Resolution 02/2019/NQ-HDTP guidelines Article 150 concerning human trafficking of Criminal Code

  • Summary
  • Content
  • Status
  • Vietnamese
  • Download
Save

Please log in to use this function

Send link to email

Please log in to use this function

Error message
Font size:

ATTRIBUTE

Resolution No. 02/2019/NQ-HDTP dated January 11, 2019 of the Council Of Judges of the Supreme People’s Court guiding the application of the Penal Code’s Article 150 on human trafficking and Article 151 on trafficking in persons aged under 16 years
Issuing body: The Judges's Council of the Supreme People's CourtEffective date:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Official number:02/2019/NQ-HDTPSigner:Nguyen Hoa Binh
Type:ResolutionExpiry date:Updating
Issuing date:11/01/2019Effect status:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Fields:Criminal

SUMMARY

06 factors in determining sentence bracket

Resolution No. 02/2019/NQ-HDTP of the Council Of Judges of on guidelines for application of Article 150 concerning human trafficking and Article 151 concerning trafficking of a person under 16 of the Criminal Code is issued by the Supreme People’s Court on January 11, 2019 and takes effect on March 15, 2019.

Accordingly, 06 factors in determining sentence bracket are:

- “Organized crime” specified in Point a Clause 2 Article 150 and Point a Clause 3 Article 151 of the Criminal Code means a form of complicity in which the accomplices cooperate closely and assign their determined roles in committing the crime;

- “Because of despicable motives” specified in Point b Clause 2 Article 150 and Point g Clause 2 Article 151 of the Criminal Code means that the offender commits an offense for retaliation; the offender commits an offense to avoid responsibility; the offender commits an offense against the person he/she is indebted to or commits other offenses representing faithlessness and treachery;

- Taking victim out of the Socialist Republic of Vietnam’s territory;

- Committing offense more than once;

- In a professional manner;

- Taking body parts of victim.

For more details, click here.
Download files here.
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known

THE JUDICIAL COUNCIL OF THE SUPREME PEOPLE’S COURT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 02/2019/NQ-HDTP

 

Hanoi, January 11, 2019

 

 

RESOLUTION

Guiding the application of the Penal Code’s Article 150 on human trafficking and Article 151 on trafficking in persons aged under 16 years[1]

 

THE JUDICIAL COUNCIL OF THE SUPREME PEOPLE’S COURT

Pursuant to the November 24, 2014 Law on Organization of People’s Courts;

In order to properly and uniformly apply the Penal Code’s Article 150 on human trafficking and Article 151 on trafficking in persons aged under 16 years;

After consulting the Procurator General of the Supreme People’s Procuracy and Minister of Justice,

 

RESOLVES:

Chapter I

GENERAL GUIDANCE

Article 1. Scope of regulation

This Resolution guides the application of the Penal Code’s Article 150 on human trafficking and Article 151 on trafficking in persons aged under 16 years.

Article 2. Some circumstances for crime determination

1. Human trafficking means the use of force, threat to use force, deception, or employment of another trick to commit one of the following acts:

a/ Transferring a person in order to receive money, property or other material benefits;

b/ Receiving a person in order to transfer money, property or other material benefits;

c/ Transferring a person for sexual exploitation, forced labor, taking of a body organ, or for another inhuman purpose;

d/ Receiving a person for sexual exploitation, forced labor, taking of a body organ, or for another inhuman purpose;

dd/ Recruiting, transporting or harboring another person to commit the act of transferring a person as prescribed at Points a and c of this Clause.

2. Trafficking in humans aged under 16 years means the commission of one of the following acts:

a/ Transferring a person aged under 16 years in order to receive money, property or other material benefits, except the case of transfer for the humanitarian purpose;

b/ Receiving a person aged under 16 years in order to transfer money, property or other material benefits, except the case of receipt for the humanitarian purpose;

c/ Transferring a person aged under 16 years for sexual exploitation, forced labor, taking of a body organ, or for another inhuman purpose;

d/ Receiving a person aged under 16 years for sexual exploitation, forced labor, taking of a body organ, or for another inhuman purpose;

dd/ Recruiting, transporting or harboring a person aged under 16 years to commit the act of transferring a person as prescribed at Points a and c of this Clause.

3. Another trick prescribed in Clause 1, Article 150 of the Penal Code means one of such tricks as kidnapping the victim; deceiving the victim into taking sleeping pills or anesthetic, or drinking alcohol, beer or another strong stimulant to become incapable of cognizing or controlling his/her acts; poisoning the victim; taking advantage of one’s status as a marriage broker or an intermediary for sending laborers to work abroad; abusing one’s position or powers; taking advantage of dependent situation of the victim; and taking advantage of highly vulnerable or distressing circumstance of the victim (for example, the victim has a family member who is seriously ill and needs money for medical treatment) to commit one of the acts guided in Clause 1 of this Article.

4. For sexual exploitation prescribed at Point b, Clause 1, Article 150, and Point b, Clause 1, Article 151, of the Penal Code means the case where the victim is transferred, received or recruited, transported or harbored before being transferred to another person for taking acts of sexual exploitation (such as forcing or bringing the victim to a whorehouse to prostitute, using him/her to make pornographic products, or forcing him/her to perform in sex shows or act as a sex slave) or where the victim is received by another person to serve the latter’s sexual needs.

5. For forced labor prescribed at Point b, Clause 1, Article 150, and Point b, Clause 1, Article 151, of the Penal Code means the use of force or threat to use force or another trick to force the victim to work against his/her will.

6. For taking of a body organ prescribed at Point b, Clause 1, Article 150, and Point b, Clause 1, Article 151, of the Penal Code means the case where the victim is transferred, received, or recruited, transported or harbored before being transferred for taking of his/her body organ(s).

A body organ means part of a human body made of different types of tissue to perform certain physical functions of humans.

For example: Nguyen Van A transfers Nguyen Thi C to Nguyen Van B for B to take C’s cornea (in fact, B has not yet taken C’s cornea).

7. For another inhuman purpose prescribed at Point b, Clause 1, Article 150, and Point b, Clause 1, Article 151, of the Penal Code means using the victim for an experiment, forcing the victim to beg, or using the victim for another cruel purpose.

Article 3. Some circumstances for determination of penalties

1. In an organized manner prescribed at Point a, Clause 2, Article 150, and Point a, Clause 3, Article 151, of the Penal Code means a form of complicity with close collusion and assignment of roles of accomplices in committing a crime.          

2. With a despicable motive prescribed at Point b, Clause 2, Article 150, and Point g, Clause 2, Article 151, of the Penal Code means the case where the offender commits a criminal act for the purpose of revenge or shirking his/her own responsibility or against a person to whom he/she owes a favor or another criminal act showing his/her infidelity or treachery.

For example: Nguyen Van A sells Nguyen Thi C (his lover) to another person after knowing that C is pregnant by him.

Click download to see the full text

Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Processing, please wait...
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

ENGLISH DOCUMENTS

Official Gazette
Resolution 02/2019/NQ-HĐTP PDF

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

* Note: To view documents downloaded from LuatVietnam.vn, please install DOC, DOCX and PDF file readers
For further support, please call 19006192

SAME CATEGORY

loading