Use of torture under the Criminal Code 2015 of Vietnam
Use of torture under the Criminal Code 2015 of Vietnam
According to the provisions of Article 373 of the Criminal Code 2015:
1. Any person who, in the course of proceedings, trial or implementation of measures including mandatory attendance at a correctional institution or rehabilitation center, uses torture or brutally treats or insults another person in any shape or form shall face a penalty of 06 - 36 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence has been committed more than once;
b) The offence is committed against more than one person;
c) The offence involves deceitful methods;
d) The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, an old and weak person or a person having a serious physical disability or extremely serious physical disability;
dd) The offence causes 11% - 60% WPI for another person.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:
a) The offence causes ≥ 61% WPI for another person;
b) The offence results in the suicide of the tortured person.
4. If the offence results in the death of the tortured person, the offender shall face a penalty of 12 - 20 years' imprisonment or life imprisonment.
5. The offender might also be prohibited from holding certain positions for 01 - 05 years.
Legal characteristics of Use of torture in Vietnam
Object: This crime infringes judicial activities.
Subject: The subject of the crime must be a person holding a leading position and power in the investigation, prosecution, or adjudication.
Objective Aspect: The objective aspect of this crime is demonstrated through the acts of a person conducting procedural actions or a person with authority in the execution agency using illegal measures causing physical pain to the accused, detainee, prisoner, or person subject to the execution...
Subjective Aspect: The fault of the offender is an intentional direct one.
The highest penalty imposed on the offender is life imprisonment.
The above content is advisory on the use of torture in Vietnam. For further understanding, you may refer to the Criminal Code 2015.
May the death penalty be imposed on persons using torture in Vietnam?
Under Clause 4 of Article 373 of the Criminal Code 2015 on the Use of torture:
- Any person who, in the course of proceedings, trial or implementation of measures including mandatory attendance at a correctional institution or rehabilitation center, uses torture or brutally treats or insults another person in any shape or form shall face a penalty of 06 - 36 months' imprisonment.
- ...
- If the offence results in the death of the tortured person, the offender shall face a penalty of 12 - 20 years' imprisonment or life imprisonment.
Thus, an investigator who uses torture to get testimony resulting in the person's death will face life imprisonment. Therefore, the death penalty is not imposed in this case.
