COUNCIL OF JUSTICES
SUPREME PEOPLE’S COURT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 45/TANDTC-PC
Re: Trial for criminal
offences against regulations on prevention and control of Covid-19 pandemic
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Hanoi, March 30, 2020
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To:
- Executive judges of
People’s Courts at all levels;
- Executive judges of Military Courts at all levels;
- Heads of units of Supreme People’s Court.
In order to contribute to
the effort to control Covid-19 pandemic, Council of Justices of Supreme
People's Court hereby provides guidance on application of laws and trial for
common criminal offences against regulations of law on epidemic prevention and
control (hereinafter referred to as “epidemic control offences”):
1. Determination of
offences according to the Criminal Code
1.1. When a person who
has been informed that he/she is a confirmed case of Covid-19 infection
(hereinafter referred to as “confirmed case”, is suspected of Covid-19
infection (hereinafter referred to as “suspected case”) or returns from an
affected area and is requested to quarantine commits one of the following
actions and subsequently transmits Covid-19 to another person, he/she will face
a charge of “spreading dangerous infectious diseases in human” according to
Point c Clause 1 Article 240:
a) Breaking out of the
quarantine area;
b) Failure to comply with
quarantine regulations;
c) Refusing or avoiding
quarantine or enforcement of quarantine;
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1.2. When a person who is
not a confirmed case of Covid-19 infection and living in an area that has to be
put into quarantine or lockdown under an official decision commits one of the
following actions and subsequently causes a loss of 100.000.000 in epidemic
control expense or above, he/she will face a charge of “violation against
regulations of law on safety in crowded areas” according to Article 295 of the
Criminal Code:
a) Breaking out of the
area being put in quarantine or lockdown;
b) Failure to comply with
quarantine regulations;
c) Refusing or avoiding
quarantine or enforcement of quarantine;
d) Failure to make or
truthfully make health declaration.
1.3. The owner of a
service establishment (bar, dance club, karaoke club, massage parlor, beauty
salon, etc.) who continues its operation after a competent authority or
competent person has issued a decision on business suspension serving Covid-19
control and causes a loss of 100.000.000 in epidemic control expense or above
will face a charge of “violation against regulations of law on safety in
crowded areas” according to Article 295 of the Criminal Code.
1.4. A person who posts
false information about Covid-19 situation on a computer network or
telecommunications network and causes negative reactions will face a charge of
“Illegal provision or use of information on computer networks or
telecommunications networks” according to Article 288 of the Criminal Code.
1.5. A person who
publishes personal information about health worker, a participant in Covid-19
control, a confirmed case or suspected case for the purpose of destroying that
person’s honor and dignity will face a charge of “insult to another person”
according to Article 155 of the Criminal Code.
1.6. A person who takes
advantage of Covid-19 pandemic to provide false information about the effects
of a drug or medical device to obtain another person's property will face a
charge of “obtainment of property by fraud” in Article 174 of the Criminal
Code.
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1.9. A person who uses
violence or threat of violence or otherwise obstruct a law enforcement officer
performing his/her Covid-19 control tasks will face a charge of “Resisting a
law enforcement officer in performance of his/her official duties"
according to Article 330 of the Criminal Code.
1.10. A person who has
responsibility for Covid-19 prevention and control but fails to implement or
fully implement epidemic prevention and control measures and causes serious
consequence will face a charge for “Negligence that results in serious
consequences” according to Article 360 of the Criminal Code.
2. Determination of
punishments and judicial measures
2.1. Severe punishments
shall be imposed for offences that result in serious consequences (transmitting
the disease to more than 01 person, causing death, etc.).
2.2. Fines, community
sentence or suspended imprisonment sentence shall be imposed as primary
punishments for offences that have not caused serious consequences or have
caused less serious consequences (the disease is not transmitted).
2.3. Besides the primary
punishments, the court shall consider imposing additional punishments and
judicial measures as prescribed in the Criminal Code.
3. Organization of trials
for Covid-19-related cases:
3.1. Cooperate with
investigation authority and Procuracy of the same level in applying simplified
procedures if practicable according to Article 456 of the Criminal Procedure
Code; make sure the cases that cannot apply simplified procedures are brought
to trial within ½ of the time limit specified in the Criminal Procedure Code;
3.2. Covid-19-related
trials during Covid-19 outbreak shall comply with regulations epidemic
prevention and control (not more than 10 people in the court room; people other
than these 10 people shall stay in a separate room with electronic devices (microphone,
speaker, TV, camera, etc.) to participate in the trial; each defendant may be
tried individually; maintain a distance of 2 meters between two people in the
courtroom.
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3.4. The trial process
shall be published through mass media for education purpose.
Above is guidance of
Council of Justices of Supreme People's Court on adjudication of
Covid-19-related offence. According to the epidemic situation, Council of
Justices of Supreme People's Court will continue providing guidance on uniform
application of laws.
ON BEHALF OF COUNCIL OF JUSTICES
EXECUTIVE JUDGE
Nguyen Hoa Binh