Viet Nam Human Rights
NA Standing Committee debate revised Penal Code
7/4/15
Members
of the 13th National Assembly (NA) Standing Committee scrutinised amendments to
the Penal Code during the committee’s on-going 37th session in
The Government has
proposed reducing the crimes eligible for the death penalty to 15 from the
current 22, saying that the reduction demonstrates the State’s humanitarian
policy and judicial reform.
While most participants
backed the general proposal, NA Vice Chairman Huynh Ngoc Son argued that the
death penalty should not be abolished for the crime of breaching peace, the
crime of waging aggressive war, crimes against humanity, and war crimes, deemed
the most serious among the crimes.
Chairwoman of the NA Committee
for Social Affairs Truong Thi Mai agreed with the draft revision to not impose
the death penalty on criminals aged 70 and above in line with global standards.
Son countered, saying
people in their 70’s are generally still physically and mentally capable, able
to continue perpetuating crimes such as leading crime organisations.
He urged the
classification of specific groups of crimes and communicating circumstances for
the death penalty in the hope of deterring criminals.
The draft revised Penal
Code comprises 441 articles, increasing by 87 articles from the current one. It
supplements 63 articles, amends 370 articles and abrogates eight others in the
current Penal Code.
NA Chairman Nguyen Sinh
Hung emphasised that the amendment of the Penal Code should be in line with the
spirit of the 2013 Constitution, particularly in issues related to the people.
He asked relevant agencies to continue working on the draft before submitting
it to the NA again.
The NA Standing
Committee’s 37th session is convening from April 6 to 10.
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All comments [ 12 ]
with a view to perfecting anti-bribery regulations in the 1999 Penal Code with support from the United Nations Development Programme in Vietnam.
discussed the challenges in enforcing the Penal Code’s regulations on bribery; identified differences between the regulations in the penal code and international anti-corruption conventions; and shared international experience in dealing with bribery and recalling the bribes.
Penal Code revisions needed to protect human rights and citizens’ rights guaranteed by new Constitution
Human rights and citizens’ fundamental rights are protected and enforced by the entire legal system of which the criminal law is a critical part.
a key direction for revising the Penal Code (the Code) is to further improve the penal policy toward respecting and guaranteeing the fulfillment of human rights and citizens’ democratic rights
To protect everyone’s right to life, the Code allows the death penalty only for particularly serious crimes.
The death penalty cannot be applied to juvenile delinquents, pregnant women and women nursing children under 36 months at the time of committing a crime or being tried.
Death sentences will not be executed against pregnant women or women nursing under-36 month children.
The Code prescribes 22 crimes that carry the death penalty and 10 others related to direct or indirect, intentional or unintentional acts of illegally taking human life
the classification of specific groups of crimes and communicating circumstances for the death penalty in the hope of deterring criminals.
every laws should be revised in with the reality, that requires lawmakers shoud consider and study carefully during making laws
the revised Penal Code reduces the crimes eligible for the death penalty to 15 from the current 22, that shows the govement's humanitarian policy.
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