Which drugs are used for execution of the death sentence in Vietnam? Who is not subject to the death sentence in Vietnam? Question from Mr. Cuong in Da Nang.
Article 82 of the 2019 Law on Execution of Criminal Judgments provides for the form and sequence of execution of the death sentence as follows:
Form and sequence of execution of the death sentence
1. The death sentence shall be executed by lethal injection. The process of lethal injection shall be stipulated by the Government.
2. Prior to execution, the death sentence execution council shall examine the personal identification statement, fingerprint sheet and personal history records of the person to be executed; in case the person to be executed is a female, the council shall examine all documents related to conditions for non-execution as prescribed by the Penal Code.
3. Prior to being taken out for execution, the sentenced person shall be given food and drink, be entitled to write letters and have his/her messages recorded for sending to his/her relatives.
4. The death sentence shall be executed in the following order:
a) Pursuant to the death sentence execution decision and request of the president of the death sentence execution council, the criminal execution and judicial assistance police or judicial guard shall escort the person to be executed to the working place of the death sentence execution council;
b) At the request of the death sentence execution council, a professional officer of the people's police or army shall press the fingerprints, check the personal identification statement and fingerprint sheet and compare them with related dossiers and documents; take photo and record video of the process of carrying out the procedures of taking the fingerprints, checking and making a minutes; and report checking results to the death sentence execution council;
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Therefore, in Vietnam, the death sentence shall be executed by lethal injection.
According to Article 4 of Decree 43/2020/ND-CP on drugs used for the death penalty, the following drugs are used for the execution of the death penalty:
Drugs used for the execution of the death penalty
1. The drugs used for the execution of the death penalty by lethal injection include:
a) Drugs that induce unconsciousness;
b) Drugs that paralyze the motor system;
c) Drugs that stop the heart.
2. One dose of drugs consists of the three types of drugs specified in this Article and is used for one person.
3. The drugs used for the execution of the death penalty are provided by the Ministry of Health upon the request of the Ministry of Public Security and the Ministry of National Defense.
4. The drugs must be stored according to the conditions stated on the drug label and the instructions of the supplying unit. The handover of the drugs must be documented in a handover report, sealed, and tightly managed in accordance with the provisions of the law.
Therefore, the drugs used for the execution of the death penalty in Vietnam include:
- Drugs that induce unconsciousness;
- Drugs that paralyze the motor system;
- Drugs that stop the heart.
One dose of drugs consists of the three types of drugs mentioned above and is used for one person.
Which drugs are used for execution of the death sentence in Vietnam? Who is not subject to the death sentence in Vietnam? (Image from the Internet)
Clause 3, Article 40 of the 2015 Criminal Code provides for the death sentence as follows:
Death sentence
1. Death sentence is a special sentence imposed upon people committing extremely serious crimes that infringe national security, human life, drug-related crimes, corruption-related crimes and some other extremely serious crimes defined by this document.
2. Life imprisonment shall not be imposed upon juvenile offenders, women who are pregnant or raising children under 36 months of age and people from 75 years of age or older when they commit the crime or during trial.
3. The life sentence shall not be executed in the following circumstances:
a) The convict is pregnant or a woman raising a child under 36 months of age;
b) The sentenced person is 75 years of age or older;
c) The person sentenced to death for embezzlement or taking bribes, after being sentenced, has returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime.
4. In the circumstances specified in Clause 3 of this Article or the death sentence is commuted, the death sentence shall be replaced with life imprisonment.
Therefore, the following individuals are not subject to the death sentence:
- Individuals under 18 years of age at the time of committing the crime;
- Pregnant women;
- Women who are raising children under 36 months of age;
- The sentenced persons are 75 years of age or older.
Best Regards!