On the morning of June 25, with the majority of delegates participating in the vote (429/439), the National Assembly passed the Law amending and supplementing a number of articles of the Penal Code. The law takes effect from July 1.
The newly passed law has many new contents related to the reduction of the death penalty, including abolishing the death penalty for 8 crimes, replacing it with a life imprisonment without a reduced sentence.
These crimes include: embezzlement of property; bribery; illegal transportation of drugs; activities aimed at overthrowing people's governments; Espiecing; destroying Vietnam's technical and material facilities; manufacturing and trading counterfeit goods as medicine and disease prevention drugs; sabotage of peace, causing war of aggression.
The transitional provision in the law also clearly states that the death penalty was sentenced before July 1 for those who committed the above 8 crimes but did not serve their sentences, the Chief Justice of the Supreme People's Court will decide to convert the death penalty to life imprisonment.
Reporting on receiving and explaining opinions on the draft law, Minister of Justice Nguyen Hai Ninh said that the Government proposed to reduce the number of crimes with death sentences to continue institutionalizing the Party's viewpoints and policies according to Notice No. 13936-VC/VPTW of the Central Party Office notifying the Politburo's opinion on continuing to narrow the death penalty.
In this amendment, the Government proposes to remove 8 crimes with the death penalty based on careful research and assessment of the following issues.
First, based on the nature and severity of the crime; the importance of the protected subject; the ability to overcome the consequences of the crime.
Second, based on the results of the summary of the implementation of the Penal Code, many crimes have regulations on the death penalty but have not been applied in practice in recent times.
Third, referring to international experience shows that currently, the trend of reducing the death penalty in the provisions of the law as well as the actual implementation in the world is popular.
Fourth, the responsibility and obligation of Vietnam as a member of relevant international treaties.
Fifth, to serve our country's international cooperation activities, especially in the current context, when Vietnam is expanding international cooperation extensively in all areas of social life.
Sixth, the responsibility and capacity of state management agencies and law enforcement agencies in the current period.
From the above issues, the Government finds that abolishing the death penalty for 8 crimes as in the draft law is appropriate in the current conditions of our country.
On the one hand, it still meets the requirements of fighting against crime prevention and control, while also meeting the process of continuing to reduce the death penalty, as well as the requirements for cooperation and expanding international relations to develop the country.
Also according to the newly passed law, people sentenced to life in prison for embezzlement of property and bribery can only have their prison term reduced if they have proactively returned at least 3/4 of their embezzlement and bribery assets and have actively cooperated with the authorities in detecting, investigating, handling crimes or making great contributions.
