>>Group of military offences in ancient laws of Vietnam
>>Position-related crimes in Vietnam's ancient laws
Pham Diem
State and Law Research Institute
Through thousands of years’ building and defending their country, the Vietnamese people had to cope with foreign invaders and domestic hostile forces. In order to protect the national independence and the kingdom’s sustainability, the feudal states in Vietnam always attached importance to defending the national security. The ancient laws of Vietnam, particularly the Hong Duc Code (of the 15th century) and the Gia Long Code (of the 19th century), prescribed in detail the crimes against the national security with heaviest penalties such as exile, death therefor. Such crimes can be classified into the following groups:
1. Crimes against the kings and the kingdoms
According to the Confucian concept, kings were the Divine Sons of Heaven and the media between Heaven and the public. Kings were persons who, on behalf of the Heaven, ruled, managed and took care of their subjects. The country with all mountains and rivers and the nation belonged to the king, not the people. Domestically, the people and land belonged to the king, a clan, a kingdom. The king was the State and vice versa the State was the king. Externally, the king symbolized the nation and represented the nation. As a result, the infringement upon the king meant the infringement upon the national security. Speaking of the national security, one should, first of all, speak of the security of the king and the sustainability of the kingdom; only when the king was secured could the country be in peace.
In the ancient codes, the crimes against the king were usually arranged in their first parts immediately after the general provisions. For instance, in the Hong Duc Code, the crimes against the king were concentrated in Article 50 through Article 96 while in the Gia Long Code, they were prescribed in Article 139 through Article 180.
Right in Article 2 of these Codes on “ThËp ¸c” (ten grave crimes), the crimes against the king were generally described right in the first clauses as exceptionally grave crimes which included the following four:
- “Téi mu ph¶n” - the conspiracy, with a plot which harms the nation, namely the plot to harm the king.
- “Téi mu ®¹i nghÞch” - the high treason, with a plot to destroy the king’s temples, mausoleum, palaces.
- “Téi mu chèng ®èi” - the betrayal, with a plot to collaborate with the enemy, betray the country and harm the king.
As the above-defined crimes directly infringed upon the king, they needed only plots not actions to be considered crimes.
- “Téi bÊt ®¹i kÝnh”, stealing the worshipping objects in mausoleums and temples or the king’s personal effects, forging stamps and seals (of the king), preparing medicines for the king not according to his ailment, cooking food for the king from which he abstained, criticizing the king.
Penalties accorded to the above crimes were specified in other articles. For example, Article 411 of the Hong Duc Code stipulated those who commit conspiracy or high treason would all have their heads cut and displayed to the public, their accomplices would be beheaded, their wives and property were confiscated for the public funds; local mandarins who fail to detect, hunt and arrest the criminals would be penalized, depending on the seriousness of their offenses; if deliberately tolerating or concealing crimes or criminals, they would be judged like the offenders.
According to Article 142, those who plotted to collaborate with the enemy, betraying the country and betraying the king would be sentenced to beheading; if they acted to collaborate with the enemy, betraying the country and the king they would be penalized with beheading and their heads would be put on public display, their wives and property would be confiscated for public fund.
Under Articles 430 and 431, those who stole stamps, seals and/or personal effects of the king or worshipping objects in the royal mausoleums or temples would all be beheaded and have their property confiscated for the public fund.
The Gia Long Code also spelt out very heavy penalties against these crimes. For instance, Article 223 stipulated that those who had committed conspiracy or high treason, regardless of whether it was realized or not, would be all, including the mastermind and accomplices, subject to “l¨ng tr× - tïng xÎo” (death by cutting the body piece by piece to the tune of drum beats), and all the convicts’ relatives would be beheaded. According to Article 224, those who plotted to collaborate with the enemy and betrayed the country and the king, would all, including the mastermind and accomplices, be beheaded, their wives and children had to work as slaves and their property would be confiscated.
In order to ensure absolute safety for the king, the ancient laws set in many specific provisions. For instance, Article 51 of the Hong Duc Code prescribed penalties against persons who entered the royal citadel without permission. Those, according to such Article, who arbitrarily entered the gate of the royal citadel would be beaten with stick, entered the forbidden inside door would be subject to corvee labor or exile; if carrying weapons, they would be penalized two grades heavier and their property would be confiscated for the public fund.
The forbidden palace was the place where the king and the royal family lived and worked. Hence, the mandarins had to leave the palace after the working hours. Article 54 of the same Code stipulated that those who entered the forbidden palace to work but stayed there overnight and those who tolerated such stay would be all subject to exile. According to Article 55, those who did not leave the palace after the working hours would be sent on exile, if they stayed in the place where the king slept, they would be beheaded. Article 63 stated that functionaries entitled to move into or out of the palace were not allowed to do so at night. Those who failed to observe this regulation would be sent to corvee labor. Those who entered or left the palace without permission would be sentenced to death.
In addition, in order to strictly protect the forbidden palace, Article 59 of the Hong Duc Code stipulated that those who climbed up and watched into the king’s palace would be penalized with corvee labor. According to Article 64, those who shot arrows into the palace would be sent to corvee labor, and into the king’s residence would be beheaded; imperial guards who unsheathed knives at the place where the king stayed would be beheaded and the bodyguards who stood by the king’s side but failed to promptly arrest such imperial guards would be sent on exile.
In the Gia Long Code, Article 166 stated those who, without permission, entered the royal citadel would be beaten with 100 canings, or entered the king’s kitchen or residence would be sentenced to death. According to Article 174, those who shot arrows or threw bricks or stones into the royal palace would be subject to hanging or beheading if injuring people.
Under the feudal regimes, the army was organized into two types: The imperial army stationing in the capital city to protect the forbidden palace and the local army stationing mainly in the frontier regions. The imperial army was the cracked force with strict disciplines and tasks to protect the king and the kingdom as well. In the Hong Duc Code, Article 66 stipulated that imperial guards who were on night watch but failed to carry adequate weapons would be judged according to army law in case of emergency, or demoted or sanctioned in case of non-emergency. According to Article 53, any imperial guard who asked other person not being the imperial guard to perform watch duty for him in the forbidden palace would both be subject to beheading; if he asked another imperial guard to perform his watch duty in the forbidden palace, both would be caned. According to Article 67, any imperial guard failed to conduct the patrol on time, he would be penalized with 80 canings and his commander would be fined.
Article 167 of the Gia Long Code stated that any imperial guard who asked another imperial guard to conduct the patrol for him, both of them would be beaten with 60 canings; if he asked another person not being the imperial guard, both would be beaten with 100 canings; if he evaded his patrol mission, he would also be beaten with 100 canings.
The king would be more strictly protected when he traveled incognito as clearly seen in the Hong Duc Code which stipulated in its Article 57 that when the king’s vehicle passed by, those who failed to give the way though having been pushed off by soldiers would be penalized with corvee labor; if such persons carried sticks they would be put on exile; if they carried spears or scimitars they would be subject to hanging; mandarins and guards who escorted the king but let such incidents occurred would be demoted to immediate lower rank. According to Article 65, when the king’s vehicle passed by, any persons who charged straight into the guards would be sentenced to corvee labor, or charged straight into the king’s canopy palanquin would be sentenced to beheading. If the king’s bodyguards let animals approach the king’s vehicle or palanquin, they would be dismissed from office.
The Gia Long Code, Article 168, stipulated that when the king made a patrol, any aids who fail to come or come late, or left early would be beaten with 100 canings, if they were mandarins they would be sentenced to corvee labor.
2. Crimes against the border security and national sovereignty
Vietnamese kings of various dynasties always paid attention to the consolidation of the border security and the protection of national sovereignty. For instance, King Le Thanh Tong (in the 15th century) was known for his talents in ruling the country. He initiated the compilation of the Hong Duc Code and was the person who attached great importance to the protection of the national sovereignty. He once said: “A meter of our land, an inch of our river cannot be easily abandoned. Those who dare to sacrifice a meter or an inch of land of King Le Thai To (the founder of the Le dynasty) to the enemy would be severely punished.”
It was under King Le Thanh Tong’s tenure that the first map of Vietnam was completely made. Vietnam’s ancient codes contained a host of provisions on the protection of the frontier security as well as the territorial sovereignty of the nation.
In the Hong Duc Code, Article 71 stipulated those who fled across the border gates or onboard foreign merchant ships to other countries would be sentenced to beheading. The border guards would be sentenced to exile if being not aware thereof or also to beheading if they were aware of such and deliberately let such persons leave. According to Article 72, border guards and commanders who failed to arrest persons smuggling banned objects through the border gates would be sentenced to corvee labor; if they were accomplices or committed such act by themselves, they would be subject to penalties one grade heavier. Meanwhile, Article 73 stipulated that any border guard who asked another person to perform his duty, both of them would be dismissed from office; if he hired such person, he would be subject to the penalty one grade heavier and his commander would be fined.
Particularly, Article 74 of the same Code stipulated that any one who sold border land and fields would be subject to beheading, sold slaves or elephants and/or horses to foreigners would be subject to the same penalty; if the village mandarins who were aware thereof failed to denounce such acts, they would be subject to the penalty one grade lower, and the district mandarins who were aware thereof but tolerated them would also be subject to beheading.
According to Article 75, those who sold weapons or explosives to foreigners, or disclosed military secrets to foreign countries would be all subject to beheading; the local mandarins would be subject to the penalty one grade lower if they were aware thereof but failed to denounce such act, or dismissed from office or fined, if they were not aware thereof.
Article 79 stated that the king’s envoys who, while on overseas missions, disclosed State secrets or took bribes, would be all sentenced to beheading; those who accompanied such envoys would be penalized the same if they knew it but failed to persuade the envoys, or be penalized one grade lower if they were not aware thereof. Article 116 stated that those who disclosed important secret plans would be sentenced to beheading.
The Gia Long Code also contained similar provisions. For instance, Article 64 stipulated that those who traveled overseas for official missions on the king’s order but failed to report to the king thereon when the missions were completed would be beaten with 100 canings, or returned home while the missions were not completed or took bribes would also be beaten with 100 canings.
According to Article 204, those who carried out espionage in the frontier regions or stealthily provided information for foreigners or foreigners who infiltrated for espionage, would be all sentenced to beheading; border guards and commanders who let such incidents occur would also be beheaded. Under Article 205, those who sold people or weapons or disclosed state secrets to foreign countries would be all subject to beheading; border guards and commanders who let such things happened would also have their heads cut.-