'Producing fake drugs is as inhumane as murder'

The draft revised Penal Code proposes to abolish the death penalty for 8 crimes. One of these is the crime of manufacturing and trading in counterfeit medicines and disease prevention products. Discussed at the 9th session of the 15th National Assembly on May 27, many National Assembly deputies still had concerns when discussing this content.

The draft revised Penal Code proposes to abolish the death penalty for eight crimes. One of these is the crime of manufacturing and trading in counterfeit medicines and disease prevention products. Discussing in the hall on May 27, many National Assembly deputies still had concerns.

Delegate Nguyen Thanh Sang, Ho Chi Minh City delegation

PHOTO: GIA HAN

There should be a balance between "criminals" and "criminals"

Delegate Nguyen Thanh Sang, Ho Chi Minh City delegation, agreed in practice that up to now, there has been no case of a person being sentenced to death for producing counterfeit drugs. However, Mr. Sang expressed concern about this type of crime, because profit dominates, so the production and trade of counterfeit drugs has become very complicated.

"If we can quantify killing someone with a knife, we say it is a hooliganism, losing all humanity. But the crime of producing medicine to cure or prevent diseases is no less inhumane than murder. This is an act of conscience, knowing it but still doing it, causing serious consequences to the health and lives of the people," said Mr. Sang.

According to the delegate, patients who mistakenly take fake medicine, if they take a little, their mild illness will become serious, and serious illness will lead to the risk of death. That is the damage to health and life caused by criminal acts.

Therefore, Mr. Sang suggested considering abolishing the death penalty, "should not be humane in cases that cause too great an impact". Authorities are stepping up the fight against the production of counterfeit goods, so they must be severely punished to maintain discipline and the law.

Sharing the same view, delegate Truong Trong Nghia, Ho Chi Minh City delegation, suggested balancing between "prisoners" and "criminals" to consider who should be prioritized and protected.

Mr. Nghia said that there are crimes whose harmful effects take a long time to be discovered and can last a generation. "Let's think about newborn babies who are exposed to fake drugs and fake food and suffer from some complications and some diseases throughout their lives," the delegate asked.

Maintaining the death penalty does not mean that it will always be applied and executed, but will be the basis for increasing deterrence against criminals. If we want to limit the death penalty, Mr. Nghia said that we can design some more articles, clauses and trial methods, instead of completely removing it as in the draft.

Deputy Prime Minister Le Thanh Long

PHOTO: GIA HAN

A great step forward in criminal policy

Explaining to the delegates, Deputy Prime Minister Le Thanh Long said that during the process of drafting the law, the Ministry of Public Security had advised the Government and considered "many aspects quite carefully". In particular, it was necessary to closely follow the policy in Resolution 49/2005 on reducing death sentences, increasing fines and alternative penalties.

According to the Deputy Prime Minister, currently 142 out of 193 UN member countries have abolished the death penalty in regulations or in practice have regulations but do not apply them. As for Vietnam, abolishing the death penalty for 8 crimes will be a huge step forward in criminal policy.

"This is a huge step forward in changing our concept of criminal policy, especially regarding the most serious punishment of depriving a person of the right to life," the Deputy Prime Minister affirmed.

Previously, the Ministry of Public Security reported on the acceptance and explanation of the draft revised Penal Code, including a proposal to abolish the death penalty for 8 crimes.

The Ministry of Public Security said that in the project related to the death penalty submitted by the Supreme People's Procuracy, the Politburo basically agreed to narrow the death penalty, including studying the abolition of this penalty for the crime of producing and trading in counterfeit drugs.

Trial practice shows that counterfeit drugs are mainly fake labels, poor quality, have no therapeutic effect... it is very difficult to determine whether they cause death or not to apply the death penalty. In fact, there has not been a case of a death sentence for this crime.

Besides, in terms of social danger, this behavior is not as dangerous to society as murder or terrorism.

If a person uses poison to produce counterfeit drugs to kill someone, he will be charged with murder. Therefore, the death penalty for this crime can be considered.