Resolution No. 07/2019/NQ-HDTP dated October 25, 2019 guiding the application of a number of regulations of Article 299 and Article 300 of the Criminal Code

RESOLUTION

GUIDING THE APPLICATION OF A NUMBER OF REGULATIONS OF ARTICLE 299 AND ARTICLE 300 OF THE CRIMINAL CODE

COUNCIL OF JUSTICES OF THE SUPREME PEOPLE’S COURT

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

For the purposes of proper and consistent application of the regulations of Article 299 and Article 300 of the Criminal Code;

At the request of the General of the Supreme People’s Procuracy and the Minister of Justice,

HEREBY RESOLVES:

Article 1. Scope

This Resolution provides guidance on application of a number of regulations of Article 299 on terrorism and Article 300 on terrorism financing of the Criminal Code.

Article 2. Scope of application

Criminal prosecution for terrorism and terrorism financing must comply with regulations of the Criminal Code, the Criminal Procedure Code, the guidelines herein and other relevant legislative documents.

Article 3. Definitions

1. “bring terror to the public” stated in Clause 1 Article 299 of the Criminal Code means the state of anxiety, fear or confusion in people regarding their lives, health, property and other legitimate rights and interest (e.g., setting off an explosion in a transport hub causes people to feel anxious about their lives, health and property when travelling).

In order to bring terror to the public, the terrorist acts stated in Article 299 of the Criminal Code may be committed in public places or crowded places (e.g., squares, shopping malls, traffic intersections, transport hubs, vehicles, recreational areas, vacation spots, schools, hospitals, residential areas, buildings, etc.).

An act committed in a place that is considered private property (e.g., houses, workplace, etc.) for the purpose of bringing terror to the public is liable to criminal prosecution for terrorism according to Article 299 of the Criminal Code if it exhibits other signs that constitute this crime.

2. “destroy property of another organization or individual” stated in Clause 1 Article 299 of the Criminal Code means the act of rendering property unusable or irreparable.

3.”threaten to commit any of the acts specified in Clause 1 of this Article” stated in Clause 3 Article 299 of the Criminal Code refers to situations where the offender uses spoken words, text messages, pictures or other means to make an organization or individual become aware of the threat and fear for their lives, health, property and other legitimate rights and interest.

4. “other methods to cause mental intimidation” stated in Clause 3 Article 299 of the Criminal Code means inciting, encouraging or facilitating a threat to the life, health, bodily integrity, property, honor or dignity of the victim or the victim’s family member, or other acts that bring fear to the victim, or restrict the victim’s normal awareness or control over their acts.

5. “raise money or property in any shape or form to a terrorist or terrorist organization” stated in Clause 1 Article 300 of the Criminal Code means persuading or asking an individual or organization to provide money, give money as a gift or lend money/property in any shape or form to a terrorist or terrorist organization.

6. “provide money or property in any shape or form to a terrorist or terrorist organization” stated in Clause 1 Article 300 of the Criminal Code means providing money, giving money as a gift or lending money/property in any shape or form to a terrorist or terrorist organization.

Article 4. Penalty determination circumstances

1.“appropriating property of another organization or individual” stated in Point c Clause 2 Article 299 of the Criminal Code means illegally seizing or controlling the right to manage, own, use or dispose of property of an organization or individual.

2. “damaging property of another organization or individual” stated in Point c Clause 2 Article 299 of the Criminal Code means deliberately reducing the value of property or damaging property but the damage is repairable.

3. “attacking or violating the computer network, telecommunications network or electronic devices of another organization or individual” stated in Point d Clause 2 Article 299 of the Criminal Code means employing the internet, information technology or electronic devices to destroy or suspend normal, safe and secure operation of the computer network, telecommunications network or electronic devices, specifically including:

a) Infecting the computer network, telecommunications network or electronic devices with malware;

b) Freezing, suspending or slowing down the operation of the computer network, telecommunications network or electronic devices;

c) Infiltrating, damaging or stealing data stored in or transferred via the computer network, telecommunications network or electronic devices;

d) Infiltrating, creating or exploiting a vulnerability or hole in the security and system services of the computer network, telecommunications network or electronic devices;

dd) Illegally accessing the computer network, telecommunications network or electronic devices of crucial and confidential authorities and organizations (e.g., the Government, military authorities, public security authorities, the State Bank of Vietnam, etc.);

e) Taking control over computer network, telecommunications network or electronic device systems;

dd) Other acts that affect the normal operation of the computer network, telecommunications network or electronic devices.

4. “obstructing or disrupting the computer network, telecommunications network or electronic devices of another organization or individual” stated in Point d Clause 2 Article 299 of the Criminal Code means deleting, damaging or modifying electronic data or software, or illegally hindering data transfer in the computer network, telecommunications network or electronic devices, or other acts that obstruct or disrupt the operation of the computer network, telecommunications network or electronic devices of an organization or individual.

Article 5. Criminal prosecution in some specific cases

1. If a person committed an offence that shows signs of both terrorism and a less serious crime, they shall face criminal prosecution for terrorism.

E.g. To bring terror to the public, Nguyen Van A and his accomplice used mines to destroy some cars in Company B’s yard. In this case, A and his accomplice shall face criminal prosecution for terrorism according to regulations of Article 299 of the Criminal Code.

2. In case a person committed multiple offences, one of which shows signs of terrorism while the others show signs of other crimes, they shall face criminal prosecution for terrorism and the other crimes if the signs are sufficient to constitute crimes.

E.g. To bring terror to the public, Nguyen Van A and his accomplice used mines to destroy some cars in Company H’s yard. Afterwards, Nguyen Van A stole a motorbike worth VND 40 million of Mr. Tran Van C (Company B’s employee) to escape with his accomplice. In this case, A and his accomplice shall face criminal prosecution for terrorism according to regulations of Article 299 of the Criminal Code and for theft according to regulations of Article 173 of the Criminal Code.

3. If a person committed an offence that harmed another person’s life or destroyed property of another organization or individual without the intention to bring terror to the public, they will not face criminal prosecution for terrorism. Instead, they shall face criminal prosecution for the respective offence as the case may be.

E.g. Due to a personal conflict, Nguyen Van A killed and mutilated Ms. Nguyen Thi C into multiple parts to dispose of her body. His acts bring confusion to the public, but at the time the offence was committed, A had no intention to bring terror to the public but only the motives of revenge. Therefore, A shall face criminal prosecution for murder in accordance with regulations of Article 123 of the Criminal Code.

Article 6. Effect

This Resolution was passed by the Council of Justices of the Supreme People’s Court on October 16, 2019 and comes into effect from December 01, 2019.