Continuing the 9th Session of the 15th National Assembly, on the morning of May 20, General Luong Tam Quang - Politburo member, Minister of Public Security - authorized by the Prime Minister presented a report on the draft Penal Code (amended).
According to General Luong Tam Quang, after more than 8 years of implementation, the 2015 Penal Code (amended and supplemented in 2017) has revealed many problems and inadequacies, and the regulations on the death penalty still have many inadequacies. Some regulations are not suitable for the socio-economic situation and the practical work of fighting and preventing crimes.
Some regulations on prison sentences and fines have not ensured deterrence, especially for crimes that have had many complicated developments, causing frustration in the past time such as drug crimes, environment, counterfeit goods, hygiene, and food safety.
Regarding the content of the amendment related to the death penalty, according to the Minister of Public Security, it is expected to abolish the death penalty and replace it with a life sentence without reduction (still ensuring the isolation of criminals from social life) for 8/18 crimes (44.44%) with a death penalty in the current Penal Code.
In addition, in the case of not serving the death sentence for people with terminal cancer, people infected with HIV have moved to the AIDS stage, are suffering from an opportunity infection (scientifically known as Opportunistic Infection) is a specific infection that only occurs more often or has a more serious severity in people with weakened immune systems than those with healthy immune systems - PV).
The draft law also raises the prison and fine levels for some crimes to ensure deterrence, improve the effectiveness of the fight against crime, promptly protect the legitimate rights and interests of the State and citizens, in accordance with international legal regulations such as environmental crimes, production and trading of counterfeit goods, counterfeit goods such as food, foodstuffs, food additives, medicine, disease prevention drugs, drugs.
The draft law also adds the crime of illegal use of drugs.
Amending and supplementing a number of provisions of 4 laws: Special Amnesty Law, Criminal Judgment Law, Law on Prevention and sale of people, People's Public Security Law to promptly remove difficulties and obstacles in order, procedures and organize execution of death sentences, synchronously with the revision and supplementation of the Penal Code; Serving requirements for arrangement and streamlining the apparatus; ensure the uniformity and unity of the legal system.
The draft law amends and supplements Clause 1, Article 255 as follows: Any person who organizes illegal use of drugs in any form will be imprisoned from 3 to 7 years.
Supplement Article 256a as follows: Those who illegally use drugs in one of the following cases will be imprisoned from 2 to 3 years:
- Currently within the period of voluntary drug rehabilitation, compulsory drug rehabilitation, drug addiction treatment with replacement drugs according to the provisions of the Law on Drug Prevention and Control;
- Currently under post-drug management according to the provisions of the Law on Drug Prevention and Control;
- Currently under the management of illegal drug users and have been administratively handled by the measure of being sent to a compulsory drug rehabilitation facility according to the provisions of the Law on Drug Prevention and Control.
- Within 2 years from the date of voluntary termination of drug addiction or treatment of drug addiction with replacement drugs according to the provisions of the Law on Drug Prevention and Control.
Repeat this offense and be imprisoned from 3 to 5 years.
