The advisory expert group drafting the Penal Code (amended), on 15 July 2014, held its 2nd session co-chaired by Minister of Justice Ha Hung Cuong, Deputy Minister of Justice Dinh Trung Tung and former-Deputy Minister of Justice Hoang The Lien.
In the opening speech at the session, Minister Ha Hung Cuong affirmed that the Penal Code is a major and critical code of the State. Therefore, this amendment and supplement aim to build a quality and feasible Penal Code by taking into account the forecast. The Penal Code must create a sharp legal basis to effectively prevent and combat crime; to protect human rights, civil rights, and the socialist regime; and to promote the development of market economy and to ensure a safe and healthy environment for citizens.
According to the Resolution No. 22/NQ-CP of the Government in thematic sessions on law making in March 2014, the Government agreed with the proposal of Ministry of Justice on major directions drafting the Penal Code (amended) and emphasized some basic issues. Firstly, the Code needs to reduce the possibility of applying the imprisonment, expand the scope of application of non-custodial punishment, limit the application of the death penalty, and further improve related criminal policies. Secondly, sources of criminal law should be expanded in a reasonable manner. According to this, some specific offenses and penalties for such crimes can be defined in specific laws to ensure the timeliness and flexibility in the fight against crimes. Thirdly, it is necessary to legalize criminal liability of economic legal persons on the basis of research and identifying specific issues involved, ensuring conformity with the practice. Fourthly, repealing offenses defined in the current Penal Code are now no longer in accordance with the Constitution 2013, socio-economic conditions, and international integration of Vietnam. At the same time, some violations which have high danger to society and have not been defined in the Penal Code must be criminalized in the Penal Code (amended).
At the session, experts, members of the Drafting Committee and participants discussed and exchanged major issues related to amending and supplementing the Penal Code. The speeches focused on some significant contents of general provision part which need to be amended. Participants also commented and made suggestions on some new provisions of the Panel Code (amended) changing traditional notions of crime, punishment and criminal policies. Furthermore, participants commented on adjustment of the structure of the Penal Code’s general provision part.