In the draft Penal Code (amended) drafted by the Ministry of Public Security, expected to be submitted to the National Assembly for consideration, comments, and approval according to the shortened order and procedures at the 10th Session of the 15th National Assembly in October, it is stated: Article 14 of the Penal Code defines "preparation for crimes as searching for, preparing tools, means, or creating other conditions for committing crimes or establishing, participating in criminal groups", except for some cases.
In the draft, the Ministry of Public Security proposed to add 27 crimes even if only preparing to commit crimes, the suspect must still bear criminal responsibility. The proposed additional charges include the crime of "rape".
With the age of criminal responsibility, the Ministry of Public Security proposes 2 more crimes for which people aged 14 to under 16 must bear criminal responsibility, if the crime is committed in very serious or especially serious cases, including: Crime of storing, transporting, trading or appropriating precursors used for illegal drug production and Crimes of producing, storing, transporting or trading vehicles and tools used for illegal drug production or use, as prescribed in Articles 253, 254, Penal Code.
Regarding the crime of rape, Clause 1, Article 141 of the 2015 Penal Code, amended by Clause 23, Article 1 of the Law amending the 2017 Penal Code, stipulates as follows:
Those who use force, threaten to use force or take advantage of the victim's inability to defend themselves or other tricks to have sex or perform other sexual acts contrary to the victim's wishes will be imprisoned from 2 to 7 years.
According to Article 141 of the 2015 Penal Code, amended by Clause 23, Article 1 of the Law amending the 2017 Penal Code, rapists are subject to the following penalty:
Scope 1: Whoever uses force, threatens to use force or takes advantage of the victim's inability to defend himself or another sexual act contrary to the victim's wishes shall be imprisoned from 2 to 7 years.
Framework 2: Committing a crime in one of the following cases shall be subject to imprisonment from 7 years to 15 years:
organized; For those for whom the offender is responsible for caring for, educating, or treating the disease; Many people raped one person; Committing the crime twice or more; For 2 or more people.
Of disorder; Causing victims to become pregnant; Causing injuries, causing damage to the health or causing mental and behavioral disorders of the victims with a body injury rate of 31% to 60%; Dangerous recidivism.
Framework 3: Committing a crime in one of the following cases shall be subject to imprisonment from 12 to 20 years or life imprisonment:
Causing injury, causing damage to the health or causing mental and behavioral disorders of the victim with a body injury rate of 61% or more.
Knowing that you are infected with HIV but still committing a crime; Causing the victim to die or commit suicide.
In addition, a person who is 16 years old to under 18 years old will be imprisoned from 5 to 10 years.
The offender may also be banned from holding a position, practicing a profession or doing certain jobs from 1 year to 5 years.
