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Official Gazette

Saturday, June 24, 2017

Top court mulls revisions to penal code

Updated: 10:02’ - 30/03/2017
The Supreme People’s Court on March 29 looked into issues relating to the draft law revising the 2015 Penal Code, including the scope of criminal liability by those aged 14 to 16 and the criminal liability of adults in commerce.

The Penal Code states that persons between the ages of 14 and 16 bear responsibility for very serious crimes intentionally committed.

The draft amended code expands the scope of criminal liability of children aged 14 to 16, stating that they will also be liable for intentionally causing injuries or damage to other people’s health, rape, and kidnapping for ransom.

The Supreme People’s Court on March 29 looked into issues relating to the draft law revising the 2015 Penal Code__ Photo: VNA/VNS

Pham Minh Tuyen, the Chief Justice of Bac Ninh Province’s People’s Court, said he disagreed with the changes.

“Some people say new regulations will prevent school violence. I don’t think so. School violence is the fault of the family, the school and society, it’s not children’s fault. We can’t make our children bear responsibility for that,” Tuyen said.

Nguyen Huu Chinh, the Chief Justice of Hanoi People’s Court, said the current regulations (the 1999 Penal Code) should remain unchanged.

The draft lists 28 crimes for which those aged 14 to 16 are to be held responsible. “The list is insufficient. For example, those from 14 to 16 can be taken advantage of to commit crimes that pose a threat to the nation’s security, because they won’t have to bear liability for such crimes under the amended law,” he said.

Pham Duc Tuyen, Deputy Chief Justice of Hai Phong People’s Court, agreed, and insisted that the regulation remain the same.

Discussion also focused on proposals to amend articles relating to preparation to commit a crime.  The draft law says preparation of weapons or dangerous chemical substances in order to inflict injuries on others people can result in jail terms of three months to two years.

“I think this is a proper and effective way to prevent crime from an early stage,” said Bui Van Giang, a judge from the National Military Court.

Regarding the liability of legal persons in commerce, the Chief Justice of Quang Ninh People’s Court, Ninh Hoang Van, said a specific penal liability was needed for individuals who act in the name of the collective and commit crimes.

Pham Duc Tuyen said the classification of crimes by legal persons in commerce was insufficient. “The identification of penalties would be fair and accurate only when the classification of the crimes is done properly,” he said.-(VNS/VLLF)
 

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