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New guidance on penal examination of fire prevention and fighting regulation violations
With a view to strictly handling acts of causing fire incidents, the Judicial Council of the Supreme People’s Court has recently issued Resolution 02/2024/NQ-BTP, guiding the handling of the fire prevention and fighting-related crime provided in Article 313 of the Penal Code.
A fire incident in a karaoke bar in Hanoi__Photo: Vietnam+

With a view to strictly handling acts of causing fire incidents, the Judicial Council of the Supreme People’s Court has recently issued Resolution 02/2024/NQ-BTP, guiding the handling of the fire prevention and fighting-related crime provided in Article 313 of the Penal Code.

Accordingly, from June 18, violations of regulations on fire prevention and fighting specified in Article 313 of the Penal Code will include acts violating fire prevention and fighting regulations specified in the Law on Fire Prevention and Fighting and acts violating fire prevention and fighting regulations specified in relevant laws.

Where a person performs jobs that require compliance with regulations on occupational safety, occupational health and safety in crowded places but, during the job performance, he violates such regulations and his violation causes a fire and damage, he will be subject to penal liability examination for the fire prevention and fighting-related crime under Article 313 instead of the crime violating occupational safety, occupational health and safety in crowded places prescribed in Article 295 of the Penal Code.

Where a person commits multiple criminal offenses, if each offense involves sufficient elements constituting a crime but he has yet to be examined for penal liability while the statute of limitations for penal liability examination has not expired, he will, in addition to being imposed the penalty corresponding to the total damage caused by such offense, also be subject to the penal liability-aggravating circumstance of “committing a crime twice or more” specified in Article 52 of the Penal Code, the Resolution stressed.- (VLLF)

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