>>Crimes prescribed in penal laws of French-ruled Vietnam
>>Penal liability in the criminal law of French-ruled Vietnam
Pham Diem
State and Law Research Institute
In the criminal laws of Vietnam during the French rule, typically the “Hoang Viet Hinh Luat” (The Penal Code of Vietnamese Emperor), the group of crimes against political security was given special treatment by feudal law-makers. This, by its nature, aimed at nothing but the protection of the colonial regime and its stooge- the royal court. Consequently, the crimes against political security were prescribed right in the first chapters of the penal code.
Such crimes can be divided into the following specific groups:
I. Crimes of infringing upon the “protectorate” and the royal court
Articles 99, 100, 101 and 102 of Hoang Viet Hinh Luat gave general definition of these crimes. According to Article 99, those who use weapons to oppose the great France, the protector of Dai Nam (Vietnam) would be sentenced to death. Similarly, Article 100 stipulated : Those who employ tricks to overthrow the Government or change the royal court, or incite people to rise up against the imperial power, or infringe upon the lives of the queen, princes or princesses shall all be put to death. As these were considered particularly grave offenses, all offenders would be sentenced to death, regardless of whether they were principals or accomplices as clearly stated in Article 101. Even more, those who just attempt to commit such crimes would all be sentenced to hard labor for life, including both the principals and the accomplices, under Article 102 of the code, though with different levels: between 15 and 20 years for the principals, and 10 and 20 years for the accomplices (according to Clause 2 of Article 102). In cases where such a plot could not be realized due to disagreement among plotters, the instigator would be penalized with imprisonment for one to four years while other would be put under surveillance by local authorities and might be stripped of their civic rights.
Apart from the crimes of directly infringing upon the protectorate regime, the lives of emperors, queens, princes, princesses, the acts of infringing upon the honor of emperors, the royal families and the administration would also be severely punished by law. Such acts of criminal offenses were prescribed in Article 104 of the code, including:
- Those who insult the emperor, the queen and/or the crown prince before the public by words or by actions shall be sentenced to imprisonment for between 5 and 10 years, regardless of whether they are principals or accomplices.
- Those who use placards, books, newspapers, pictures, photos,… to defame the ancestors of kings, emperors, queens, crown princes,… shall be sentenced to imprisonment for between 3 and 5 years, regardless of whether they are principals or accomplices.
- Those who disgrace princes, princesses, royal family members and/or defame authorities shall be imprisoned for between 1 and 2 years, also regardless of whether they are principals or accomplices.
In order to protect the royal palace, Articles 105 and 106 of Hoang Viet Hinh Luat prescribed the following offenses:
- Those who enter the royal palace without permission shall be imprisoned for between 2 months and 1 year or subject to a fine of between 20 and 120 Indochinese dong, regardless of whether they are principals or accomplices.
- Those who breach the rules of the royal palace shall be subject to a prison term of from 1 to 6 months or a fine of between 10 and 60 Indochinese dong, regardless of whether they are principals or accomplices.
- Those who breach the royal ceremonies shall be subject to a prison term of between 1 and 3 months or a fine of between 10 and 30 Indochinese dong.
Besides, according to Article 107 of the said code, those who commit the following acts shall all be exiled to French colonies outside Indochina:
- Leaving Indochina to collude with foreign governments or political parties and bringing home weapons, books and newspapers, money to disrupt order and security.
- Destroying royal palaces or mausoleums and temples of kings.
- Concealing or harboring rebels.
- Harming the national security through propaganda.
The accomplices in these cases would be put into prisons for between 5 and 10 years.
II. Political rebellion
According to Chapter XII, the crimes of political rebellion cover such acts as inciting people to riot, organizing illegal meetings and/or demonstrations, illegally manufacturing and/or storing weapons, illegally setting up associations and/or political parties.
Under Article 110, those who participate in rebellion or hand weapons to people or incite people to take arms for rebellion at home or to attack prisons for release of prisoners shall be sentenced to death, for the principals, or to exile, for the accomplices.
Meanwhile, according to Article 111, those who recruit soldiers or ask other people to recruit soldiers and/or organize army without permission shall be sentenced to death, regardless of whether they are principals or accomplices.
These offenses were further specified in Article 115: Those who, when in rebellion, attack, loot and destroy army posts or barracks, public offices or warehouses shall be sentenced to hard labor for between 10 and 20 years. According to Article 117, those who, while in rebellion, commit the following acts shall be put into prisons for between 5 and 15 years, regardless of whether they are principals or accomplices:
- Digging trenches or blocking roads by themselves or helping others to do so in order to prevent army from suppressing rebellion.
- Delivering speech or calling for rebellion.
- Destroying telegraph and/or telephone lines, or occupying public offices.
According to Article 119, those who use machinery and/or explosives to destroy palaces, warehouses, real estates of emperors or the State shall be sentenced to death, for the principals, or to life servitude, for the accomplices.
Article 127 stipulated that those who print or publish books, news-papers, music records,…which incite rebellions, shall be imprisoned for between 2 and 4 years, while, under Article 128, those who incite others to participate in strikes or demonstrations shall be subject to a prison term of between 3 months and 2 years or a fine of between 30 and 240 Indochinese dong.
On the illegal manufacture and storage of weapons, Article 120 stipulated: Those who, without permission, manufacture, trade in, store or carry along long guns, hand guns, bayonets, spears, scimitars or other weapons banned by the State shall be subject to a prison term of between 1 month and 2 years or a fine of between 10 and 240 Indochinese dong. Even more, Article 128 provided that those who manufacture at their own will objects other than the weapons mentioned in Article 127, which, however, can explode, kill human beings, can cause fire and destruction shall all be sentenced to servitude for between 5 and 7 years.
Regarding the illegal setting up of associations and/or political parties, Article 112 stated: Those who head unlawful political parties with 20 members or more each, those who found by themselves or incite others to found political parties or supply weapons, money and other material assistance to unlawful political parties shall all be sentenced to death.
Article 137 stipulated that those who join clandestine societies shall be sentenced to hard labor for between 10 and 20 years, for the principals, or 5 and 10 years, for the accomplices.
In short, the provisions on crimes against political security constituted legal bases for the then colonial and feudal administration to suppress patriotic organizations, individuals and movements in Vietnam in order to maintain the colonial regime.-