Criminal law: Jurisprudence no. 01/2016/AL – Hình luật: Án lệ số 01/2016

    TĐH: The following English document is my translation, following the model on civil jurisprudence done by the Vietnamese Young Jurists. I did this translation with the understanding that the Vietnamese Young Jurists are not planning to translate criminal jurisprudence.

Jurisprudence 01/2016/AL on a murder case

Jurisprudence no. 01/2016/AL was adopted by the Council of Judges of the Supreme People’s Court on 6 April 2016 and declared by the Chief Justice of the Supreme People’s Court in Decision 220/QD-CA dated 6 April 2016. Tiếp tục đọc “Criminal law: Jurisprudence no. 01/2016/AL – Hình luật: Án lệ số 01/2016”

Jurisprudence and Its Application

There are two kinds of jurisprudence, namely the binding jurisprudence and the non-binding jurisprudence.

Kinds of Jurisprudence

Binding jurisprudence requires judges to fully comply when deciding similar cases. This consists of explanatory jurisprudence and normative jurisprudence.

Explanatory jurisprudence contains legal analysis in judicial decisions to clarify an ambiguous legal provision. For example: in a case, concerning the compensation for death, courts at first instance and appeal levels did not accept the request of the claimant asking for the respondent to pay the cost of air transport by which the victim’s family flew from Ha Noi to Da Lat to hold the funeral [for the victim]. Nevertheless, the Supreme People’s Court overruled the judgments and held that the cost of air transport for the family’s victim (including his/her spouse, parents, children and siblings) to join the funeral was a “reasonable cost for the funeral”. In this specific case, at the location of the victim, Da Lat, there was no way to preserve the corpse. Thus, the cost of air transport for the family’s victim to hold the funeral in time was reasonable. This analysis illustrated the “reasonable cost for the funeral” codified in Article 610(1)(b) of the Civil Code 2005. Tiếp tục đọc “Jurisprudence and Its Application”