Headlines 22/06/2019 13:43 CH

Judicial precedents are applied in legal proceedings 30 days from release date

Thu Linh

Recently, the Judicial Council of the People's Supreme Court has issued the Resolution No. 04/2019/NQ-HDTP superseding the Resolution No. 03/2015/NQ-HDTP on procedures for selection, release and application of judicial precedents.

Judicial precedents will be studied and applied in legal proceedings 30 days from release date.

(Compared to the current regulation stating “Judicial precedents will be studied and applied in legal proceedings 45 days from release date or as specified in the decisions on release of judicial precedents").

In addition, the Resolution provides detailed instructions on cases in which the Court may apply judicial precedents to the followings:

- Numbers and titles of judicial precedents, legal situations and solutions existing in judicial precedents, legal situations of cases to be currently dealt with must be cited and analyzed in the section "Court's comments";  

- As the case may be, there may be an option of citing all or part of contents of a judicial precedent in order to clarify the Court's view on adjudication or handling of similar cases.

The Resolution No. 04/2019/NQ-HDTP will enter into force on July 15, 2019.

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