3rd Session, XIV National Assembly of Vietnam: Law on amendments to the Criminal Code 2016 approved

Among the 13 draft Laws reviewed and approved by the National Assembly, there is the Law amending and supplementing a number of articles of the Criminal Code 2015 (referred to as the Law on amendments to the Criminal Code 2016).

The draft Law on amendments to the Criminal Code 2016 adjusts several provisions of the Criminal Code 2015. Notably:

Proposing 02 options for determining the age of criminal responsibility for certain offenses:

Option 1:

Persons from 14 years to under 16 years shall only be criminally responsible for very serious crimes or especially serious crimes stipulated under the following articles:

a) Article 123 (murder); Article 134 (intentional infliction of bodily harm or damage to the health of others); Article 141 (rape); Article 142 (rape of a person under 16 years old); Article 143 (sexual assault); Article 144 (sexual assault of a person from 13 to under 16 years old); Article 150 (trafficking in persons); Article 151 (trafficking in persons under 16 years old);

b) Article 168 (robbery); Article 169 (kidnapping for ransom); Article 170 (extortion); Article 171 (snatching); Article 173 (theft); Article 178 (destruction or deliberate damage to property);

c) Article 248 (illegal production of narcotic substances); Article 249 (illegal possession of narcotic substances); Article 250 (illegal transportation of narcotic substances); Article 251 (illegal trade of narcotic substances); Article 252 (appropriation of narcotic substances);

d) Article 265 (organizing illegal racing); Article 266 (illegal racing);

đ) Article 285 (production, trading, exchanging, or gifting of tools, equipment, software for illegal purposes); Article 286 (spreading harmful computer programs affecting the operation of computer networks, telecommunications networks, electronic devices); Article 287 (hindering or disrupting the activities of computer networks, telecommunications networks, electronic devices); Article 289 (illegal access to computer networks, telecommunications networks, or electronic devices of others); Article 290 (using computer networks, telecommunications networks, electronic devices to commit acts of property appropriation);

e) Article 299 (terrorism); Article 303 (destruction of works, facilities, important means concerning national security); Article 304 (illegal manufacturing, storing, transporting, using, trading, or appropriation of military weapons, military technical means).

Option 2:

Persons from 14 years to under 16 years shall only be criminally responsible for murder, intentional infliction of bodily harm or damage to the health of others, rape, rape of a person under 16 years old, sexual assault of a person from 13 to under 16 years old, robbery, kidnapping for ransom; and for very serious crimes, especially serious crimes stipulated under the following articles:

a) Article 143 (sexual assault); Article 150 (trafficking in persons); Article 151 (trafficking in persons under 16 years old);

b) Article 170 (extortion); Article 171 (snatching); Article 173 (theft); Article 178 (destruction or deliberate damage to property);

c) Article 248 (illegal production of narcotic substances); Article 249 (illegal possession of narcotic substances); Article 250 (illegal transportation of narcotic substances); Article 251 (illegal trade of narcotic substances); Article 252 (appropriation of narcotic substances);

d) Article 265 (organizing illegal racing); Article 266 (illegal racing);

đ) Article 286 (spreading harmful computer programs affecting the operation of computer networks, telecommunications networks, electronic devices); Article 287 (hindering or disrupting the activities of computer networks, telecommunications networks, electronic devices); Article 289 (illegal access to computer networks, telecommunications networks, or electronic devices of others); Article 290 (using computer networks, telecommunications networks, electronic devices to commit acts of property appropriation);

e) Article 299 (terrorism); Article 303 (destruction of works, facilities, important means concerning national security); Article 304 (illegal manufacturing, storing, transporting, using, trading, or appropriation of military weapons, military technical means).

Adding cases of exemption from criminal liability for commercial legal entities that commit crimes. To be specific:

- A commercial legal entity that commits a crime shall be exempt from criminal liability during investigation, prosecution, or trial if changes in policies or laws render the criminal act no longer socially dangerous.

- A commercial legal entity that commits a crime may be exempt from criminal liability if one of the following bases is met:

- First-time offense and before being detected, they proactively prevent the consequences of the crime;

- Voluntary rectification, compensation for damages or rectification of the crime's consequences, actively cooperating with investigative agencies, contributing effectively to the detection and investigation of the crime, or making significant contributions recognized by the State.

Also, at this session, the Resolution on the implementation of the Criminal Code will be reviewed and approved by the National Assembly.

Thus, in the near future, the comprehensive Criminal Code will be uniformly and rigorously applied, serving best the work of crime prevention, protecting social relations, and contributing to educating and raising legal awareness among all citizens.

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