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Resolution 01-Hdtp/nq: Guide Supplements The Application Of Some Provisions Of The Criminal Code

Original Language Title: Nghị quyết 01-HĐTP/NQ: Hướng dẫn bổ sung việc áp dụng một số quy định của Bộ luật Hình sự

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The RESOLUTION supplementary instructions the application of some provisions of the criminal code _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the Council of judges of the Supreme People's Court has issued resolution No. 02/5-1-day JUDGES 1986, no. 04/1986-11-29 JUDGES and number 02 on 16-11-1988 guide the Court grants applied for some provisions of the criminal code. At the session on September 18, 19-4-1989 attended by representatives of the Minister Supreme People's Prosecutor and the representative of the Minister of Justice, the Council of judges of the Supreme People's Court decided to guide the application of some provisions of the criminal code and modify , some additional points in the aforementioned resolutions to suit the current situation as follows: I-ABOUT arbitrarily HALFWAY ENDED the CRIME (article 16 of CRC) resolution No. 02/5-1 day-1986 HDTP just instructions on arbitrarily halfway ended the guilty of the criminal practice Yet, there is a guide about discretion halfway ended the guilty in the case. Therefore, now need further instructions as follows: 1-The Italian himself halfway to terminate the offence by the person incited, the Organizer, who had other characteristics that help with arbitrarily halfway ended the guilty of the practice of crime. If the practice of arbitrarily halfway stop crime, meaning himself does not perform to the same crime, although nothing prevents, the crime could not be completed, the consequences that the offender not wish happen. In the same case, if the person incited or aided or the organizer but arbitrarily halfway abandon sin, but not to apply the necessary measures to stop the practice of implementation of crime, crime can still be made, consequences of crime can still occur. Therefore, to be free of criminal liability under article 16 of the criminal offence defined offences, who incited, the Organizer, who helped to have the power of positive action in order to prevent the implementation of the crime.
To be exempt from criminal liability under article 16 of CRC, who instigated, organized people to convince, advice, threats to the practice does not make the crime or to report it to the competent State agencies, report it to the people will be the victims know about crime being prepared made to State agencies or people will fall victim to take measures to prevent crime.
To be exempt from criminal liability under article 16 of CRC, who help to stop creating these spiritual, physical conditions for the implementation of crime (such as not providing the media, criminal tools; not just points, guide the guys practice...). If the people who help other accomplices who are being used to perform the crime, then the help must also have the positive action as stated above with respect to the person who instigated, organized to prevent the implementation of the crime.
Of people instigated, the Organizer, who help are exempt of liability according to the PENAL CODE article 16 in case they prevent the implementation of the crime, the consequences of the crime does not occur. But if these things they did not prevent the implementation of the crime, the consequences of the crime still occurs, then they may still be subject to criminal liability. They can only be free of criminal liability under article 48 paragraph 1 PENAL CODE, if, before the offense was detected that they had the truth, confess to contribute effectively to the detection and investigation of crime, try to limit the consequences of the crime.
2-judicial practice shows that in some cases many criminal practices had people arbitrarily halfway abandon sin, don't abandon sin. In this case, the person who arbitrarily halfway terminate offenders are exempt from criminal liability under article 16 of CRC if they did nothing, or what they did before abandon SIN does not help those other co-conspirators in the continued implementation of the crime. Example: 3 person brunch to the train station to the theft, but did not discuss anything specific at all; on the way a person gave up on because it did not want to Sin again; the two remaining people continued to come to the train station and taking advantage of the loopholes of some passengers have been stealing some of the baggage. If the work that they have done other co-conspirators who used to execute criminals, then they must also have the positive action to prevent the realization of that crime, then they can be exempt from criminal responsibility under the PENAL CODE article 16. But if they do not prevent other co-conspirators who made the crime, the consequences of the crime still occurs, then they may still be subject to criminal liability, similar to the case of who instigated, organized people, who help already stated in point 1 above. Example: you people talking to each other about the theft in a certain place; one of them drew a diagram, instruction for men how to break safely into place for the property, then this person to abandon sin and also just suggest they should not sin anymore; but who's still using diagrams and the direction of this person to make the crime then this person can still be subject to criminal liability.
3-Person practice, help people arbitrarily halfway terminate offenders are exempt from criminal liability for certain violations, but may have to bear criminal liability for the crime is not responsible of crimes as defined in article 247 PENAL CODE, if they are not criminal because the responsible person (or people) co-conspirators made without their assistance.
II-ABOUT clause 2 and CLAUSE 3 ARTICLE 18 A of the PENAL CODE-About item 2 article 38 PENAL CODE.
Item 2 article 38 PENAL CODE provisions is "when deciding the punishment, the Court can consider the other is extenuating circumstances, but keep in judgment".
Trial practices over the years reveals the following details are usually more the Court considered mitigating criminal liability of the accused: 1-the accused or his wife, husband, father, mother, the accused having to water or have outstanding achievements was awarded one of the titles honored as hero of labor , the hero of the armed forces, people's artist, artists, teachers, the elite teacher, physician, physician or other noble titles.
2-the accused was the person who had many achievements in production, fight, the work was awarded the Medal of honor, Medal, by the creative labour, merit of the Government or have a patent, inventors have great value or many years recognized as the soldiers.
3-the accused is wounded or had relatives like spouse, parent or child (a child or adopted child) are martyrs.
4-the accused is handicapped by heavy labor or accident during the work.
5-the accused after a crime has been set up to sin.
6-the victim is also at fault.
B-About paragraph 3 article 38 PENAL CODE.
Paragraph 3 article 38 PENAL CODE stipulates: "When there are many extenuating circumstances, the Court can decide a penalty below the lowest level that the law has regulated or switching to a different kind of lighter punishment. Circumstances of mitigation must be recorded in the judgment ".
1-"When there are many extenuating circumstances" is when two extenuating circumstances come up, including at least one episode has been stipulated in article 38 paragraph 1 PENAL CODE.

The defendants have not yet reached the age of majority was a special extenuating circumstances, so for juvenile defendants, only need a extenuating circumstances specified in article 38 paragraph 1 PENAL CODE is possible to apply paragraph 3 to article 38 of the Penal Code.
2-depending on the number and nature of the extenuating circumstances, and depending on the nature and degree of danger of the offence which determines the mitigation of penalty or apply a penalty below the lowest level of the penalty, or switch to a different kind of lighter punishment.
a) normally the Court in mitigation of punishment for the accused when there are many extenuating penal responsibility of the accused, but their offence correspond to high levels (at or near the highest level) of the penalty. That is, in those cases where there are many extenuating circumstances, then the accused must be penalized in the high level of the penalty, so when there are many extenuating circumstances, they enjoy a low penalty (in or near the lowest level) of the penalty.
b) Court just decided a penalty below the lowest level of penalty or switch to a different type of thụôc lighter penalties when there are many extenuating penal responsibility of the accused, and the accused's offence which if not many extenuating circumstances, the accused was also fined only at a low level of penalty so, when there are many extenuating circumstances, the Court can tell they enjoy a penalty below the lowest level of penalty it or switch to a different kind of lighter punishment.
The Court only decided a penalty below the lowest level for this kind of imprisonment has a time limit, if the lowest level of penalty is over 3 months in jail. If the lowest level of penalty is 3 months in prison, then under article 25 PENAL CODE the Court can not under imprisonment for three months to switch to other types of lighter punishment.
As for the punishment improving detention and punishment no improvement in the military's disciplinary unit, then under article 24 and article 70 PENAL CODE, the Court is not deciding a punishment under 6 months, which can be converted to lighter punishment is "warning".
3-the specified element is already guilty (for example: murder caused by exceeding the time limit legitimate self-defense stipulated in article 102 PENAL CODE) or penalty (for example: episode agitated mental strength due to serious unlawful acts of victims provided for in paragraph 3 to article 101 paragraph 4 or article 109 PENAL CODE) , shall not be considered extenuating of sins itself.
4-in the case of the medium have extenuating circumstances, aggravation, then the Court must consider two types of conditions there to decide the penalty for reasonable. Usually if the nature of the extenuating circumstances equivalent to computer chat of the aggravation, the Court refused to apply article 38 paragraph 3 PENAL CODE. But if the extenuating circumstances mean more mitigation, the Court can still apply paragraph 3 article 38 PENAL CODE.
5-When a person convicted of crimes, if they have a lot of extenuating circumstances, the Court applied article 38 paragraph 3 PENAL CODE to decide the punishment for that crime and then own the penalty in accordance with the provisions of article 41 of the Penal Code on sentencing in the event of infringement crimes and article 43 PENAL CODE of other combined categories.
6-The reason of the application of article 28 paragraph 3 PENAL CODE must be stated in the section review of the judgment and in this case in part the decision of judgment need cited both article 38 paragraph 3 PENAL CODE (immediately after the terms are applicable to the crimes of the condemned).
III-on the TIME TRIALS of the PROBATION (article 44 PENAL CODE) In resolution No. 02/11/1988 on the 16 JUDGES of the Council of judges of the Supreme People's Court has instructed that the probation of probation from the date the judgment has the effect of law. In the spirit of that, if the Court of Cassation for the accused be entitled to probation, the probation of probation shall be calculated from the date of pronouncement of the judgment of Cassation. However, the timing of such probation challenge can cause damage to the person who is entitled to probation. In particular, a person who has been granted the first instance or the Court of appeal for the enjoyment, probation and probation of probation shall be calculated from the date of pronouncement of the judgment at first instance or on appeal. The judgment of first instance was in effect the law or appellate judgments were appealed and modified under the procedure of Cassation and the Court of Cassation also said the accused entitled to probation (only reduce the level of penalty or shorten the duration of probation challenge). In this case, if the PC time challenge of probation from the date of pronouncement of the judgment of Cassation may cause damage to the accused. Therefore, it should be prescribed a special case is if the Court of Cassation for the accused entitled to probation, but was also suspended as the verdict was being appealed and mitigation under the procedure of Cassation, then the probation of probation to the defendant from the date of pronouncement of the judgment of first instance or the appeal has been appealed.
IV-ABOUT 95 the CRIMINAL PENAL CODE defined the crime of 95 Articles created, storing, use, unauthorized trading or appropriating warfare, military engineering vehicles.
When to apply Article 95 PENAL CODE notes that the object of the offence prescribed in this law is the only arms and military technical means.
1-warfare is a special form of military technical means to destroy, demolish the technical facilities of the enemy.
According to point a article 1 Decree 179-CP dated 11-12-1964 of the Government Council on the management of arms, weapons, defense, sports, the arms included "pistols, rifles, machine gun the size, the type of big guns, automatic weapons, the type of ammunition for the weapons mentioned above and mine , mìm Kip dynamite. "
Also in the spirit of this Decree, the explosives and a fuse in mine production, not warfare.
So shotguns, automatic weapons, ammunition, bombs, mines mentioned above are equipped for any who are considered military weapons. Only mine-defusing explosives, are equip the armed forces, self-defense militia to take on new defense purposes are considered military weapons. Also the type of mine-defusing the explosives, used in the manufacture (including equipment for the armed forces to do the economy), then it is considered explosive according to the provisions of article 96 PENAL CODE.
2-in addition to warfare is a military technique means a special form was split into independent groups, technical means include military combat vehicles and not fighting, military, machinery and other technical means for the armed forces.
Military technical means might be the technical means to directly fight or technical means to ensure the fight.
To treat a type of vehicle, equipment, and machinery would have to be technical military means or not, must determine the type of vehicles, equipment and machinery which is of the type fitted to the armed forces to fight it or guarantee the fight or not. For manufacturing, storing, use, unauthorized purchases or seized weapons. (article 95 PENAL CODE) is the crime of intentionally, so that the offender is aware that they are guilty of this.

Also note that if any person storing, using, buying and selling unauthorized or misappropriate the vehicles, equipment, machinery as well as defusing mines, explosives, equipment for the force, but learn to use in production, in construction, and they also recognize that they are not subject to criminal liability under article 95 PENAL CODE , which can be processed on the other crimes.
In case the offender uses storing, unauthorized purchases, or appropriating military technical means that are obviously not aware that vehicles are in the army to fight or fighting secured (i.e. their subjective attitude manifested in that it was the media who's , to do anything they do not need to), then based on the fact that the media that are equipped for the purpose to plan crimes, namely: If that means practically for the armed forces to fight or guaranteed fight then the offender must bear criminal liability under article 95 PENAL CODE.
3-dagger, bayonet military use is rudimentary arms, so the possession, use, sale or illegal appropriation of this weapon are not considered crimes bud according to PENAL CODE 95.
V-ABOUT the HEAVY INJURIES or HEAVY DAMAGE to HEALTH (ARTICLES 109 and 110 PENAL CODE) In resolution No. 04/1986-11-29 JUDGES Council of judges of the Supreme People's Court gave preliminary guidance on the distinction between the heavy injury or severe damage to health with other injuries. Now need to clearly guide more about injury or severe damage to health (hereinafter referred to as severe injury) as follows: judicial practice shows that the injury is severe the injury risk to the computer network, causing blindness, deafness, loss of an organ of the body or loss of function of that agency causes of mental illness, failure to conceive, causing ugly appearance, injuries at a rate of over 30%.
1-injury endangering life: this is the kind of injuries that threatened to make the victims were killed immediately after the injury or if not treated promptly, the usual victims are killed. If due to heal up the idea that the victim is not killed, not even losing two significant health badly, the injury is still considered dangerous for the computer network at the new injuries.
Trial practices suggests the following injury type is considered dangerous injury for computer network: a) the injury riddled, slamming, broke his skull, including the case of not hurting the brain.
b) heavy brain shocks with symptoms of danger for computer networks.
c) the injury riddled big chest, abdomen, including the case of not hurting the body inside.
d) stamping, perforation injury, breaking the spine, including the absence of damage to the spinal cord.
large fractures) as the femur, shoulder, hip, pelvic fossa ... e) injury to blood vessels such as the aorta, arteries, veins, the veins, the veins of green straps ... g) the injury riddled, rupture of the esophagus, larynx.
h) stamping, perforation, rupture of organs in the chest, in the abdomen with the life-threatening symptoms (bleeding, severe dizzy ...).
I) stun heavy injuries, lost a lot of blood caused by clogged blood vessels.
k) severe poisoning.
l) for heavy Burns.
2-the injuries do blind eye: blind eye mean when the victim completely see or does not distinguish the shape of an animal in very close. People who are blind an eye identified injury rate 41%, to blind an eye should have been considered heavy injury.
3-the injuries do deaf: Deaf ears means absolutely not hear something or when the victim does not hear the voice to in the very near distance (from 3 to 5 cm). The deaf an identified injury rate of approximately 20-25%, so the deaf an ear not to be injured like heavy.
4-the injury loss of an organ of the body or loss of function of that agency, as the case of:-leg, arm or paralyzed legs.
-Inability to childbirth (the ability to communicate, ability to conceive, pregnancy and childbirth possibilities).
-Lost voices ...
5-injuries cause mental illness.
6-failure causing injury.
7-the injury causing the ugly appearance.
8-The future of other area, other damage to health which the victim identified the future rate of over 30% disabled.
VI-ABOUT the INJURIES LEADING to DEATH who need to understand the content of article 109 PENAL CODE as follows:-severe injuries was sentenced under item 2 Article 109 PENAL CODE.
-Whoever tried severely sentenced under paragraph 3 to article 109 PENAL CODE.
-Space causing injury leading to death people convicted under paragraph 3 to article 109 PENAL CODE.
-Injuries are not severe, does not cause severe issue, does not lead to death, sentenced under article 109 paragraph 1 PENAL CODE.
The injury led to the first deadly heavy injuries make the victim died of heavy injuries, meaning between the injury and the death of the victim has a cause and effect relationship. Example: crashing into the side of the victims made the definitive circuit victims lost a lot of blood and the hips should victims were dead.
Also considered as intentionally causing injury leading to fatal case of injury not severe injuries, but because the victim is too weak to have serious illness, work injury makes die sooner, if not causing injury, the victim is not dead.
VII-ABOUT CONVERTING FROM SOME FORM of APPROPRIATING the PROPERTY into ROBBERY trial practices shows that the courts have defined the crime of inconsistency with regard to the case of the serial killer guilty of appropriating assets (such as robbery, the course taken, theft, fraud) has used the violence to be fixed assets seized or to escape. Many courts have regarded every case is robbery ... by contrast has the Court only considered the use of violence is the aggravation of the appropriation rather than convicted perpetrators of crime of robbery ...
Now need to unify as follows: a) If is the case do not yet usurped property that perpetrators use of force or threat of immediate violence to expropriate property for the specified offence is required by to be robbery ... b) if the offender case has seized the assets and property owners, but maybe other people have regained the property or are still in the property fight in the hands of transgressors, that perpetrators use of force, or threat of immediate violence to seized property to be defined, what crime is robbery ... with regard to the above cases just convicted perpetrators of a crime is robbery. and consider the (not yet into or did) before use of force or threat of immediate violence is details of the crime.
c) If the use of violence (or threat of violence) is aiming to escape (even when escape together with the assets seized are), then no convicted perpetrators of robbery..., and the case that convicted them of crimes before the violence (or threat of violence) and considered the use of violence (or threat of violence) is the episode " Swat to escape "(episode framing higher penalties under articles 131, 132, 154, 155 PENAL CODE). If the use of force leads to deadly consequences the offender sentenced to more about murder. If the consequences of the use of force is causing a severe problem or injury resulting in death, the offender was convicted on charges of intentionally causing more injuries according to paragraph 3 to article 109 PENAL CODE.
VIII-on the SUBJECT of CRIME of LACK of RESPONSIBILITY CAUSING SERIOUS DAMAGE to the SOCIALIST PROPERTY (article 139 PENAL CODE)

Guilty of lack of responsibility causing serious damage to the Socialist property is the case because of the lack of liability should not make or made incorrect assigned that task to let the Socialist property due to directly manage the loss of, damage or waste to be treated as serious damage to the Socialist property , meaning that the Socialist property loss, damage, severe wasting is the direct consequence of the lack of accountability. The subject of this crime so that those who live kept the property (such as a store keeper, Treasurer, sales people, who escorts the goods, materials, protective ...). The subject of this crime may well be people who have signed the incomes and expenses, allocations, payments of property. (as accounting officers, leaders have the task directly in the management of the property). Also people who have a position if so suspended is tossed, manage without doing or performing incorrect assigned tasks to happen the other person do the loss, damage, wasting, appropriating Socialist properties, is the subject of the criminal lack of responsibility causing serious consequences (article 220 PENAL CODE) , because the lack of responsibility was not directly caused the loss, damage or waste to do serious damage to the Socialist property.
IX-ABOUT ACTS CONSTITUTE PART of the PRICE DISPARITY DUE to the INFLUENCE of SELLING the ASSETS formerly SOCIALIST guide that: "officers to directly manage business in the distribution industry, circulation, provide materials, goods by themselves managing unauthorized selling out in the market to enjoy the part price difference in fact, also the "buy" illegal, should be also considered "buying suits". Who was legal affairs economic contracts implementation go sell some types of goods with a price specified in advance, but this person has not sold under contract (not sold by price that has legal personality), automatically provide Visual retrieved prices are higher than the price stated in the contract to be guilty of speculation ". Some courts do not agree with the above guidelines and regulations have been indicted in the same case was the embezzlement of Socialist property.
As in the case of the said transgressors not buyers of commodities, materials, so no sign of "purchase," "buy suits", and therefore, cannot sin is speculation. But the criminal conviction on charges of embezzlement of Socialist property also is not, indeed, the transgressors only enjoy fare because they themselves created, while Socialist assets are valued according to the rates specified wouldn't be dents. In this case need to guilt is "taking advantage of position and powers while on duty" (article 221 PENAL CODE), because perpetrators have since service benefit (amounting to enjoy fare) that take advantage of Office, powers left to do (sell goods and materials too high price specified) cause damage to the interests of society , the legitimate interests of the citizens (consumers to purchase goods, materials with high price too was prescribed).
Also certain crimes is "taking advantage of position and powers while on duty" cases of people going to get goods, materials for the enterprises, ..., but has the automatic sale of goods, supplies it with high price, then by the deceitful tricks (with its capital stock, the sales staff , accountant, Treasurer.) added money for the enterprises, bodies..., so no harm for the enterprises, the Agency ..., but constitute the enjoyment to be fare.
There are also cases automatically purchase goods, materials management by themselves with the lower price reviews rules and buy merchandise, supplies under the lower price to the shaft. A number of courts have considered the axis of this nefarious interests is the advantage of the crime of intentionally broke the rules of the State in economic management. (article 174 PENAL CODE). For this case the need to plan the crime is embezzlement of Socialist property, because obviously the SOCIALIST property has suffered attrition due to the offender takes advantage of the Office, the powers created fare to usurp.
X-ABOUT the CONSUMPTION MULTIPLE TIMES with NO PROMISES BEFORE the previous instruction as follows: "consume the property appropriated no promises before the public is breaking of the appropriation of the property in the following cases: 1-many times the consumption of the property knew of the man who seized several times.
-Consumption from 4, 5 times upward of an appropriation that is consumed in a systematic way. Individual case only consume a few, three times has been considered appropriating offense plus (ie: where the guys consumed few, three times which is the professional's time consumption).
Trial practices reveals manual on this is not logical, because when an earlier promise not to consume anything with the appropriation does not know who seized guilty of anything and at any time, so can not say who consumed well done a crime with the expropriations. Therefore, should only convicted perpetrator to consume many times with no promises about guilt consumes the property crimes by others that have under article 201 PENAL CODE.
XI-on signs "HAS BEEN HANDLED POLITICALLY BUT ALSO VIOLATING" for the crimes specified in the criminal code as illegal business (article 168), cheated customers (article 170), production of or trafficking in illegal alcohol, tobacco (article 183), evading military service (article 206), evade the obligation of public workers (article 208) , in violation of regulations on the management of the home (article 214), except in cases of unauthorized transfer home by State or social organization management, profit big nefarious, "has been handled politically but also violating" sign is required of constitute crimes, missing it, yet there is crime.
For those guilty of tax evasion (article 169), making fake tickets, trafficking in counterfeit tickets (article 173), deliberately broke the rules, policy, economic management mode of the State cause serious consequences (article 174), unauthorized funds (article 175), the false report in the economic management (article 176), in violation of regulations on the management and protection of land (article 180) , in violation of regulations on the management and protection of forests (article 181), use or distribute unauthorized power to cause serious consequences (article 182), substance abuse survey of cattle (article 184) without conditions "in large numbers" (for the crime of making false tickets, trafficking in fake tickets and charges of tax evasion) or details of "serious consequences" (for the rest of the crime) , then the breach also only incur criminal liability when there were times dealt with the administration of similar behavior.
Because "has been handled politically but also violated" a sign constitutes required of criminal cases as stated on here, so people have not dealt with administratively is considered to have no criminal liability even in cases of behavior that they've made have the framing higher penalties. Example: Who has not dealt with the Administration about evading military service has no criminal liability even in the case of the evade their military obligations had one (or many) details are specified in item 2 Article 206 PENAL CODE as: "self-injury or harm to your health" , "a crime in wartime", "entice other people guilty," because the episode is only the higher penalty, framing means that when there is one in this episode, the guys who evade military service has ever dealt with the administration of similar acts must be dealt with under item 2 Article 206 PENAL CODE.

Because the Administration has dealt with "but also" violation is also mandatory signs of the crime of "illegal business", so people have not dealt with the Administration about the illegal business have no criminal liability even in cases where the unauthorized trading of they have the details set forth in item 2 article 168 PENAL CODE as : "nominal advantage of State bodies, social organizations," "impersonate a bogus organisation", "large numbers of illegal or great value", "nefarious big profits".
XII-ABOUT the "LARGE NUMBER of PROPERTY", "GREAT VALUE" ASSETS, "CAUSING SERIOUS DAMAGE to PROPERTY", "NEFARIOUS" BIG PROFITS In HDTP resolution 04/29-11-1986 the Council of judges of the Supreme People's Court has instructed that property damage under 100,000 is "serious damage to property" , damage to property from the same 100,000 or over is "particularly severe consequences" of the crime of violation of the rules of safety of transport cause serious consequences; the money robbed from 50,000 to 100,000 Dong Dong was "considered to be large".
Due to the inflation situation, unstable prices, should the instructions say on now no longer fit any more, so the need to unite as follows: about 5 tons of rice, five tons of gasoline, kerosene, nitrogen, 10 kg of opium, 5 Ta main, 2 pastas tons white sugar types 1, 2, the amount of gold for money and property types other materials, merchandise, then rules out worth the equivalent of 5 tons of rice-are considered to be the amount of assets, goods, materials, large or valuable in large numbers, when worth 3 times the levels mentioned above shall be considered to have great value or have very large amount, i.e. in the case of particularly serious.
Illegal profits are a number of properties, goods and materials of value greater then considered huge illegal profits. Huge illegal profits is in the case of particularly severe.
Damage to property with great value shall be considered to cause serious damage to property, is causing serious consequences. Damage to property with great value shall be considered particularly severe damage to property, is particularly serious consequences.
The instructions in this section are applicable to the invasion of Socialist property, the invasion of the citizens, the guilty consequences are damage to property, the crime of harbouring or consume the property crimes by others that have received bribes, crimes, offences taken bribes , the crime of brokering bribes and making the sign of the crime of "illegal profits".
On the episode "the large number or great value" for a number of offences such as smuggling or illegal transportation of goods across the border, currency speculation, smuggling or storing prohibited, making counterfeiting, trafficking in counterfeit, unauthorized trading, making fake tickets, trafficking in fake tickets circulating from poor product quality tax evasion, etc., will have their own guidelines the Council of judges of the Supreme People's Court. 
 
 
TM. The COUNCIL of JUDGES of the SUPREME PEOPLE'S COURT CHIEF JUSTICE (signed) Pham Hung