TRÁCH NHIỆM HÌNH SỰ ĐỐI VỚI HÀNH VI THIẾU TRÁCH NHIỆM GÂY HẬU QUẢ NGHIÊM TRỌNG CỦA CÔNG CHỨNG VIÊN

Abstract

Nowadays, in notarial activities, many notaries have been prosecuted for the crime of “Negligence causing serious consequences” under Article 360 of the 2015 Penal Code, amended and supplemented in 2017. Through the analysis and study of specific cases, the article clarifies the inconsistencies in the application of the law concerning this offense, leading to different decisions in similar cases. On this basis, the article provides several recommendations to ensure consistency in adjudication, avoiding wrongful convictions or the omissions of criminal offenses. Additionally, the article suggests improvements to the databases and technical infrastructure supporting notarial activities to minimize risks for notaries and prevent violations of this offense.