Headlines 18/04/2019 11:41 SA

Answer 20 questions about civil, criminal and administrative situations

Ngọc Nhi

Recently, by the Official Dispatch No. 64/TANDTC-PC dated April 3, 2019, the Supreme People’s Court has answered questions about criminal, civil and administrative proceedings, specifically as follows:

- Answering 09 questions about criminal situations, typically including:

+ How can the fact “has already compensated for a part of civil obligations” stated in clause 1 of Article 63 in the Penal Code be understood?

+ In case the specific date, time and minute of birth of the accused are identified, the age at which the accused is legally liable for his/her crime will be based on his/her birth date or the day, time and minute of birth?, etc.

- Answering 06 questions about civil situations, typically including:

In a trial court, if the plaintiff withdraws all claims, is the plaintiff liable for the court fee?

Till the date of holding a trial court, the plaintiff applies for withdrawal of its claims, determining whether the authority to grant the lawsuit suspension decision is accorded to the judge or the jury?

- Answering 05 questions about administrative proceedings, typically including:

+ The revision of the commune-level cadastral map is the subject of an administrative proceeding?  If not, who becomes the defendant?

+ In a trial court, if the defendant changing or annulling the administrative decision is subject to a lawsuit but the claimant does not withdraw his/her statement of claim, is it right when the court dismisses such claim on the grounds that the subject of administrative proceeding no longer exists? 

For more details, see answers given in the Official Dispatch No. 64/TANDTC-PC of the Supreme People’s Court.

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