Gia bitcoin hom nay 224 vn tang bt chp
The Law, which revises 44 articles of the current Penal Code and adds 13 new ones, takes effect on January 1, Crimes of infringing upon economic management order. The crime of speculation Article is added with acts of speculation in a situation of economic difficulties with a view to stabilizing the market and prices and controlling inflation. The quantitative amounts of evaded tax under Article are increased to meet practical requirements.
Gia bitcoin hom nay 224 vn tang bt chp to current regulations, the Law narrows the scope of acts of infringing upon industrial property rights liable to criminal punishment. Criminal penalties will apply only to infringing acts on a commercial scale gia bitcoin hom nay 224 vn tang bt chp those involving two subject matters of industrial property: Higher fines will be imposed on acts of infringing upon industrial property rights for inventions, utility solutions, industrial designs or other subject matters of industrial property.
Article on the crime of violating land management regulations is revised to create a legal basis for promptly applying criminal penalties to violators who gia bitcoin hom nay 224 vn tang bt chp not ever been disciplined but whose violations cause serious consequences. It consolidates three crimes of polluting the environment air, water source and soil into a crime of polluting the environment, and provides more flexible regulations on elements constituting these crimes.
Specifically, criminal measures will be taken against acts of discharging into the air or water sources or burying in soil environmental pollutants which are beyond national technical regulations on wastes to a serious extent or seriously pollute the gia bitcoin hom nay 224 vn tang bt chp or cause other serious consequences.
The crime of importing technologies, machinery, equipment, discarded materials or substances which fail to satisfy environmental protection standards Article is revised into the crime of bringing wastes into the Gia bitcoin hom nay 224 vn tang bt chp territory. Persons who take advantage of importing such things or use other tricks to bring wastes into the Vietnamese territory will be criminally handled.
The crimes of violating regulations on protection of wildlife and special protection of nature conservation zones Articles and are also revised to comply with the Law on Environmental Protection and practical conditions.
The Law increases penalties and revises crime-constituting elements defined in Articlesand of the Penal Code in pursuance to the Law on Information Technology and Government Decree No. Elements constituting the crime of transmitting harmful computer viruses or programs consist of criminal act intentionally spreading harmful computer viruses or programs ; spread objects harmful computer viruses and programs ; and handling policy criminal measures will apply to this act only when it causes serious consequences.
Aggravating circumstances causing very serious consequences, committing crimes in an organized manner, or dangerous recidivism and specially aggravating circumstances causing specially serious consequences; committing crimes related to national information infrastructure, databases classified as state secrets, security and defense, financial and banking or traffic control information, or information for the national grid administration are also specified.
With regard to the crime of obstructing or disordering operation of the computer, telecommunications or Internet network or digital equipment, the Law prescribes three groups of acts constituting this crime; four infringed objects computer network, telecommunications network, Internet gia bitcoin hom nay 224 vn tang bt chp, and digital equipment ; aggravating circumstances added with the case of committing crimes while taking advantage of the right to administer the computer, telecommunications or Internet network.
These are all new provisions compared to the Penal Code. The crime of illegally uploading onto or using information on the network consists of three acts: The Law also provides for handling measures criminal measures will apply to this act only when interests of organiza-tions or individuals are harmed or social order and safety are infringed, causing serious consequences and aggravating circumstances added with the case of gaining illegal benefits valued at VND million or more.
To further improve regulations on money laundering crimes for effectively fighting these crimes and facilitating international cooperation in anti-money laundering activities, the Law revises Article of the Penal Code by covering money laundering acts mentioned in the Convention against Transnational Organized Crime and recommendations of the Financial Action Task Force on Money Laundering.
Accordingly, the money laundering crime comprises the following four groups of acts:. The Law adds six aggravating circumstances: Under the National Assembly Resolution on enforcement of the Law, the Law will apply to investigation, prosecution, trial and enforcement of judgments for persons committing criminal acts from 0: Particularly, the provisions abolishing the death penalty for a number of crimes and not applying criminal measures to a number of acts take effect right on June 29,when the President promulgated this Law.
The Resolution also provides for the retroactive effect of a number of provisions of the Law. Thai Chi Binh, LL. Definition of summary gia bitcoin hom nay 224 vn tang bt chp. In criminal justice, different crimes are subject to different criminal procedures in order to meet the requirements of the crime prevention and combat and to protect in time the lawful rights and interests of citizens. At present, there are different viewpoints on summary procedures.
Gia bitcoin hom nay 224 vn tang bt chp, these viewpoints have the following points in common: Summary procedures are special criminal procedures without certain procedural steps as compared to the general procedures; these procedures uphold the general principles of the criminal procedure but aim to facilitate swift investigation, prosecution and adjudication; they are applicable only under certain conditions prescribed by the Criminal Procedure Code the Code ; and their application must ensure the lawful rights and interests of persons held in custody, the accused, defendants and other procedure participants.
From the above definition, gia bitcoin hom nay 224 vn tang bt chp and significance of summary procedures, we believe that it is necessary to add the definition of summary procedures in the Code in order to provide a consistent interpretation as well as a ground for stipulating in detail the application of these procedures.
Scope of application of summary procedures. According to Article of the Code, summary procedures may be applied only in the stages of investigation, prosecution and first-instance trial. Regarding the application of summary procedures to appellate trial, divergent opinions have been raised in practice.
The first type of opinion holds that the application of summary procedures in an appellate hearing would contradict the nature of appellate trials which requires review of a tried case and the trend of democratization of criminal justice in light of Resolution No. The second type of opinion finds it necessary to expand the application of summary procedures to appellate trial for the following reasons: The procedure-conducting agency must cease the application of summary procedures if there is a reason for non-application in the first-instance trial; and 3 in case the first-instance court makes an error in the application of law, it would not take much time for the appellate court to correct such error.
In case a serious violation of criminal procedure is committed, the appellate court may quash the judgment and settle the case according to the general procedures. In our opinion, non-application of summary procedures in appellate trial has compromised the significance and purpose of summary procedures. Besides, from the reality of settlement of criminal cases according to summary procedures as well as settlement of cases of less serious crimes in which offenders are caught red-handed according to general procedures, we have found that in many of these cases defendants gia bitcoin hom nay 224 vn tang bt chp appealed for lighter penalties or victims appealed for heavier penalties against offenders largely because of their resentment toward crimes.
They often could not provide additional documents or evidences to back up their appeals. When considering such appeals, appellate courts are not required to review circumstances of the cases but need to reconsider only the application of law by first-instance courts.
The non-application of summary procedures in appellate trial of these cases is unreasonable. When summary procedures are applied in appellate trial, the conditions specified in Article of the Code must also be met. On the other hand, summary procedures should not be applied in the appellate trial of all cases which have been adjudicated according to these procedures.
In addition to appeals, there may be protests of procuracies that disagree with courts on the application of substantive laws or find that courts violate criminal procedures in the trial and weighing of circumstances and evidences of cases. So, in order to improve the effectiveness of summary procedures in criminal justice, it is necessary to expand the application of these procedures to appellate trial. However, to prevent abuse of these procedures, their application in appellate trial must satisfy certain conditions.
Conditions for application of summary procedures. According to Article of the Code, summary procedures may be applied only when the following conditions are fully met: However, these conditions have shown some limitations through practical application: Clause 1, Article of the Code stipulates: It is necessary to prescribe compulsory application of summary procedures by procedure-conducting agencies rather than discretionary application under Article and Clause 1, Article of the Code.
In practice, there are many cases where an offender is not caught under urgent arrest and his crime is simple to investigate and it is easy to verify and assess circumstances and evidences of the case; or where an offender turns himself in and his crime is simple and less serious with obvious evidences.
However, such cases are ineligible for gia bitcoin hom nay 224 vn tang bt chp of summary procedures due to lack of the condition that the offender is caught red-handed. Summary procedures should be also applied in these cases provided other conditions are met. At the same time, it does not involve complicated circumstances and suspects or is not an organized one, and the case does not involve multiple crimes or is committed in only one field or in a narrow domain.
At the same time, pieces of evidence must not be contradictory and no more time is needed for examining and summarizing documents in case files or opinions of professional agencies are not required. The above explanation should be added in Clause 2 of Article for consistent application.
We find it absolutely feasible to apply summary procedures to the settlement of cases involving serious crimes because the quick and just settlement depends on the simplicity and obviousness of circumstances rather than the degree of danger of the crime. Moreover, in Vietnam crimes are categorized by the highest level of their penalty frames, not by the complexity of criminal acts. Therefore, it is necessary to apply summary procedures also to serious crimes. To satisfy this condition, such relevant identifications must be proven while other personal identification information of offenders are not required to be verified.
Personal identities and backgrounds of offenders should also be verified easily and swiftly in order to facilitate the quick settlement of cases. Decision to apply summary procedures. According to Clause 1, Article of the Code, investigative agencies may request and procuracies are competent to decide on the application of summary procedures.
Investigative agencies are responsible for collecting documents and evidences and hold the initiative in assessing the conditions for application of summary procedures. So, if they are vested with the power to decide on the application of summary procedures, they can be more proactive in conducting investigating activities.
We suggest Clause 1, Article of the Code be revised to empower investigative agencies to decide on the application of summary procedures and require procuracies to decide only when all the conditions are met but investigative agencies fail to do so.
Under Clause 1, Articlea decision on the application of summary procedures may be issued only when a case institution decision is in place. To address this, we propose Clause 1, Article be revised to stipulate that investigative agencies must issue a case institution decision and a decision on accusation against a person involved in such case simultaneously.
Only after procuracies approve accusation decisions can investigative agencies issue decisions on application of summary procedures. The time limit for the procuracy to approve an accusation decision should be 1 day after receiving a written request of the investigative agency.
It is therefore necessary to add in the Code the responsibility of agencies issuing decisions on application of summary procedures to explain the application of summary procedures as well as rights and obligations of the accused or their lawful representatives, especially the right to ask for defense, when serving such decisions to the accused or their lawful representatives.
Once investigative agencies are empowered to issue decisions on application of summary procedures, we also find it necessary to add in Articles 34 and 36 of the Code provisions that heads of investigative agencies are competent to apply summary procedures and that chief procurators of procuracies are competent to apply summary procedures when all the conditions for application of summary procedures are met but investigative agencies fail to apply them.
It is also necessary to add the power of investigative agencies to settle complaints about the application of summary procedures. The time limit for investigation according to summary procedures is 12 days under Clause 1, Article of the Code.
Meanwhile, according to Articlethe time limit for filing and settlement of a complaint is 8 days, meaning the time left for investigation is only 4 days. Within this time limit, investigators can hardly meet all legal requirements on investigating activities.
To address this problem, we suggest the time limit for filing and settlement of complaints no longer be counted into the investigation time limit. Regarding switching from summary to general procedures, according to Clause 2, Article of the Code, the cancellation of a decision on application of summary procedures for switch to general procedures may take place in the stage of prosecution when procuracies returns case files for additional investigation or suspend cases, and the cancellation is effective to all three stages of investigation, prosecution and trial.
To facilitate the correction of errors in the assessment of grounds for application of summary procedures, we find it necessary to vest procedure-conducting agencies with the competence to cancel gia bitcoin hom nay 224 vn tang bt chp decisions on application of summary procedures. At the same time, when a court hearing is adjourned, the adjournment period should not be counted into the total period of settlement of the case and the case is not required to switch to general procedures.
Currently, the time limits for investigation, prosecution and trial are 12, 4, gia bitcoin hom nay 224 vn tang bt chp 14 days respectively. Besides, the emergence of new circumstances and no permission for the extension of these time limits can easily make the settlement of cases according to summary procedures switch to general procedures gia bitcoin hom nay 224 vn tang bt chp reason of expiration of the settlement time limit. We, therefore, recommend longer time limits for investigation, prosecution and trial.
In addition, if summary procedures are not applied in the stage of investigation, procuracies and courts should have the power to decide on the application of these procedures in the stages of prosecution and trial, provided all conditions for the application are met. Regarding the right to defense, Chapter 34 of the Code on summary procedures makes no mention on this issue. This means the right to defense of the accused and defendants must, in principle, follow general procedures, which cause difficulty to them or their lawful representatives in seeking defense within a short time limit.
When delivering decisions on application of summary procedures to the accused or defendants, competent agencies must explain the right to seek defense and guide them in exercising this right. If they cannot afford a defense counsel, the procedure-conducting person must request the bar association to appoint one for them.
Application of summary procedures in appellate trial. As analyzed above, the expansion of application of summary procedures to appellate hearings is quite necessary. To facilitate the application of summary procedures, some provisions relevant to appellate trial should be added to the Code.
Firsttime limits gia bitcoin hom nay 224 vn tang bt chp lodging appeals and protests according to summary procedures should be shorter than those in general procedures, i. Second, to reduce the time needed for settling a case, we suggest shorter time limits for trial preparation and opening of court hearings. Specifically, the time limit for preparation for appellate trial should be 20 days after the case file is received and the time limit for opening of an appellate hearing should be seven days after the opening of the court hearing is announced.
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