What are differences between rebellion and terrorism aimed to oppose the people's authority of Vietnam?
What is the crime of rebellion in Vietnam?
Based on Article 112 of the Criminal Code 2015 (amended and supplemented by Clause 20 Article 1 of the Law Amending the Criminal Code 2017) as follows:
The crime of rebellion
Any person who engages in armed activities, uses organized violence or loots property of an agency, organization, or individual with the intention to oppose the people's government shall be punished as follows:
1. Organizers, key participants, or those causing serious consequences shall be sentenced to imprisonment from 12 years to 20 years, life imprisonment or death;
2. Other accomplices shall be sentenced to imprisonment from 05 years to 15 years;
3. Those preparing to commit this crime shall be sentenced to imprisonment from 01 year to 05 years.
According to criminal law, the crime of rebellion involves a person who engages in armed activities, uses organized violence, or loots property of an agency, organization, or individual with the intention to oppose the people's government.
Additionally, those guilty of rebellion are penalized as follows:
- Organizers, key participants, or those causing serious consequences shall be sentenced to imprisonment from 12 years to 20 years, life imprisonment or death;
- Other accomplices shall be sentenced to imprisonment from 05 years to 15 years;
- Those preparing to commit this crime shall be sentenced to imprisonment from 01 year to 05 years.
What are differences between rebellion and terrorism aimed to oppose the people's authority of Vietnam? (Image from Internet)
What is the terrorism aimed to oppose the people's authority of Vietnam?
Based on the explanation in Article 3 of the Law on Prevention and Combat of Terrorism 2013, terrorism is defined as follows:
1. Terrorism consists of one or several of the following acts by an organization or individual aimed at opposing the people's government, forcing the people's government, foreign organizations, international organizations, causing difficulties in international relations of the Socialist Republic of Vietnam or causing public panic:
a) Infringing upon the life, health, liberty of an individual or threatening to infringe upon the life, intimidating the spirit of others;
b) Occupying, damaging, destroying or threatening to destroy property; attacking, harming, obstructing, disrupting the operation of computer networks, telecommunications networks, the Internet, digital devices of agencies, organizations, individuals;
c) Guiding the creation, production, use or creating, producing, storing, transporting, buying and selling weapons, explosives, radioactive substances, toxic substances, flammable substances, and other tools and means to serve the acts specified in Points a and b Clause 1 of this Article;
d) Propagating, recruiting, inciting, coercing, hiring, or facilitating, assisting in the acts specified in Points a, b and c Clause 1 of this Article;
dd) Establishing, participating in an organization, recruiting, training, instructing individuals to commit the acts specified in Points a, b, c and d Clause 1 of this Article;
e) Other acts considered as terrorism according to international treaties on anti-terrorism to which the Socialist Republic of Vietnam is a member.
If an individual or organization commits one of the above acts, they are considered to be engaging in terrorist activities.
For the crime of terrorism aimed to oppose the people's authority, Vietnamese criminal law stipulates specific penalties as follows:
According to Article 113 of the Criminal Code 2015 (amended by Clause 21 Article 1 of the Law Amending the Criminal Code 2017), the crime of terrorism aimed to oppose the people's authority is defined as follows:
The crime of terrorism aimed to oppose the people's authority
1. Any person who, with the intention to oppose the people's government, infringes upon the life of officials or others, or destroys the property of an agency, organization, or individual, shall be sentenced to imprisonment from 12 years to 20 years, life imprisonment, or death.
2. Those committing the crime under one of the following circumstances shall be sentenced to imprisonment from 10 years to 15 years:
a) Establishing, participating in a terrorist organization, or organizing terrorist financing;
b) Coercing, recruiting, training, instructing terrorists; manufacturing, supplying weapons to terrorists;
c) Infringing on the freedom, health of officials or others; occupying, damaging the property of agencies, organizations, individuals;
d) Attacking, harming, obstructing, disrupting the operation of computer networks, telecommunications networks, electronic means of agencies, organizations, individuals.
3. Those committing the crime by threatening to perform one of the acts specified under Clause 1 of this Article or other acts to intimidate the spirit of officials or others shall be sentenced to imprisonment from 05 years to 10 years.
4. If a person targets foreign individuals, organizations, or international organizations intending to disrupt international relations of the Socialist Republic of Vietnam, they shall also be punished under this Article.
5. Those preparing to commit this crime shall be sentenced to imprisonment from 01 year to 05 years.
Therefore, any person aiming to oppose the people's government by infringing upon the life of officials or others, or destroying property of an agency, organization, or individual, shall be sentenced to imprisonment from 12 years to 20 years, life imprisonment, or death.
- Those committing the crime under the following circumstances shall be sentenced to imprisonment from 10 years to 15 years:
+ Establishing, participating in a terrorist organization, or organizing terrorist financing;
+ Coercing, recruiting, training, instructing terrorists; manufacturing, supplying weapons to terrorists;
+ Infringing on the freedom, health of officials or others; occupying, damaging the property of agencies, organizations, individuals;
+ Attacking, harming, obstructing, disrupting the operation of computer networks, telecommunications networks, electronic means of agencies, organizations, individuals.
Additionally, even those preparing to commit this crime shall still be sentenced to imprisonment from 01 year to 05 years.
On the other hand, those committing the crime by threatening to perform one of the acts specified under Clause 1 of this Article or other acts to intimidate the spirit of officials or others shall be sentenced to imprisonment from 05 years to 10 years.
What are differences between rebellion and terrorism aimed to oppose the people's authority of Vietnam?
Based on the current legal regulations on the crime of rebellion and the crime of terrorism against the government, it can be understood that the crime of rebellion differs from the crime of terrorism against the government in that:
A person committing the crime of rebellious activity may establish an organization or propagate, recruit others to participate in an organization aiming to overthrow the people's government, whereas for the crime of rebellion, the person engages in armed activities, uses organized violence, or loots property with the intent to oppose the people's government, to weaken or overthrow the people's government.
The crime of rebellion has a formal constitution. The crime is considered complete as soon as the perpetrator engages in one of the objective manifestations of the crime. The consequence is not a mandatory sign of the constitution of the crime.
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