The Ministry of Justice announced the appraisal file of the draft Penal Code (amended) drafted by the Ministry of Public Security.
It is expected that the draft Penal Code (amended) will be submitted to the National Assembly for consideration, comments and approval according to the shortened procedures at the 10th Session of the 15th National Assembly (October 2025).
Illegal racing, domestic violence will be electronically monitored
Notably, the Ministry of Public Security proposed two additional penalties: entry ban and electronic surveillance.
Specifically, Article 45a of the draft Penal Code (amended) stipulates that a ban on entry into Vietnam can be applied to foreigners who have been convicted.
(Illustration: Chat GPT)
And Article 45b stipulates that electronic monitoring is the use of electronic devices for management and monitoring.
" Electronic monitoring is applied to monitor people who are on suspended sentences, people on probation, banned from residence, or people who have been conditionally released from prison early for crimes that violate human dignity and honor, cause injury or harm to the health of others, disturb public order, illegal racing, drugs, abuse or torture of grandparents, parents, spouses, children, grandchildren, or people who have raised them; and commit crimes for the purpose of opposing the People's government ," the draft states.
Depending on the nature and severity of the crime, electronic monitoring may be applied to persons serving a primary or additional sentence or to persons conditionally released from prison early for crimes not covered by the above provisions.
Regarding the time of application of electronic monitoring penalty, the Ministry of Public Security proposed that it should not exceed the term of probation or residence ban; and should not exceed the probation period of a person sentenced to imprisonment but given a suspended sentence, or a person released from prison early with conditions.
Also according to the proposal of the drafting agency, the Government details the implementation of electronic monitoring penalties.
Proposed new penalty is life imprisonment without parole
In this draft Code, the Ministry of Public Security proposes to increase one main penalty compared to the seven penalties in the current Penal Code. That is life imprisonment without reduction of sentence to suit the practical requirements of the fight against crime.
Thus, according to the draft Penal Code (amended), there are 8 main penalties, including: warning, fine, non-custodial reform, expulsion, fixed-term imprisonment, life imprisonment, life imprisonment without reduction of sentence, and death penalty.
Regarding the penalty of life imprisonment without reduction of sentence, the draft Code supplements Article 39a for specific regulations.
Accordingly, life imprisonment without reduction of sentence is an indefinite prison sentence and the sentence already imposed shall not be considered for reduction, except in cases of general amnesty, commutation or other provisions of the Amnesty Law, applied to people who commit particularly serious crimes, but not to the extent of being sentenced to death.
Life imprisonment without reduction of sentence shall not be applied to persons under 18 years of age when committing a crime, pregnant women, women raising children under 36 months of age, or persons 75 years of age or older when committing a crime or at trial.
A person sentenced to life imprisonment without reduction for the crime of embezzlement or bribery, who before, during and after being sentenced proactively returns at least three-quarters of the embezzled or bribed property and actively cooperates with authorities in detecting, investigating and handling the crime or makes great achievements, shall have his/her sentence reduced to life imprisonment.
Source: https://baolangson.vn/de-xuat-giam-sat-dien-tu-voi-nguoi-huong-an-treo-vi-dua-xe-hanh-ha-vo-con-5043783.html
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