>>Falsities in Criminal Laws of French-ruled Vietnam
>>Position-related crimes in French-ruled Vietnam's criminal law
Pham Diem
State and Law Research Institute
In the feudal code titled “Hoang Viet Hinh Luat” (The Vietnamese Emperor’s Penal Code) of Vietnam during the French domination, revilement and slander were prescribed in various chapters, but largely in Chapter XXI on the infringement upon other people’s lots.
Yet, what is interesting is that the then feudal lawmakers spelled out the general definitions of the two different concepts of revilement and slander. To them, revilement meant insulting and rude words lavished out against other persons while slander meant untrue stories or rumors cooked up to harm other persons’ honor and dignity, as manifest in Article 319 of the code.
I. Revilement
The lawmakers categorized objects of revilement into different types (including public servants, commoners, grand parents, parents, teachers, house masters,...) and the reviling ways (verbally, in writing, pictures and photos..., in public...).
Regarding revilement against public servants, Articles 145 and 319 stated: Those who deliver public speeches, use words, written documents, printed matters or gestures to revile public servants (whether or not in public) who are per-forming their official duties shall be put to jail for between two and ten months or fined with 20 to 100 dong (Indochinese currency during the French time), or for 12 months or with 120 dong if they insult mandarins of fifth or higher grade or judges.
It was additionally prescribed in Articles 321 and 322 that if they openly humiliate public servants who are not on official duties, they shall be jailed for between two and six months or fined with 20 to 60 dong; if the insulting way was not open, the insulters shall be sentenced to imprisonment for between one and three months or subject to a fine of between 10 and 30 dong.
For revilement against commoners, Article 323 provided: Those who verbally revile an individual before a public meeting in the communal house, at court before a adjudicating judge, or through their written documents or printed matters, shall be jailed for between one and four months or fined with 10 to 40 dong. It was additionally stipulated in Article 326 that if a person reviles many people at a time, he/she shall be imprisoned for between two and six months or fined with between 20 and 60 dong; or even in Article 418 that those who insult or use vulgar words against other people even though they do not mention exact names of any persons shall be detained for one to ten days or fined with 0.3 to 3 dong.
Regarding revilements against one’s own grand parents, parents, husbands or one’s own teachers..., Article 327 stated:
- Those who insult their own paternal or maternal grand parents or parents and those wives, both first wives and concubines, who humiliate their husbands, shall be jailed for between one and three years or fined with between 120 and 360 dong.
- Those students who insult their own teachers, those servants who revile their own masters and those concubines who humiliate the first wives shall be imprisoned for between four months and one year or fined with between 40 and 120 dong.
- Those who revile their own uncles, aunties, brothers, sisters,... shall be subject to a prison term of between one and four months or a fine of between 10 and 40 dong.
For all the above-mentioned cases, the offenders would be prosecuted only when the reviled persons made their denunciations. Generally, all cases of revilement provided for in this Article were heavily dealt with, aiming to protect the fine traditions and family education in accordance with the Confucian views which have prevailed the Orient for centuries.
II. Slander
The feudal lawmakers categorized slanders into two types: false accusation and untruthful witness.
Regarding acts of false accusation, Article 328 stipulated: Those who make false accusation but without naming the offenders to mandarins shall be sentenced to a prison term of between six months and one year if their denunciations are determined as a grave offense; a prison term of between two and four months if their accusations are determined as a petty offense; or to one-month detention if their denunciations are considered a nuisance.
For all the above cases, the accomplices would be penalized like the principals.
For cases of naming exactly the offenders by the slanderers, Article 329 stipulated: Those who have a wolf’s heart and a beast’s feeling and make verbal or written slanders against other persons as having committed criminal offenses or administrative violations shall be dealt with as follows:
- If their denunciations are considered a grave criminal offense, the slanderers shall be jailed for between one and five years or fined with between 120 and 600 dong.
- If their denunciations are determined as a petty criminal offense, the slanderers shall be imprisoned for between three months and one year or fined with between 30 and 120 dong.
- If their denunciations are categorized only as a nuisance or an administrative fault, the slanderers shall be jailed for between two and three months or fined with between 20 and 30 dong.
Particularly if slanders lead to unjust trials, the slanderers shall be dealt with more severely as the cases prescribed in Article 331 as follows:
- If the falsely accused persons were put to death and the sentence was already executed, the slanderers shall also be sentenced to death; if the sentence is not yet executed, the slanderers shall be sentenced to hard labor for life.
- If the falsely accused persons were sentenced to hard labor for life, the slanderers shall be sentenced to 20-year servitude.
- If the falsely accused persons were sentenced to hard labor for a definite term or to imprisonment, the slanderers shall be sentenced the same.
- If the falsely accused persons were sentenced for a nuisance offense, the slanderers shall be jailed for three months or fined with 30 dong.
For all the above-mentioned cases, the accomplices shall have their penalties cut by half of the penalties imposed on the principals.
Regarding the false witness, Article 334 defined: Those who are summoned up for witness at courts or administrative offices and have made their oaths to declare the truth but betray their oaths by making untruthful declaration shall be considered as having committed the false witness. This offense was specified in the following Articles.
According to Article 335, those who make false witness for a grave criminal offense in order to protect or harm the accused even though the latter was released or charged with a petty criminal offense, they shall be sentenced to jail for between two and five years; if the accused was charged with a grave criminal offense, the witnesses who have harmed the accused shall be penalized like the slanderers prescribed in Article 331.
Meanwhile, Article 336 stated that those who make false witness in petty criminal cases in order to protect or harm the accused despite the latter is pleaded guilty or not guilty shall be jailed for between six months and two years; if the accused was sentenced to imprisonment for two years or more, the false witnesses would be penalized the same.
According to Article 337, those who make false witness in civil cases, economic cases or administrative cases in order to protect or harm the involved parties shall be penalized with a prison term of from three months to one year or a fine of between 30 and 120 dong.
Article 339 stipulated that not only untruthful witness but also persons who incite or coerce other people to make false witness would be penalized, saying that those use force against, give promises or bribery to, other persons to make them give false witnesses shall all be dealt with like the persons who directly make false witnesses; if their criminal offenses do not cause any consequences, such offenders would only be subject to a prison term of three months or a fine of 30 dong.-