New Points of Laws and Codes Effective from January 1, 2018 (Part 2)

1. Abolition of 05 Crimes from January 01, 2018

The Penal Code 2015 and the Law Amending the Penal Code 2015 officially took effect from January 01, 2018. They abolish 05 crimes under the Penal Code 1999, including:

- The crime of banditry activities (Article 83);- The crime of illegal marriage registration (Article 149);- The crime of illegal business (Article 159);- The crime of deliberately violating state regulations on economic management causing serious consequences (Article 165);- The crime of false reporting in economic management (Article 167).

1. Authority of the Appraiser in Criminal Procedure Law (CPL)

The regulation on Appraiser is introduced for the first time in the Criminal Procedure Code 2015. The authority of the appraiser includes:

- Reviewing documents of the case related to the object needing appraisal;- Requesting the organization requiring appraisal or the parties involved in the procedure to provide necessary documents for the appraisal;- Refusing to carry out the appraisal if the resources for conducting the appraisal are insufficient, the provided documents are inadequate or invalid, or the appraisal requirement exceeds their area of expertise;- Recording their opinion in the general conclusion if it differs from that of the Asset Appraisal Council;- Other rights as prescribed by law.

The Criminal Procedure Code 2015 took effect on January 01, 2018, replacing the Criminal Procedure Code 2003.

1. Responsibilities of Reconnaissance Units to Coordinate with Criminal Investigation Units

This is a noteworthy new point in the Law on the Organization of Criminal Investigation Bodies 2015. During the process of detecting, preventing, investigating, handling, and preventing crime, reconnaissance units have the following responsibilities:

- Applying necessary measures in accordance with regulations to detect illegal activities and provide information to the investigation units for investigation and handling;- Applying professional measures to support the investigation units in conducting investigations, collecting documents and evidence, preventing crime, and apprehending criminals;- Applying necessary measures to prevent legal violations and crime according to their assigned functions, duties, and powers;- Detecting loopholes and shortcomings in state management, social management, economic management to propose remedial measures to relevant agencies and organizations;- Applying necessary measures as prescribed to limit and eliminate the causes and conditions giving rise to crime and legal violations.

The Law on the Organization of Criminal Investigation Bodies 2015 took effect from January 01, 2018, replacing the Ordinance on Criminal Investigation Organization 2004.

1. Homosexuals to be Detained in Separate Cells

This is a new regulation that has garnered much attention in the 2015 Law on Temporary Custody and Detention.

In the classification, management of persons in temporary custody and detention, several cases will be detained in separate cells, including:

- Homosexuals, transgenders;- Persons with infectious diseases of Group A;- Persons sentenced to death;- Persons showing signs of mental illness or another disease that impairs their ability to perceive or control their behavior but have not yet been evaluated, are awaiting evaluation results, or are awaiting transfer to a mandatory treatment facility;- Pregnant women or women having children under 36 months old with them.

The Law on Temporary Custody and Detention 2015 took effect from January 01, 2018.

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