Senior Lieutenant General Le Quoc Hung, Deputy Minister of Public Security, reported at the meeting.
On the afternoon of June 10, Senior Lieutenant General Le Quoc Hung, Deputy Minister of Public Security, presented to the National Assembly Standing Committee a report on receiving and explaining the opinions of National Assembly Deputies on the draft Law amending and supplementing a number of articles of the Penal Code.
Deputy Minister Le Quoc Hung said that, after receiving opinions from National Assembly deputies at the 9th session, the Government has reviewed and made technical adjustments to the entire draft law, removing relevant provisions on life imprisonment without reduction of sentence; at the same time, adjusting a number of contents related to drug crimes, embezzlement, and bribery.
According to Mr. Le Quoc Hung, the Government proposed to remove 8 crimes with the death penalty based on research and careful assessment of the nature and extent of the crime; the results of summarizing the implementation of the Penal Code, many crimes have provisions on the death penalty but have not been applied in practice in the past; referring to international experience...
"The form of execution of the death penalty in the world as well as in our country is moving towards becoming more humane. Our country is currently applying the form of execution considered the most humane, which is lethal injection," said Lieutenant General Le Quoc Hung.
The Government finds that the abolition of the death penalty for eight crimes as in the draft law submitted to the 15th National Assembly at the 9th session is appropriate in the current conditions of our country, on the one hand still meeting the requirements of the fight against crime, while at the same time meeting the process of continuing to reduce the death penalty, as well as the requirements of cooperation and expansion of international relations for national development.
Regarding the crimes of embezzlement and bribery, the Deputy Minister stated that the abolition of the death penalty aims to ensure the recovery of assets obtained from crimes, while also encouraging criminals to actively report during the case resolution process.
Specifically, the draft law has amended and supplemented the provisions in the direction: "A person sentenced to life imprisonment for embezzlement or bribery can only be considered for a reduction in the term of serving the sentence if he/she has proactively returned at least 3/4 of the embezzled or bribed property and during the investigation, prosecution and trial stages has actively cooperated with the authorities in detecting, investigating and handling the crime or has made great achievements".
Chairman of the Committee on Law and Justice Hoang Thanh Tung expressed his opinion on the review.
Reporting on opinions on receiving, explaining, and revising the draft law later, Chairman of the Law and Justice Committee Hoang Thanh Tung said that through discussing the proposed content of abolishing the death penalty for some crimes, there were 2 types of opinions in the Standing Committee of the Committee.
The first type of opinion agrees with the draft law's provision on abolishing the death penalty for 8 crimes.
The second type of opinion agrees to consider abolishing the death penalty for four crimes, including the crime of activities aimed at overthrowing the people's government; the crime of espionage; the crime of sabotaging the material and technical facilities of the Socialist Republic of Vietnam; the crime of undermining peace and waging aggressive wars.
At the same time, in the context of the complex crime situation, with an increasing trend in both quantity and severity, this type of opinion proposes to retain the death penalty for four crimes, including: the crime of manufacturing and trading in counterfeit medicines and preventive medicines; the crime of illegally transporting narcotics; the crime of embezzlement; and the crime of accepting bribes to ensure deterrence, prevention and strictness of the law in the fight against these types of crimes.
The Supreme People's Court and the Supreme People's Procuracy proposed to retain the death penalty for three crimes: illegal transportation of narcotics; embezzlement; and bribery. The Supreme People's Procuracy also proposed to retain the death penalty for espionage.
“There is also an opinion in the Standing Committee of the Law and Justice Committee that if the death penalty is still maintained for the crimes of embezzlement and bribery, then consider adding a provision that "The death penalty shall not be applied to those who commit the crimes of embezzlement and bribery, but before being sentenced, they have actively returned at least 3/4 of the embezzled or bribed property and actively cooperated with the authorities in detecting, investigating, and handling the crime or have made great achievements" to create a legal basis for applying a leniency policy right in the trial stage, without waiting for the execution stage", Mr. Hoang Thanh Tung clearly stated.
The Standing Committee of the Law and Justice Committee recognizes that the above two issues are important contents, which can lead to changes or have a major impact on criminal policies and the fight against crime, while the opinions of National Assembly deputies and agencies are still very different. Therefore, to ensure caution and have a basis for receiving, revising and perfecting the draft law, we would like to propose that the Standing Committee of the National Assembly allow sending ballots to collect opinions of National Assembly deputies on these contents.
MR. PHUONG
Source: https://www.sggp.org.vn/bo-cac-quy-dinh-co-lien-quan-ve-hinh-phat-tu-chung-than-khong-xet-giam-an-post798876.html
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