Disruption in court and panel from the perspective of legislation techniques

  • Nguyễn Ngọc Hoà
Keywords: Excluding feature; multiple offence; disruption in court

Abstract

Based on the overview analysis of provisions on disruption in court and panel under Article 391 of Criminal Code 2015, the paper points out the limitation in legislative technical skills, focusing on the feature (which in this paper is called “excluding feature”): presenting assessment of the relationship between basis for determination of the crime and basis for sentence bracket as well as the unaccuracy of “excluding feature” provided in the clause 1 and 2 of Article 391 of Criminal Code 2015. The paper also presents the unexpected consequences when applying this feature in practice.

điểm /   đánh giá
Published
2020-11-13
Section
RESEARCH - EXCHANGE OF OPINIONS