>>Punitive system in Vietnam's ancient law
>>Crinimal offices under ancient laws of Vietnam
Pham Diem
State and Law Research Institute
In the ancient laws of Vietnam, the group of crimes against human life, also called the group of crimes of murder, covers acts of infringing upon other people’s life, regardless of the motives (intentional or unintentional) and the consequences caused to the victims (dead, injured or alive). This group of crimes was prescribed largely in Chapter “Dao Tac” (Burglary and Robbery) of Hong Duc Code of the 15th century and Chapter “Luat Hinh” (Penal Law) of Gia Long Code of the 19th century -- the two typical ancient codes of Vietnam.
What is interesting is that the ancient law-makers of Vietnam knew how to distinguish the intentional murder from accidentally causing human death, which served as basis for determining the crimes and the corresponding penalties therefor.
For instance, Article 415 of Hong Duc Code prescribed in general acts of intentional murder, thereby those who attempted to commit murder would be sentenced to exile; if the victims were injured, they would be sentenced to exile for a longer distance; if the victims died of serious injuries, they would be hanged; if the victims god killed, they would be subject to beheading; the accomplices would also be subject to penalties but one grade lighter. Besides, the offenders also had to pay compensations for the death or injuries of their victims.
The provisions in this Article show that:
- Intentional murder is an act of plotting the murder in advance, namely the murder is prepared, regardless of the consequence thereof, namely regardless of whether the victim dies, gets injured or is not hurt at all.
- The penalties were imposed on the basis of the consequences actually incurred by the victims (death, injury or no casualty at all).
- The principals were distinguished from the accomplices for the determination of penalties.
- The offenders had to bear not only the penal liability (penalties) but also the civil liability (paying damages to the victim’s family if the victim died or to the victim if he/she got injured). The peculiarity of Hong Duc Code is that it specified sums of money paid as compensation for the death of the victim, which depended on the position of the victim. According to Article 29 of the Code, the death compensations were 15,000 quan (a feudal currency unit consisting of 100 coins) for the first-rank victim; 9,000 for the second-rank victim; 7,000 for the third-rank victim; 5,000 for the fourth-rank victim; 2,000 for the fifth-rank victim; 1,000 for the sixth-rank victim; 500 for the seventh-rank victim; 300 for the eighth-rank victim; and 150 for the commoner. Such death compensation amounts were extremely great as it was known that a crown prince then was paid only a sum of 500 quan a year.
For accidental causing of human death, Hong Duc Code did not give out any general provisions but only specific cases. Perhaps, this might be because the then law-makers feared that adjudicating mandarins could easily take unintentional killings for accidental causing of human death; hence, of course, the punitive measures against those who accidentally caused death to other people were much lighter than penalties imposed on intentional murders. This was clearly seen in Article 553 of the Code, which stipulated those who gallop their horses without reasons on the streets, alleys of the capital city or through crowded places, then accidentally cause death to other people would be sentenced to one grade lighter than that imposed on those who commit murder; if they commit such act while being on official duties or private business, they would be subject to a penalty two grades lighter than that imposed on those who accidentally cause human death.
Or according to Article 554, those who bow their arrows into cities, other people’s houses or in the streets, accidentally causing human death would be subject to a penalty one grade less severe than that imposed on persons who commit murder; if they deliberately kill other persons, they would be sentenced like the murderers. Under Article 555, those who accidentally cause death to other persons in martial art competitions would be sentenced like those who mistakenly kill other persons. Or, according to Article 556, those who place beast traps and accidentally cause death to other persons would be sentenced to one grade less severe than that imposed on those who commit murder; if they have placed the traps with warning signals, they would be entitled to two-grade commutation.
Gia Long Code also contains similar provisions, clearly distinguishing the intentional murder from the accidental causing of human death. Article 251 of the Code prescribed in a general manner the intentional murder as follows: Those who plot and commit murder would be sentenced to beheading, and their accomplices would be sentenced to hanging; if the victims escape their death and only get injured, the principals would be sentenced to hanging while the accomplices would be exiled for 3,000 miles and beaten with 100 sticks. If the victims escape both death and injury, the principals would be sentenced to corvee labor for three years and beaten with 100 sticks while the accomplices would be beaten with 100 sticks.
Particularly, the Code contains one article (Article 261) prescribing in a general manner the crime of accidentally causing death to other persons due to mistakes. The then law-makers explained the state of accidentally causing human death as the state where the death was caused due to mistakes, beyond the anticipation of consequence, the offender’s desire or the human capacity…. In a number of other articles, Gia Long Code also specifies cases of accidentally causing human deaths due to arrows shooting (Article 264), speedy horse or car riding (Article 265), doctors’ poor professional qualifications (Article 266), beast traps (Article 267).
From the group of crimes against the human life, the feudal law-makers determined a number of cases of massacring people in a particularly barbarous manner as follows:
- Murdering three persons of a family.
According to Article 420 of Hong Duc Code, those who kill three persons of a family would have their heads cut and displayed at public places, the accomplices would be sentenced to beheading, and the offenders’ property would be confiscated and enjoyed by the victims’ family.
Meanwhile, Article 256 of Gia Long Code stipulated those who kill three persons of a family would be subject to “lang tri” (an ancient feudal penalty by which the criminals would have their flesh cut bit by bit to the tune of drum beats till they breath their last) or to “luc thi” if they die before being brought to trial (also an ancient feudal penalty by which the criminal’s death body would be exhumed and chopped to pieces as a deterrent to others. Besides, the criminals’ property would be confiscated and transferred to the victims’ families. Meanwhile, the accomplices would be sentenced to beheading.
- Murdering people then chopping their bodies into pieces.
Also according to Article 420 of Hong Duc Code, those who kill other persons then chop their bodies into pieces would be sentenced like those who kill three persons of a family.
- Murdering people with poison.
Article 421 of Hong Duc Code provides that those who murder other persons with poisons and those who sell such poisons would be sentenced to hanging. But according to Article 258 of Gia Long Code, those who use poisons to kill other persons would be sentenced to beheading; where they have already bought but not yet used the poisons, they would be sentenced to exile for three years and beaten with 100 sticks; those who prepare or store poisons would all be beheaded and their relatives who live with them under the same roof would be sentenced to exile for 2,000 miles, and their property would be commandeered.
- Some other acts of murdering people in a heinous manner.
According to Article 422 of Hong Duc Code, such barbarous acts include tying up and putting people in dangerous places; strangling or choking people to death; locking people in then burning the houses; leaving people to starvation; intimidating people to death; killing people with magicians’ charms and baits (Article 423); killing people with poisonous insects (Article 424),…
Gia Long Code also prescribes the crime of murdering people with poisons (Article 258), intimidating people to death (Article 268).
Generally, acts of murdering people in a barbarous manner as described above were prescribed as among the “Thap ac” (ten grave crimes) right in Article 2 of the ancient codes, and persons who commit such acts were all sentenced to death.
As under the feudal regime, the social class order as well as the patriarchal order were highly upheld and strictly adhered to. This group of crimes, thereby was classified not only according to the criminals’ motives (with or without intention) and the barbarity of their acts but also according to the social position of the victims or the offenders, whereby a crime would turn graver if the victim was in a higher position than the offender’s.
For this criteria, crimes against human life in the ancient laws were classified into the following:
- Crimes of infringing upon the lives of mandarins, aristocrats.
Article 418 of Hong Duc Code stipulated: Those who mastermind the murder of the king’s envoys, superior mandarins in their offices or incumbent mandarins in their localities shall all be sentenced to exile, if the victims are not hurt yet; to longer-distance exile, if the victims are injured. Where the victims die, the principals shall be sentenced to beheading and their property shall be confiscated as compensations to the deceased’ families while the accomplices would be subject to a penalty one grade lighter and the victims’ servants shall be sentenced to exile or corvee labor if they knew their masters’ plight and failed to come to their rescue.
According to Article 252 of Gia Long Code, those who attempt the lives of the king’s envoys or mandarins shall all be sent on exile for 2,000 miles and beaten with 100 sticks even if the victims are not hurt; if the victims are injured, the criminals shall be sentenced to hanging and their accomplices shall be sentenced to one grade lighter; if the victims die, all the offenders shall be sentenced to beheading.
- The crimes of killing masters by servants.
According to Article 417 of Hong Duc Code, those servants who murder their masters would be sentenced to beheading. If they kill their former masters they would be subject to a penalty one grade lighter; if they kill members of their masters’ families, they would be sentenced to hanging.
- The crimes of killing one’s kith and kin in the family.
In order to protect the patriarchal family disciplines, the ancient law-makers in Vietnam attached importance to this of offenses.
Article 416 of Hong Duc Code stipulated: Anyone who kills one of the following persons shall be sentenced to beheading: grandfather, grand-mother, father, mother, husband, brother or sister. If the victim is injured and still alive, the criminal shall be sentenced to hanging. If the victims are in the rank of children or grandchildren, the murderers shall be sentenced to two grades lighter.
According to Article 481 of the same Code, if a wife beats her husband to death, she shall be sentenced to hanging; if a concubine beats to death the first wife, the criminal shall be subject to the same penalty. Meanwhile, if a husband kills his wife, he shall be tried like people who commit ordinary murder but entitled to one-grade commutation. So, it is realized that in the family, if persons in subordinate positions kill members in the superior positions, they shall be subject to harsher penalities.
Gia Long Code stipulated in Article 253: Those who attempt to kill their grandfathers, grandmothers, fathers, mothers, husbands or other kith and kin in their families shall all be sentenced to beheading even if the victims are still alive, regardless of whether they are principals or accomplices. If the victims die, they shall all be sentenced to “lang tri”. Those who kill other relatives in their family lines shall all be sentenced to beheading; if the victims are still alive and only get injured, the offenders shall be sentenced to hanging, regardless of whether they are principals or accomplices. If the victims are not hurt, the principals shall be sent on exile for 2,000 miles and beaten with 100 sticks while the accomplices shall be sentenced to corvee labor for three years and beaten with 100 sticks. In the family, if persons in superior positions kill those in subordinate positions, they shall be sentenced like persons who kill other people with intention (killing non-relatives); if the victims are still alive and only get injured, they shall be entitled to one-grade commutation; if the victims save their skin, the offenders shall enjoy two-grade commutation.
According to Article 262, if a wife beats or scolds her grandparents and/or parents in law and her husband fails to report such to the local mandarin and kills his wife without asking for permission, he shall be penalized with 100 sticks’ beating. If a husband beats and insults his wife and the wife commits suicide, the husband shall be pleaded not guilty.-