On March 30, 2020, in an attempt to prevent the increase of Covid-19 pandemic and to raise people’s awareness about disease prevention and control, the Council of Judges of the Supreme People’s Court issued Official Dispatch no. 45/TANDTC-PC on guiding the application of the law and organizing the trial for a number of common violations that constitute a crime regarding disease prevention and control as follows:
Firstly, the Council guides the identification of crimes under the Criminal Code:
The person who commits one of the following acts: (i) flee from isolation places; (ii) fail to comply with the quarantine regulations; (iii) refuse, evade the application of quarantine measures; and (iv) fail to report, make incomplete or fraudulent reports, if such person:
- Has been notified of being infected, suspected of being infected or notified to isolate due to his/her return from an infected areas, shall be regarded of committing “other acts of spreading dangerous epidemics to human beings” as prescribed in Article 240.1.c which may result in the maximum sentence of up to 5 years in prison.
- Has not been identified of being infected but living in a locked-down area, he/she shall be regarded as violating safety regulations in crowded places as prescribed in Article 295 which may result in the maximum sentence of up to 12 years in prison.
Moreover, the Official Dispatch also guides the criminal constitutions of some related crimes, such as:
- Owners, managers of business who conduct business activities after the decision of suspension, thus causing damage, shall be considered as violating safety regulation in crowded places as prescribed in Article 295.
- The person who posts fake, unauthenticated or misrepresented information relating to Covid-19 pandemic, thus causing public confusion, shall be regarded as committing the crime of illegal use of information on computer networks or telecommunications networks as prescribed in Article 288.
- The person who takes advantage of the scarcity or fakes scarcity during Covid-19 pandemic to bulk-buy or stockpile goods from a price stabilization program or goods priced by the State in order to earn illegal profit shall be regarded as violating Article 196.
Secondly, the Official Dispatch guides the application of sentences, judicial measure as follow:
- Impose severe sentences for serious consequences (such as spreading epidemics to two or more people, causing death, etc.);
- Impose fines, non-custodial reform or imprisonment but allow a suspended sentence in case of a crime that has not yet caused consequences or caused less serious consequences (such as not yet spreading the epidemic);
- Consider the application of additional sentences and judicial measures in accordance with the Criminal Code.
Third, the Official Dispatch requires to bring cases related to the prevention of Covid-19 pandemic to trial but still ensure regulations on prevention and control of epidemics.
The Official Dispatch No. 45 shows the efforts of the Council of Judges of the Supreme People’s Court in preventing crimes related to Covid-19 pandemic, thereby contributing to control of the epidemic.
Official Dispatch of the Council of Judges, though not considered as legal documents in accordance with the Law on Promulgation of Legal Documents 2015, is of great value for guidance and application to judicial bodies, as well as parties involved in the proceedings. Because, through the Official Dispatch, the Council of Judges analyzed, clarified how to apply and explain the provisions on crimes related to the Covid-19 pandemic.
In our perspective, the Official Letter is intended to guide the application of the law to a number of common legal violations related to the Covid-19 pandemic specifically and not for general disease. Therefore, these guidelines are understood to be applicable only at the time of Covid-19 pandemic and do not meet the common legal norm requirements of a legal provision. Moreover, the Official Dispatch also provides guidance on the organization of trials during Covid-19 pandemic. Therefore, it is appropriate to issue the Official Dispatch instead of the Resolution of the Judges’ Council by the Law on Promulgation of Legal Documents 2015.