 |
| Inmates in Thu Duc prison (Z30D) in Ham Tan district, Binh Thuan province regularly take part in sport activities__Photo: VNA |
The Government rules out the provisions concerning the penalty of life imprisonment without parole but retains the proposal of abolishing the death penalty for eight crimes in the draft Law Amending and Supplementing a Number of Articles of the Penal Code (the draft), according to Deputy Minister of Public Security Le Quoc Hung.
At the 46th session of the National Assembly (NA) Standing Committee that solicited opinions on the draft on June 10, Hung said the proposal of abolishing the death penalty for eight crimes was based on the nature and severity of these crimes, the importance of protected subjects, and the possibility of remediation of these crimes’ consequences.
Such proposal showcased the Vietnamese State's policy of clemency and Vietnam's adherence to its international commitments.
Regarding the abolition of the death penalty for the eight crimes, Chairman of the NA’s Committee on Legal and Judicial Affairs Hoang Thanh Tung said there were two main viewpoints. One group of NA deputies supported the Government’s proposal to abolish the death penalty for eight crimes - Carrying out activities aimed at overthrowing the people’s administration (Article 109); Espionage (Article 110); Sabotaging physical-technical foundations of the Socialist Republic of Vietnam (Article 114); Producing or trading in counterfeit goods being curative medicines or preventive medicines (Article 194); Illegally transporting narcotics (Article 250); Crimes against peace, waging wars of aggression (Article 421); Embezzling property (Article 353); and Taking bribes (Article 354).
The other group agreed to remove the death penalty for four crimes prescribed in Articles 109, 110, 114 and 421. They argued that the most severe penalty should be retained for the remaining four crimes.
Tung said the Committee’s Standing Board agreed with the Government’s decision to withdraw the proposal for life imprisonment without parole, suggesting the Government to continue to thoroughly study and assess the impacts before proposing comprehensive amendments to the Penal Code when necessary.
Earlier, with the draft presented in the first phase of the 9th session of the 15th NA, the cabinet proposed abolishing the death penalty and replacing it with life imprisonment sentence without parole for eight crimes.
During the NA discussions on the draft, NA deputy Phan Thi My Dung, Director of Long An province’s Justice Department, suggested reconsideration of life imprisonment without parole which, she said, “may not be more humane than the death penalty”.
Dung explained that death row inmates can have their sentences commuted to life imprisonment through the President’s amnesty decisions. However, life imprisonment without parole would mean lifelong incarceration, potentially removing the motivation and meaning of rehabilitation for inmates, leading to a psychological reluctance to serve their sentences. Furthermore, such a provision could burden the State and the detention system, she added.
NA deputy Truong Trong Nghia, Vice Chairman of the Ho Chi Minh City Bar Association, also stated that “life imprisonment without parole is not truly appropriate in this context.” He noted that life sentences are rarely commuted unless inmates show good behavior, make significant contributions and genuinely commit to rehabilitation.
“This policy shows no positive effect on inmates and their families,” Nghia said.
The draft is expected to be passed at the on-going second phase of the 9th session of the 15th legislature.- (VLLF)
