Public Law
Criminal
Crimes
Classification: MAXIMUM
extremely serious: 15-20
very serious: 7-15
serious: 3-7
less serious: <3 years of imprisonment
Main criteria (VN theo triparty)
subjects have enough legal capacity (A12)
Mens rea: intentionally and involutarily (A10, 11)
contrary to the law (A2)
Actus Reus: activity need to be expressed outside
is criminal delicts (a8)
Penal Code (normative legislation doc)
Definition
adjusting methodology: authority
adjusting objects: relationship between offenders and state
Administr
Complaint
purpose: protect individuals right/ benefit (because of the imbalance in power in the admini relationship)
object of complaint: admini decisions
mechanism to review admini decision
Admini delict/ sanction
sanction
in state administrative management
adjusting methods: authority/ objects: relationship betweem offender and the state
admini procedure: is used to apply admini sanction
the subjects liable for the violation before the state (break the state benefit only)
enacted by: competence agencies (admini agc)
delict
eg: A cross red light -> B little damage -> adm delict
violation sector: state admini management only
subjects: individuals and juristic person
danger level: < than crimes
Admini process / Judical process
judi: enacted by, at the people's court/ appear in many legal relationships
admini: enacted by Admini agencies, only in state admini management
Enacted by
administrtive agency: The Government; Ministries; The People’s committee; Departments, Councills
Features
The administrative violators have to liable for the illegal acts before the state.
Almost the administrative disputes are settled by the administrative process. (all: process + procedure)
At least one side of the admini legal relationships holds the state power
The relationships are arised by requirements of any side
rights and duties of the subjects are always in terms of state administrative management
Source
legal normative + precedent
