Circular 01/2013/ttlt-Tandtc-Vksndtc-Bca-Bqp-Btp: A Guide To The Prejudice Criminal Liability For Acts Buying And Selling; Buy Sell Swap Occurs, Or Appropriating Children

Original Language Title: Thông tư liên tịch 01/2013/TTLT-TANDTC-VKSNDTC-BCA-BQP-BTP: Hướng dẫn việc truy cứu trách nhiệm hình sự đối với người có hành vi mua bán người; mua bán, đánh tráo hoặc chiếm đoạt trẻ em

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THE PEOPLE ' S COURT OF THE EVENING COAO-INSTITUTE OF CITIZENS OF THE STATE-MINISTRY OF JUSTICE-MINISTRY OF JUSTICE
Number: 01 /2013/TTLT-TANDTC-VKSNDTC-BCA-BQP-BTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, July 23, 2013

FEDERAL INFORMATION

Instructs the search for criminal responsibility for the person with the sale of human rights;

buy, swap or usurp children

________________________

Fuck! Okay. applicable right and unified regulations at Article 119 and Article 120 of the Code of Law Oh. In 1999, it was modified, b. socket sung by the Amendment Act, complements some of the provisions of the Criminal Code in 2009 (later known as the Criminal Code) in the pursuit of criminal responsibility. For Who have the behavior of buying people; buying, swapping or appropriation of children, the Supreme People 's Court, the People' s National Institute of Police. Stain. High, Ministry of Public Security, Department of Defense and Ministry of Justice issued l i Manual search guide. to And there ' s a criminal record for the person with the action. i buy semi; buy, swap or usurp children Oh,

Chapter I

I THE RIBBON RESPONSIBILITY FOR THE PEOPLE. IT ' S A SELL-OUT BEHAVIOR.

BY STATUTE DON ' MOM 119 OF THE CRIMINAL CODE

What? 1. Identilocate buyer behavior

" Selling people " is the behavior of using money, property or other material benefits to exchange people (from enough 16 years of age or upward) as a commodity; namely one of the following acts:

1. Sell people to others, not depending on the purpose of the buyer;

2. Buy people for resale to others, do not distinguish it from who and what the buyer ' s purpose later is;

3. Use people as property for exchange, payment;

4. Buy people for exploitation, forced labor or for other purposes of law;

5. The organizer, the instiger, who helps the person who does one of the instructions for the sale is guided at 1, 2, 3, and 4 This is all being traced to criminal responsibility for the sale of people.

What? 2. V. Some of the circumstances define the penalty.

1. " For insulting purposes. i " specified at the point a 2 Article 119 of the Criminal Code is the case for the sale of a person to serve for the sale of sex (such as: purchase of people and then take them to prostitution or organization for sex workers ...).

2. "Professional." regulation at the point of paragraph 2 Article 119 of the Code of Criminal Code is the case of a person committing a sale of people from 05 or over (not to be distinguished from the criminal responsibility of the criminal responsibility, or without the end of a criminal prosecution). The criminal record, or the uncleared of the case, and the offender for the sale of the living person, take the results of the sale of the person as the main source of life.

For the case of the crime of five or five or more cases in which the offender has been convicted, has not been cleared of the case, depending on the specific case that the offender may be applied to the frame-by-frame or severe. "guilty multiple times", "for many", "resin" (or "dozen" i It's dangerous. " and " of professional nature. ".

3. " To l "The body parts of the victim." specified at the point 2 Article 119 of the Code of Criminal Code is the case for the sale of a person to take part of the body formed from various types of tissue to perform certain physiological functions of the person.

4. " E! Okay. Go abroad. " The Code of Criminal Code is the case for a sale of people to get victims outside of Vietnam, even in cases where the victim has not been taken abroad but has the base identifying the offender intended to bring the victim out. -Foreign.

5. "For many." specified at the point 2 Article 119 of the Code of Criminal Code is the case for sale from 2 people to the same crime.

6. "A lot of sins." regulation at the point 2 Article 119 of the Code of Criminal Code is the case for the sale of people from 02 times or more, not to distinguish those charges made against one person or for many, and in those purchases the offender has not yet. He is in charge of criminal responsibility, and has not run out of his time in charge of criminal responsibility.

What? 3. Search for criminal responsibility in a number of schools p Specific

1. The case of using a marital broker to the unauthorized foreigner.

The person who uses a marriage broker to an unauthorized foreigner must be prosecuted for criminal responsibility for the statutory charge at Article 119 of the Criminal Code if belonging to one of the following cases:

a) The broker uses the forced, intimated or defrave player to compel others to marry foreigners and have given it to foreigners to receive money, property or other material benefits;

b) Knowing the purpose of foreigners is through the activity of viewing the face, choosing the wife (or husband) or marriage is just the method, the procedure for foreigners to take the chosen person abroad, exploitation of sex, exploitation or sale to others. but still conducts the brokerage to receive money or other physical benefits of foreigners.

2. The case of using the manual takes the illegal foreign worker.

a) The case of the broker, which takes the foreign worker to know the worker (from enough 16 years or older) abroad would be forced to be forced labor, illegal exploitation (like: the person who was taken abroad was forced to work in a toxic environment, not). ensuring the safety of labor, a serious impact on health; having to work without being paid; being forced to act on prostitution) but still defraking or forcing workers and handing them over to the foreign side for money or other material benefits. the broker, taking the foreign worker to be traced to criminal responsibility for the statutory charge of the statutory purchase at Article 119 of the Code of Criminal Code. The truth

b) The case of using a broker to move the labour abroad to transfer workers to the foreign side of the worker's sale to others, the broker must be prosecuted for criminal responsibility for the charge of the purchasate of human rights in accordance with Article 119. of the Criminal Code.

c) The case of using a broker to take labour abroad for fraud, abuse of trust to usurp property (after receiving the money of the labourers has usurpated and fled, does not work on bringing workers to work abroad). If specific cases may be prosecuted for criminal charges of appropriation of property by regulation at Article 139 of the Code of Criminal Code or abuse of credit for appropriation of property by regulation at Article 140 of the Criminal Code.

Chapter II

I THE CRIMINAL RESPONSIBILITY FOR THE PERSON WITH THE SALE, THE SWITCH.

OR APPROPRIATION OF CHILDREN BY REGULATION AT ARTICLE 120 OF THE CRIMINAL CODE

What? 4. Identilocate buying behavior, swapping or appropriation of children

1. " Buy sale. t " is the behavior of using money, property or other material benefits to exchange children (who are under 16 years old) as a type of goods; in particular one of the following acts:

a) To sell children to others, not depending on the purpose of the buyer;

b) Buy children for resale to others, do not distinguish it from who and what the buyer ' s purpose later is;

c) Use children as a means of exchange, payment;

d) Buy children for exploitation, forced labor or for other laws.

2. "Swap Children" is the behavior of alternative children by children other than the will of their parents, nurseries or the legal manager of one or both children.

3. "Appropriation Of Children" is the act of using force, which threatens to use force, to steal, cheat, take advantage of the difficulty, the dependence of the parents or of the child raised in order to take the child or give it to the other.

4. The organizer, the instiger, who helps the person who makes one of the acts directed at the 1, 2, and 3 This Article is in charge of criminal responsibility as a co-offender.

What? 5. V. Some of the circumstances define the penalty.

1. " C Boob t I'm Professional. " regulation at the b point 2 Article 120 of the Code of Criminal Code is the case of people committing the sale, swapping or appropriation of children aged five or more, undifferentiated has been traced to criminal liability or not being prosecuted in criminal responsibility (05 purchase). Children go up, 05 times the trial of children or five or five times the child's appropriation, if not the end of the criminal responsibility for criminal responsibility or the uncleared of the case and the offender for the terms of the sale, swapping or appropriation of children as a student. life, taking the results of the purchase, the swapping, the appropriation of children as the main source of life.

For the case of the crime of five or five or more cases in which the offender has been convicted, has not been cleared of the case, depending on the specific case that the offender may be applied to the frame-by-frame or severe. "for many children." " t Ah! " (or " t Ah! Danger violation. " ) and "Professional." .

2. "For the vile motive." The Code 2 Article 120 of the Code of Criminal Code is the case of a crime with a vile, selfish, selfish, unselfish, cowardly, cowardly, cowardly motive. The offender aims to avenge, or to control the victim and the family, relatives of the victim who serve the plot.

3. " Riddles i with a lot of children " regulation at the point 2 Article 120 of the Code of Criminal Code is the case of purchase, swapping or appropriation from the 02 children who are back (purchased from 2 children or up; swapping from the 02 onwards; appropriation from 02 children or children) in the same crime or death. In different offenses.

4. "To take the victim's body parts." specified at the point 2 Article 120 of the Code of Criminal Code is the case of purchase, swapping or appropriation of children in order to take part of the body formed from various types of tissue to perform certain physiological functions of that child.

5. "To bring abroad." regulation at the point 2 Article 120 of the Code of Criminal Code is the case for sale, swapping or appropriation of children to bring victims outside of Vietnam, even in cases where the victim has not been taken abroad but has a base identifying the offender. I mean, there's a plan to bring the victims abroad.

6. "For the purpose of inhumane purposes." regulation at point g 2 Article 120 of the Code of Criminal Code is the case of purchase, swapping or appropriation of children for use in cruel, barbary purposes, such as: to use in doing experiments; forcing children to labor, begging for money; to use money; Filming, photographing, pornography, or other similar behavior.

7. " E! Okay. Use the purpose of prostitution. " regulation at the point 2 Article 120 of the Code of Criminal Code is the case of purchase, swapping or appropriation of children in order to serve as a semi-prostitution (e.g., purchase, child appropriation, child appropriation, and forcing you to sell sex or take you to the commercial) No, no.

8. "Serious consequences." regulation at the point of k paragraph 2 Article 120 of the Criminal Code is one of the following cases:

a) Purchasing or appropriation of children leads to the death of the victim (the victim of the memory that committed suicide; the ill victim, ill or untended, died);

b) Purchasing or appropriation of children leads to the alleged victims of infectious diseases, such as: AIDS, syphilis, etc.;

c) The sale, swapping or appropriation of children leading to the consequences is not to determine where the victim is at the time of the preliminary trial;

d) Purchasing, swapping or appropriation of children resulted in the relatives of the victims of despair, grief that died or committed suicide or were severely affected by the health.

In addition to the loss of life, health has been directed up here, which may have had non-physical consequences, such as causing a bad influence on the party 's execution, the state' s policy; adversely affecting national security, order, social safety and security. Yeah. In these cases, it must be subject to each specific case to assess the extent of the consequences caused by the crime.

What? 6. Access Come on Criminal liability in some case specific

1. The case of using a child-raising brokerage.

a) The case of the broker who knew adoption was intended to exploit, forced labor on children or for other purposes of law but used a foster home capital to transfer children to the person for money, property, and money. Or other physical benefits, the broker and adopers are subject to criminal responsibility for the regulation of child sales under regulation at Article 120 of the Criminal Code.

b) The case for adoption of the adopted child's purpose is that after receiving the child will sell the child to another, the broker and adoption of the adopted child must be in charge of criminal responsibility for the sale of children. specified at Article 120 of the Criminal Code.

c) The case of the person with office, the authority that has taken advantage of its powers of receiving money, property or other material benefits to the brokerage of unauthorized adoption (does not implement the provisions of the law of, adoption) or creating a child. The conditions for the brokerage, the adoption of an unauthorized adoption, know the purpose of adoption, forced labor, forced labor, or for other purposes of law, is being prosecuted for criminal responsibility for the purchase of children by statute. Article 120 of the Criminal Code.

d) The case of the person with office, authority has taken advantage of its position to receive money, property or other material benefits for the brokerage to adopt unauthorized adoption (not to perform the provisions of the law of, adoption) or otherwise. Facilitalation, unauthorized adoption, but not knowing that the adoption of the adoption, forced labor or other law purposes, is not a criminal responsibility for the sale of children's charges. Depending on the specific case, that person may be subject to criminal responsibility for the use of the office, the authority while the enforcement of the public office (Article 281), the use of office, the power to affect others for the benefit (Article 283) or other crimes. according to the Code of Criminal Code.

The case of a person who knows someone who actually has a need for adoption (due to the rare or loving child) has introduced the person to the person who wants to give their child a foster child because of the difficult family situation, no conditions for raising the child, Wishing the child to be raised better and having received a sum of money, while the broker was given a sum of money for the brokerage, the broker, who gave her child to adoption and adoption was not in charge of the task. about the statutory purchase of children by regulation at Article 120 of the Criminal Code.

2. The case of child abducer as a hostage in order to usurp the property is not the rule of appropriation of children stipulated at Article 120 of the Criminal Code that is being prosecuted for criminal responsibility for kidnapping in order to usurp the property in accordance with Article 134 of the Criminal Code.

What? 7. Access Okay. The criminal responsibility of the school. p has multiple criminal acts

1. The case of a person who performs multiple criminal acts by regulation at Article 120 of the Criminal Code that those acts are closely related to each other (this offence is the condition for execution or the most effective consequence of the other offense). is being pursued in criminal responsibility for full charges against all the acts that have been done under Article 120 of the Penal Code and only subject to a penalty.

For example, a person who swapped children and appropriated the child was switched on and sold to another, and was given a criminal responsibility for the name of a semi-criminal, swapping, and usurper of children under Article 120 of the Penal Code and subject to a penalty.

2. The case of a person who performs multiple criminal acts by regulation at Article 120 of the Criminal Code that acts independently of each other is being pursued in charge of criminal responsibility for the independent crimes that the person has taken. On trial, the Court applied Article 50 of the Criminal Code to decide the common penalty.

For example: a person who buys a child to sell it to another and is arrested, then discovers that the person is carrying out the act of appropriation of another child. In this case, the offender is in charge of criminal responsibility for the sale of child children and child appropriation by regulation at Article 120 of the Criminal Code. For this case, the Court determines the corresponding penalty level for each of the crimes and then decides the common punishment for both statutory charges at Article 50 of the Criminal Code.

Chapter III

Fuck! THE LAW ENFORCEMENT

What? 8. Effect Execs

This joint venture has been in effect since 9 September 2013.

What? 9. Organization implemented

The Supreme People's Court, the Supreme People's Examination Institute, the Ministry of Public Security, the Ministry of Defense, the Ministry of Justice within the scope of the mission, its powers are responsible for implementing the implementation of this relevant information.

In the course of execution, if there is an explanation for an explanation or an additional guidance, it is reflected in the Supreme People's Court, the Supreme People's Service, the Ministry of Public Security, the Ministry of Defense, and the Ministry of Justice for a timely guidance.

KT. The Supreme Court of the People.
Deputy Chief Justice.

KT. The Supreme People ' s Institute for the Supreme People
Vice Minister.

KT. Minister of the Ministry of Public Security
Chief.

(signed)

(signed)

(signed)

To Light

Chen Zhen

General Lê Guan Wang

KT. Minister of Justice.
Chief.

KT. SECRETARY OF DEFENSE
Chief Minister.

(signed)

(signed)

The Emperor.

Nguyen Castle