>>French-ruled Vietnam's law on crimes against human life
>>Revilement and slander prescribed in criminal laws of French-ruled Vietnam
Pham Diem
Burial and worship are two major concerns in the spiritual life and customs of oriental people in general and the Vietnamese in particular. The “Hoang Viet hinh luat “ (Vietnamese Emperor’s Criminal Code) of the monarchic regime in the French colonial times devoted two chapters (Chapters XIX and XX) to the offenses against the laws on burial and worshiping. These offenses are of two categories: illegal burials, encroachments on burial grounds and places of worship.
I. Illegal burials and encroachments upon burial grounds
Article 266 of the Code prescribes in detail the procedures of death declaration and the time frame for burying the dead. When a person dies, the next of kin who is present at the time of the death, or the family of the dead or otherwise the witness, shall within 24 hours have to inform the local official. The latter must immediately proceed to the house of the dead to examine and issue the burial permit. The burial must be carried out 12 hours after the death at the earliest and one month at the latest (if the dead is a mandarin) or eight days (if the dead is a commoner). This allowance for a long time in burying the dead is due either to deference to the traditional belief in the horoscope of the Viet which prescribes “good” or “bad” hours for burial or deference to the presumed wish of the dead to wait for the presence of his or her closest descendants in the final journey. Also according to Article 266, if the burial is carried out before permission is granted or if the burial is outside the time allowed, the principal offender shall be sentenced to imprisonment for one to three months or fined from 10 to 30 piasters (currency of French Indochina); the accomplice shall be jailed for 15 days or fined 5 piasters.
The prevailing custom of the Viet is to inhume the dead. Article 267 of the Code prescribes that the dead at any age must be buried. He who dumps a corpse into the river or does not bury it shall be jailed for from two months to three years. If the dead is on a higher rank in the family hierarchy or older in age or the spouse of the survivor, the principal offender shall be jailed from 4 to 5 years, and the accomplice shall be handed half the penalty.
On the place of burial, Article 268 stipulates: If the dead is buried in a forbidden place reserved for worshiping or in a land owned by another person without consent of the land owner, the offender shall be given a sentence of imprisonment for 2 to 4 months or fined from 20 to 40 piasters. He who detects the body of the dead but fails to report to the local authorities for examination, instead removes the body to another place, or buries it stealthily, shall be given the same penalty, and the accomplice shall receive half the penalty of the principal offender. A geomancer who instigates others to commit the offenses mentioned above shall be penalized as the principal offender. On the measures to remedy the consequences of illegal burials, Article 269 further stipulates that within one month the offender must remove the grave to another place. Past this time limit, he shall be sentenced to six months’ to one year’s imprisonment. If the local authorities have to handle the job, which should have been done by the offender, the latter shall have to bear all the costs of removal.
There were specific prescriptions for exhumation and reinterment after several years. Under Article 270, the reinterment must have the permission of the local authorities and must comply with the local customs. Contravention shall result in penalties of 2 to 4 months’ imprisonment or fines of 20 to 40 piasters and one months’ imprisonment or a fine of 10 piasters for the accomplice.
Now as in the past, encroachment on the graves of others is regarded as the worst case of inhumanity and is severely condemned by public opinion. Accordingly, such acts are severely punished under law. Under Article 271 of the above-mentioned code, he who intentionally or unintentionally encroaches upon the grave of another, shall be sentenced to from 3 months’ to 3 years’ imprisonment. The law also provides specific penalties for the following cases:
- To dig up the grave of another, lay bare the coffin and even the corpse: Punishment is from 5 to 8 years of hard labor. The heaviest penalty shall be imposed if the offender is a relative next in the lower rank to the dead.
- If the chief of clan destroys the grave of a person in the same clan, he shall be given from 4 to 5 years in prison; the accomplice shall receive half that penalty.
- If the grandparents or parents destroy the grave of their descendants, they shall be sentenced to 6 months’ to 1 years’ imprisonment; the accomplice shall receive half that penalty.
In extremely serious cases, Article 272 stipulates that a person who destroys the corpse or steals the remains of the dead, shall be condemned to 10 to 20 years’ hard labor (if the offender is not related to the dead), or hard labor for life (if the offender is a relative of the dead).
II. Penalties against violations of places of worship
In the spiritual life of the Vietnamese, worshiping (including ancestral worship and the worship of genies) has always been regarded as sacred for each person, each family and the whole community. That is why, the law has been very strict on any act of violation against the places of worship.
Article 274 stipulates in the most general way that anyone who uses force and threats to compel others to practice a worship against their will or prevents others from worshiping, shall be sentenced to 2 to 6 months’ imprisonment or fined from 20 to 60 piasters; the accomplice shall receive half the penalty of the principal offender.
Under Article 275, he who provokes disturbances to prevent or delay the worship in a pagoda or other places of cult, shall be sentenced to from 3 to 6 months’ imprisonment or fined from 30 to 60 piasters; the accomplice shall be given 1 to 2 months’ imprisonment or fined from 10 to 20 piasters.
Article 276 stipulates that he who commits acts of desecration by words or deeds against votive objects at a place of worship or where worshiping is taking place, shall be sentenced to from 2 to 4 months’ imprisonment or fined from 20 to 40 piasters. If the offense is made against the officiating person, the sentence shall be from 3 to 6 months’ imprisonment and the fine shall be from 30 to 60 piasters; the accomplice shall be penalized half as much.
Under Article 277, he who deliberately causes disturbances while the villagers are meeting or holding a ritual ceremony, shall be sentenced to 1 to 2 months’ imprisonment and fined from 10 to 20 piasters, the accomplice shall receive the lightest penalty in this category.
Under Article 279, no one is allowed to intervene or obstruct when a family is conducting the funeral without contravening law. He who encroaches upon the funeral in another family by words or by deeds, shall be sentenced to 2 to 4 months’ imprisonment or fined from 20 to 40 piasters.
On the whole, the provision of punishment for the violations in the matter of funerals and worship in the old penal code proves that the law makers of the old days attach great importance to the spiritual life and the observance of customs, and their constant care to make the laws conform to realities of life.-