woman is pregnant, such as: the defendant and everyone can see, or the defendant hears or knows from various sources. about the woman who is pregnant. In the fact that it is difficult to know whether the woman is pregnant or not between the defendant’s and the victim’s testimony about this, to determine if the woman is pregnant or not. base on the conclusion of the medical professional agency or the assessment.

2.4. “Elderly” is defined as a person aged 70 years and over.

3. Regarding some details as provided for in Clause 1, Article 104 of the Penal Code

3.1. The details of “using dangerous weapons” are specified at Point a, Clause 1, Article 104 of the Penal Code

“Using dangerous weapons” specified at Point a, Clause 1, Article 104 of the Penal Code is the case of using dangerous weapons or means under the instructions in sub-sections 2.1 and 2.2, section 2, Part I of the Resolution No. 02/2003 / NQ-HDTP dated April 17, 2003 of the Judicial Council of the Supreme People’s Court to intentionally cause injury or harm to the health of others.

For example: According to the guidance at Point a, sub-section 2.2, Section 2, Part I, Resolution No. 02/2003 / NQ-HDTP dated April 17, 2003 of the Council of Judges of the Supreme People’s Court, sharp knives are a dangerous means. and has been used by A to cause injury to B, in the case of “using a dangerous weapon”.

3.2. The details of “crimes against many times against the same person or against many people” specified at Point c, Clause 1, Article 104 of the Penal Code

a) “Committing the crime more than once against the same person or against many people” as provided for at Point c, Clause 1, Article 104 of the Penal Code is understood as a case of intentionally causing injury or causing harm to the health of a person. two or more times or two or more people (maybe once, maybe many times for each person) and in such times, there has never been any administrative punishment, disciplinary action or criminal prosecution. the and the statute of limitations for administrative handling, discipline or criminal prosecution has not yet expired. The application of details of “repeated offenses against the same person or against many persons” to adjudicate the defendants under Clauses 1, 2 or 3, Article 104 of the Penal Code shall comply with the instructions at Point b, c and d of this subsection 3.2.

b) Only applying the details of “multiple crimes against the same person or against many people” as provided for at Point c, Clause 1, Article 104 of the Penal Code to adjudicate the defendant under Clause 1, Article 104 of the Penal Code in the cases The following:

b.1) Deliberately inflicting injury on or causing harm to the health of a person two or more times with an infirmity rate of less than 11% each, but the total infirmity rate of all times is 11% or more up.

In cases in that time only once the infirmity rate is from 11% to 30%, and in other times the infirmity rate is below 11%, the defendant will only be tried according to Clause 1, Article 104 of the Penal Code.

b.2) Willfully inflicting injury on or causing harm to the health of two or more people (maybe once, maybe many times for each person) with each infirmity rate below 11%, but the total the infirmity rate of all times was 11% or more.

In cases where there is only one person at a time, the infirmity rate is from 11% to 30%, and in other times the infirmity rate is below 11%, the defendant will only be tried according to Clause 1, Article 104 of the Penal Code. .

c) Only applying the circumstances of “repeated crimes against the same person or against many persons” as provided for at Point c, Clause 1, Article 104 of the Penal Code to adjudicate the defendant under Clause 2, Article 104 of the Penal Code in the cases The following:

c.1) Deliberately causing injury or causing harm to the health of a person twice or more with at least two times the infirmity rate of between 11% and 30%.

In cases in that time only once the infirmity rate is from 31% to 60%, and in other times the infirmity rate is below 31%, the defendant will only be tried according to Clause 2, Article 104 of the Penal Code.

c.2) Deliberately inflicting injury on or causing harm to the health of two or more people (maybe once, maybe many times for each person), including at least two people and each person once billion The infirmity rate ranges from 11% to 30%.

In cases where there is only one person at a time, the infirmity rate is between 31% and 60%, and in other times the infirmity rate is below 31%, the defendant will only be tried according to Clause 2, Article 104 of the Penal Code. .

d) Only applying the details of “repeated crimes against the same person or against many people” as provided for at Point c, Clause 1, Article 104 of the Penal Code to adjudicate the defendant under Clause 3, Article 104 of the Penal Code in the cases The following:

d.1) Deliberately inflicting injury on or causing harm to the health of a person twice or more with at least two times the infirmity rate of between 31% and 60%.

In cases in that time only once the infirmity rate is 61% or more, and in other times the infirmity rate is below 61%, the defendant will only be tried according to Clause 3, Article 104 of the Penal Code.

d.2) Intentionally inflicting injury on or causing harm to the health of two or more people (maybe once, maybe many times for each person), including at least two people and each person once billion The infirmity rate ranges from 31% to 60%.

In cases where there is only one person at a time, the infirmity rate is 61% or more, and in other times the infirmity rate is below 61%, the defendant will only be tried according to Clause 3, Article 104 of the Penal Code.

3.3. The details “for their teachers or teachers” are specified at Point e, Clause 1, Article 104 of the Penal Code

a) Only apply details “to their own teachers or teachers” specified at Point e, Clause 1, Article 104 of the Penal Code to adjudicate defendants under Clause 1, Article 104 of the Penal Code when the following conditions are fully met. :

a.1) The victim must be a teacher or teacher who has been or is teaching on a payroll basis or under a contract at an agency or organization that has the function of education, training or vocational training. authorized state authority;

a.2) Intentionally inflicting injury on or causing harm to the victim’s health due to the performance of their duties of education, training and vocational training against the defendant, regardless of whether such task has been performed or being done and regardless of the duration or duration;

a.3) The victim’s infirmity rate is below 11%.

b) Only apply details “to their own teachers or teachers” specified at Point e, Clause 1, Article 104 of the Penal Code to adjudicate the defendants under Clause 2, Article 104 of the Penal Code when the following conditions are fully met. :

b.1) The conditions are guided at Points a.1 and a.2 of this sub-section 3.3;

b.2) The victim’s injury rate ranges from 11% to 30%.

c) Only apply details “to their own teachers or teachers” specified at Point e, Clause 1, Article 104 of the Penal Code to adjudicate defendants under Clause 3, Article 104 of the Penal Code when the following conditions are fully met. :

c.1) Conditions guided at Points a.1 and a.2 of this sub-section 3.3;

c.2) The victim’s injury rate ranges from 31% to 60%.

4. Regarding the circumstances of “repeated crimes” as provided for at Point c, Clause 2, Article 254 of the Penal Code

4.1. The fact that “committing crimes more than once” is applied only to a sex worker in one of the following cases:

a) Containing prostitutes (irrespective of the location or at different locations) one or more couples buying and selling sex two or more times for different periods of time (regardless of the length of time or short);

b) Containing prostitutes with two or more sex workers independently of each other in the same period of time;

c) Containing prostitution with one person buying and selling sex with two or more people during different periods of time.

4.2. Not considered to be committing multiple crimes in the following cases:

a) Containing prostitution for a couple of sex workers for a continuous period of time;

b) Containing prostitutes more than one person (a group) buys and sells sex together, but only one of them or some of them or all of them have agreed to deal with the sex worker to pay one-time rental of a place and vehicle and the sale and purchase of sex for the same period of time.

5. Regarding the details of “professional crimes” specified at Point b, Clause 1, Article 48 and a number of articles in the Criminal Section of the Penal Code

5.1. Only the details of “professional crime” are applied when the following conditions are fully satisfied:

a) Deliberately committing five or more offenses with regard to the same crime, irrespective of the prosecution of criminal liability or no criminal prosecution, if the statute of limitations has not yet expired or not have criminal records removed;

b) The offenders all take the offenses as a livelihood and take the results of the crime as the main source of life.

Example: A is a person without a job, specializing in living off income from crime. In a period of time, A consecutively commits five property thefts (property appropriated in each case is valued at five hundred thousand dong or more). In this case, A is examined for penal liability and must be subject to the fact that framing the penalty “professional crime”.

5.2. When applying the “professional crime” circumstances, it is necessary to distinguish:

a) For offenses of five or more times in which one crime has been convicted and the criminal record has not been wiped out, depending on each specific case, all three offenders may apply.The details are “repeated offenses”, “recidivism” (or “dangerous recidivism”) and “crimes of a professional nature”.

Example: B has been convicted of “property theft”, but has not yet served the penalty or after serving the penalty, B has committed four consecutive thefts of property for a while ( property appropriated in each case is valued at five hundred thousand dong or more). In this case, B must be criminally prosecuted and subject to threeAggravating circumstances are “recidivism”, “recidivism” (or “dangerous recidivism”) and “crimes of a professional nature”.

b) For a crime for which a “professional crime” is specified in the law as a penalty-framing circumstance, the relevant aggravation of the circumstances specified in Article is not applicable. 48 of the Penal Code. In case the law does not provide this detail as a penalty-framing circumstance, the corresponding aggravating fact specified in Article 48 of the Penal Code shall be applied.

6. Regarding the details “which have been administratively sanctioned for this act but still violate” provisions of a number of articles of the Penal Code

6.1. For crimes in which the law specifies the details “have been administratively sanctioned but still violated” and have been guided in legal documents of the competent agency, follow the instructions of those documents.

6.2. For crimes in which the law specifies the details “have been administratively sanctioned for this act but still commit” but without the guidance of the competent agency, the distinction is as follows:

a) For the law providing for a crime (single crime), “has been administratively sanctioned for this act but still committed” is that a person has previously been administratively sanctioned for one of the listed acts. listed in the crime by one of the sanctioning forms in accordance with the law on handling of administrative violations, but the time limit has not yet expired to be considered as having not been sanctioned for administrative violations but one of the the conduct listed in that offense.

Example: A has been administratively sanctioned for placing an obstacle on a railway to obstruct railway traffic, has not yet expired to be considered as having not been administratively sanctioned, A again performed one of the the acts (placing obstacles on the railway; moving the track, sleepers; drilling, digging, illegally cutting the railway platform, illegally opening the railroad crossing …) specified in Article 209 of the Penal Code to prevent rail traffic return.

b) For the law providing for many different crimes (compound crime), “has been administratively sanctioned for this act but still commits violation” means that a person has previously been administratively sanctioned for one of the acts. listed in a crime in that law by one of the sanctioning forms in accordance with the law on handling of administrative violations, but the time limit has not yet expired to be considered as having not been sanctioned for administrative violations. again commits one of the acts listed in that offense (not including acts listed in other offenses also in that law).

Example: Article 164 of the Penal Code provides for the crime of making fake stamps, fake tickets, trading in fake stamps and fake tickets. In case B has been administratively sanctioned for the act of making forged stamps, the time limit is not considered to be administratively sanctioned, and B has made a fake ticket again, it will be regarded as “having been administratively sanctioned for the act. This but also “violation; If B only sells fake stamps and tickets, it is not considered “administratively sanctioned for this act but also commits a violation”.

7. Regarding the details “have been sentenced for this crime, the criminal records have not been erased but also violated” provisions of a number of articles of the Penal Code

7.1. For the law providing for a crime (single crime), “have been convicted of this crime, the criminal record has not been erased but still the offense”A person has previously been convicted of a crime and has not had a criminal record but has committed one of the acts listed in that offense.

Example 1: A was convicted of fraudulent advertising under Article 168 of the Penal Code. After being released from prison, the criminal record has not been removed. A again commits the actadvertising lies.

Example 2: B has been convicted of violating the regulations on land use in accordance with the provisions of Article 173 of the Penal Code, has not had his criminal record removed, B again commits one of the acts (encroachment on land or transfer of land use rights or land use in contravention of the State’s regulations on land management and use) as provided for in Article 173 of the Penal Code.

7.2. For the law stipulating many different crimes (compound crime), “have been convicted of this crime, the criminal record has not been removed but also committing the offense” isa person has been previously convicted of an offense under that law, has not had his criminal record expelled but has committed one of the acts listed in that offense (not including the acts listed in the other offenses also. at that law).

Example: C was convicted of illegally buying and selling supporting tools as prescribed in Article 233 of the Penal Code, and after being released from prison, C has not yet had his criminal records removed, C again commits the act of illegally manufacturing raw weapons. In the same case, the provisions of Article 233 of the Penal Code do not fall into the case of “having been convicted of this crime, the criminal record has not been removed but also committing the offense”.

7.3. When applying the fact “which has been convicted of this crime, the criminal record has not been erased but the violation is still applied”, it is necessary to distinguish:

a) If the defendant’s criminal records have been considered as signs constituting a crime “have been convicted of this crime, have not had their criminal records removed but are still committing the offense”, such criminal records shall not be counted for determination. recidivism, dangerous recidivism for the defendant.

For example: D is a person who has two convictions of property appropriation (both can be for theft of property, possibly for theft of property and fraud to appropriation of property). After being released from prison, if criminal record D has not been erased, and property theft with value of less than five hundred thousand VND, in this case, in this case, two previous convictions of property appropriation are considered as signs constituting the crime ” have been convicted of the crime of appropriation, the criminal record has not been erased, but also committed “to prosecute the criminal liability D under Clause 1, Article 138 of the Penal Code without being counted for determining the recidivism or dangerous recidivism D.

b) Where the defendant’s criminal convictions are not considered as signs constituting a crime “have been convicted of this crime, have not yet deleted the criminal record but also the offense” because the defendant’s criminal acts have been sufficient. For the elements constituting the crime, the defendant’s criminal records must be calculated to determine the recidivism or dangerous recidivism.

Example 1: H was convicted of “fraud and appropriation of property”, has not completed the penalty, H steals property valued at four hundred thousand dong and causes serious consequences. In this case, the criminal record of “fraud to appropriate property” must be calculated to determine the recidivism, dangerous recidivism for H.

Example 2: K has two criminal records of “intentionally causing injury” and “robbery of property”, both of which have not yet been erased and the criminal records of theft of property valued at three hundred fifty thousand dong. In this case, the criminal record of “property robbery” shall be considered as a sign of “having been convicted of the crime of appropriation of property, the criminal record has not been deleted but also the violation” to determine the crime of the time. property theft. And the criminal record of “intentionally causing injury” must be calculated to determine the recidivism, dangerous recidivism for K.

8. On the crime of “failing to abide by administrative decisions of competent State agencies on sending to education establishments, medical treatment establishments or administrative probation” as provided for in Article 269 of the Penal Code

8.1. Considered “intentionally disobeying administrative decisions of competent state agencies on sending to educational establishments, medical treatment establishments or administrative probation” if the person is subject to administrative decisions have one of the following behaviors:

a) Failure to comply with the administrative decision after it is received in accordance with the law;

b) Absconding from their residence places to avoid the execution of administrative decisions;

c) Run away after being taken to a storage place to be taken to an educational institution or medical facility;

d) Flee after being sent to an educational institution or medical facility or run away from administrative probation.

8.2. “Necessary coercive measures” are the measures allowed by law and specified in legal documents such as: administrative penalties for non-compliance with administrative decisions of the agency. the State has the authority to appoint educational institutions, medical treatment establishments, and administrative probation; organize the retrieval and retention of escaped cases … to force those who have intentionally not to abide by administrative decisions of the competent state agencies on the commissioning. Departments of education, medical treatment, and administrative probation must abide by those decisions.

In case a person is executing administrative decisions at an educational institution, medical treatment facility or administrative probation but during the execution, such person commits acts of violating the rules of the educational institution or institution medical treatment, administrative probation and disciplinary action, those times of disciplinary action are not considered to have been subjected to the necessary coercive measures to examine them for criminal liability under Article 269. of the Penal Code.

9. Regarding the determination of criminal liability for gambling offenders specified in Article 248 of the Penal Code

9.1. Gambling is understood as many people (at least two or more) participating in the below behaviorany form for the purpose of losing money or in kind. When determining the criminal liability to a gambler, it is not the total amount or in-kind value of gambling used for all gambling, but must be based on each gambling time to consider; As follows:

a) In case the total amount or value of kind used for gambling of each gambling time is below the minimum level for criminal prosecution (under one million dong as guided in sub-section 6.3, section 6, part I of the Decree) Decision No. 02/2003 / NQ-HDTP dated April 17, 2003 of the Council of Judges of the Supreme People’s Court) and not in one of the other cases to prosecute criminal liability (has been administratively sanctioned for the acts specified in Articles 248 and 249 of the Penal Code or having been convicted of one of these crimes, the criminal records have not been erased but still committing the violation), the gambler shall not be held criminally ;

b) In case the total amount or value of kind used for gambling of any gambling time is equal to or above the minimum level for criminal prosecution (from one million VND or more under the guidance in Resolution No. 02 stated above) the gambler is subject to criminal prosecution for such gambling;

c) In case of gambling more than twice and the total amount of money or kind used for gambling of each gambling time is equal to or above the minimum level for criminal prosecution, the gambler must be prosecuted. criminal liability for gambling with aggravating circumstances “repeated offenses” specified at Point g, Clause 1, Article 48 of the Penal Code;

d) In case of gambling from five times or more with the total amount and value of kind used for gambling of each gambling time equal to or above the minimum level for criminal prosecution and taking money and in kind due to the gambling If gambling is the main source of life, gamblers must be prosecuted for gambling criminal liability with the “professional” framing circumstances specified at Point a, Clause 2, Article 248 of the Penal Code.

9.2. When examining criminal liability, people who gamble in the form of lottery games, soccer betting, horse racing … need to distinguish:

a) One time to play a number of problems, once to bet on a soccer ball, once to bet on a horse race … (to count as one gamble) is understood as participating in a lottery, betting in a match. football, betting in a horse racing … in which players can play in multiple rounds. Criminal liability determined to a player once gambling in these circumstances is the total amount and value of in-kind used to play in those bets.

Example: At the 46th horse racing, held on April 6, 2006, between 9:00 and 11:00, A had made three bets, only considered A had gambled once in this race. with the total bet amount of all three bets; If the total betting amount for all three rounds is from one million dong to less than ten million dong, A must be examined for penal liability according to Clause 1 Article 248 of the Penal Code. It should be noted that if the betting amount in each round is from one million VND or more, in this case, the aggravating circumstances of the crime multiple times specified at Point g, Clause 1, Article 48 of the Penal Code shall not be applied.

b) The sum of money or in kind value of the player, the soccer bet, the horse race bet … for many people is the sum of money, the value of in kind that they and other players use to gamble.

Example: B is the topic of five different players, each player deals with twenty thousand dong; If the ratio is 1/70 (1 to 70), the amount used to gamble is determined as follows:

– A player’s gambling money dealt with B will be defined as one million four hundred and twenty thousand dong [20,000 coins of a player used to gamble + (20,000 dong x 70 times) B’s money gamble with that player = 1,420,000 dong)].

– B’s money for gambling with five players is seven million one hundred thousand dong (1,420,000 dong of B’s ​​money for gambling with one player x 5 players = 7,100,000 dong).

10. Regarding the determination of criminal liability to minors from full 14 years old to under 16 years old who illegally buy and sell narcotics many times

10.1. Minors from full 14 years old to under 16 years old who illegally buy and sell narcotics more than two times, if the total weight of narcotic substances of the combined times is below the minimum or unidentifiable The total weight of narcotics at all times reaching the minimum levels specified at Points g, h, i, k, l, m, n or o, Clause 2, Article 194 of the Penal Code, they are not liable for criminal liability. crime of illegal trafficking in drugs.

10.2. Minors aged between full 14 and under 16 years old who illegally buy and sell narcotics two or more times, if the total weight of narcotic substances of the combined times is from the minimum level specified at the points g, h, i, k, l, m, n or o, Clause 2, Article 194 of the Penal Code or more, depending on the weight of the drug substance identified in each specific case, they must be adjudicated in accordance with paragraph respectively (2, 3 or 4) specified in Article 194 of the Penal Code. However, it is necessary to distinguish:

a) In case a minor from full 14 years old to under 16 years old engages in illegal trading of narcotics twice or more and the narcotic substance weight of each time falls under the case specified at Point g , h, i, k, l, m, n or o Clause 2 Article 194 of the Penal Code, depending on the type of narcotic substance, they must be subject to the corresponding point and point b “committing multiple crimes” as prescribed in Clause 2 Article 194 of the Penal Code.

b) In case a minor from full 14 years old to under 16 years old illegally buys and sells narcotics twice or more and the narcotic substance weight of each time falls under the case specified in Clause 3 or Clause 4, Article 194 of the Penal Code, together with being tried according to the corresponding clause, they must also be subject to the application of the details of “committing crimes many times” as provided for at Point g, Clause 1, Article 48 of the Penal Code.

11. Regarding the decision on imprisonment penalty for juveniles from full 14 years old to under 18 years old who commit crimes

11.1. When deciding on the imprisonment penalty for juvenile offenders, the following actions are required:

a) Determination of the penalty level commensurate with the nature and seriousness of the offense as in the case of an adult offender;

b) Where the juvenile offenders are from full 16 years old to under 18 years old, the penalty applicable to them is 3/4 of the penalty applied to juvenile offenders determined in the direction of referred to at point a of this subsection 11.1;

c) Where the juvenile offender is a person from full 14 years old to under 16 years old, the penalty applicable to them is 1/2 level of the penalty applicable to juvenile offenders determined in the direction of referred to at point a this subsection 11.1.

Example: If A is a minor committing “illegally transporting narcotics” in the case specified in Clause 3, Article 194 of the Penal Code, with a penalty frame of between 15 years and 20 years of imprisonment, first of all, see A. are adult offenders. Because there are many extenuating circumstances and Article 47 of the Penal Code is applied, if A is an adult, trial A of 12 years imprisonment is satisfactory. Since A is a minor, if A is from full 16 years old to under 18 years old, the penalty for A is 9 years in prison (3/4 of 12 years); If A is from full 14 years old to under 16 years old, the penalty for A is 6 years imprisonment (1/2 of 12 years imprisonment).

11.2. When deciding on the imprisonment penalty for juvenile offenders, it is necessary to distinguish:

a) In the case according to the calculation specified in sub-section 11.1, section 11, the imprisonment penalty determined for juvenile offenders is lower than the minimum level of termed imprisonment (three months). then it is necessary to apply a different kind of punishment that is lighter for them but cannot be sentenced to imprisonment of less than three months.

b) If according to the calculation guided in sub-section 11.1, section 11, the imprisonment penalty level is determined for juvenile offenders with a non-full date balance, only the imprisonment penalty should be imposed. equal to the full month without taking the balance of the day.

12. Effect of the Resolution

12.1. This Resolution was passed on May 12, 2006 by the Council of Judges of the Supreme People’s Court and takes effect 15 days after its publication in the Official Gazette.

12.2. This Resolution applies to first-instance trial, appellate trial, cassation or reopening trial for persons committing criminal acts before the effective date of this Resolution. In cases where the previous guiding documents are subject to criminal liability, but according to this Resolution, they are not liable for criminal liability, the Court shall apply Clause 1, Article 25 of the Penal Code to exempt the criminals from penal liability. sin. In this case, the Court needs to explain to them that due to changes in the situation, their behavior is no longer dangerous to society, so they are exempt from criminal liability, not that they are unjustly criminal prosecutors cause; therefore,

12.3. In cases where the offenders have been properly convicted in accordance with the previous guiding documents and the sentences have taken legal effect, this Resolution shall not be used to protest according to cassation and reopening procedures. appraisal, unless there are other grounds for appeal; If according to this Resolution, they are not liable for criminal liability, they will be handled according to the penalty execution exemption procedure.