ÁN LỆ SỐ 76/2025/AL: VỀ VIỆC TỊCH THU SUNG VÀO NGÂN SÁCH NHÀ NƯÓC CÔNG CỤ, PHƯƠNG TIỆN DÙNG VÀO VIỆC

Approved by the Council of Justices of the Supreme People’s Court on December 24, 2025, and published through Decision No. 339a/QD-CA dated December 25, 2025, of the Chief Justice of the Supreme People’s Court.

Source of the caselaw:

The appellate criminal Judgment No. 282/2021/HS-PT dated December 6, 2021, of the People’s Court in Dong Nai province regarding the case “

Placement of the caselaw facts:

Paragraph 11 of part “The Court’s Assessment”.

Overview of the caselaw facts:

Caselaw scenario:

The defendant bought a car but had not carried out the procedures for transferring in accordance with the law, the seller confirmed that the car had been sold to the defendant and had not been in any disputes of property own rights. Then, the defendant used the car to commit the crime.

Legal solution:

In this case, the Court shall determine the car to be the defendant’s asset and state the confiscation and transfer to the State budget.

Regulations related to the caselaw:

- Point a clause 1 Article 47 of the Criminal Code 2015 (amended and supplemented in 2017, 2024 and 2025);

- Point a clause 2 Article 106 of the Criminal Procedure Code 2015 (amended and supplemented in 2021, 2024 and 2025).

Keywords of the caselaw:

“Buying car but have not carried out procedures for transferring”; “Use of car as tool or vehicle to commit a crime”; “Confiscation and transfer to the State budget”.

Link for reading: CASELAW No 76/2025/AL

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