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Resolution No. 06/2019/NQ-HDTP guiding the application of Articles of the Penal Code
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Please Sign in your LuatVietnam account and sign up for the lookup software .Issuing bodies: | The Judges's Council of the Supreme People's Court | Effective date: | |
Official number: | 06/2019/NQ-HDTP | Signer: | Nguyen Hoa Binh |
Legislation Type: | Resolution | Expired date: | Updating |
Issuing date: | 01/10/2019 | Effect: | |
Fields: | Criminal |
In the trial of sexual assault, the Court shall not request the victim to describe the crime in details
To be specific, sexual intercourse with a person under 10 does not necessarily involve penetration. Besides, sexual crime shall not be “Against 2 or more persons” if 02 or more people jointly aid and abet 01 person to commit it. This case is considered as complicity.
Another remarkable provisions is that caretaker of a person under 10, a patient or a disabled person touches their genitals parts or private part without sexual intention are excluded from penal liability as prescribed in Article 146 of the Penal Code (e.g. a parent bathing or cleaning for a child under 10; a preschool teacher bathing or cleaning for a preschool student; etc.)
In addition, regarding the hearing of a sexual assault case whose victim is under 18, the Court shall not: Request the victim to describe the crime in details; Ask any question that is of a criticizing, threatening, shaming or offending nature to the victim; Permit conversation between the victim and the defendant in the hearing; Identify the body part(s) involved in the offence by asking the victim to directly point at the body part(s) of themselves or another person…
For further details of the Resolution 06/2019/NQ-HDTP, Click here