Is high treason the most serious crime in Vietnam?

Is high treason the most serious crime in Vietnam? (Internet image) 

Regarding this issue, LawNet would like to answer as follows

1. Is high treason the most serious crime in Vietnam?

Specifically, Article 44 of the Constitution 2013 stipulates as follows:

- A citizen has the obligation to be loyal to the Fatherland.

- High treason is the most serious crime.

Thus, according to the Constitution, betraying the Fatherland is the most serious crime.

2. Crime of high treason under the Penal Code 2015 in Vietnam

Pursuant to Article 108 of the Penal Code 2015, the crime of high treason is stipulated as follows:

- Any Vietnamese citizen who colludes with foreign entities in infringing the independence, sovereignty and territorial integrity of Vietnam, the socialism regime and the State of Socialist Republic of Vietnam, its national defense and security shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death.

- If the offence involves multiple mitigating factors, imprisonment duration shall be 07 - 15 years.

- Any person who makes preparation for the commission of this criminal offence shall face a penalty of 01 - 05 years' imprisonment.

3. Non-application of time limit for criminal prosecution of high treason in Vietnam

According to Article 27 of the Penal Code 2015, time limit for criminal prosecution does not apply to the following crimes:

- Infringement of national security, including: XIII 

+ High treason

+ Activities against the people's government

+ Espionage

+ Infringement upon territory

+ Rebellion

+ Terrorism to oppose the people's government

+ Sabotaging facilities of Socialist Republic of Vietnam;

+ Sabotaging implementation of socio-economic policies

+ Sabotaging implementation of solidarity policies

+ Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam

+ Disruption of security

+ Disruption of detention facilities

+ Organizing, coercing, instigating illegal emigration for the purpose of opposing the people's government

+ Illegal emigration for the purpose of opposing the people's government

+ Additional punishment

- Disturbing the peace, crimes against humanity and war crimes including: XXVI

+ Disruption of peace, provocation of war of aggression

+ Crimes against humanity

+ War crimes

+ Recruiting, training, or employing mercenaries

+ Working as a mercenary

- Embezzlement in the circumstances specified in Clause 3 and Clause 4 Article 353 of the Penal Code 2015; acceptance of bribes in the circumstances specified in Clause 3 and Clause 4 Article 254 of the Penal Code 2015.

Thus, the time limit for criminal prosecution will not apply to the crime of high treason.

(Article 28 of the Penal Code 2015)

4. Rules for punishing crimes of high treason in Vietnam

According to Clause 1, Article 3 of the Penal Code 2015 (amended in 2017), the principles for handling criminals include:

- Every crime committed by a person must be discovered promptly and dealt with quickly and fairly in compliance with law;

- All criminals are equal before the law regardless of gender, ethnicity, belief, religion, social class or social status;

- Instigation of crimes, masterminds or obstinacy, gangster-like crimes, dangerous recidivism, abuse of positions or power to commit criminal offences shall be strictly punished;

- Criminal offences committed by employment of deceitful methods; in an organized manner, in a professional manner, or with intent to inflict extremely serious consequences shall be strictly punished.

Leniency shall be showed towards criminals who turn themselves in; show cooperative attitudes; inform on accomplices; made reparation in an effort to atone for their crimes; cooperate with responsible for authorities in discovery of crimes or during the case; express contrition; voluntarily compensate for damage they inflict;

- A person who commit a less serious crime for the first time may serve a community sentence (mandatory supervision by family or an organization);

- People sentenced to imprisonment shall serve their sentences at prisons and must improve themselves to become effective and productive citizens; commutation or conditional parole shall be granted to people who satisfy conditions set out in this document;

- People who have served their sentences are enabled to live and work honesty and fit into society; criminal records shall be expunged when all conditions are satisfied.

Ho Quoc Tuan

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