Proposal to the National Assembly to abolish the death penalty for 8 crimes, including embezzlement and bribery

Minister of Public Security Luong Tam Quang - Photo: GIA HAN

Minister Luong Tam Quang said that besides the achieved results, after more than 8 years of implementation, the 2015 Penal Code (amended and supplemented in 2017) has revealed many problems.

In particular, the regulations on the death penalty still have many shortcomings; some regulations are not suitable for the socio -economic situation and the practical work of fighting and preventing crime.

Some regulations on imprisonment and fines do not ensure deterrence, especially for crimes that are becoming more complicated and causing outrage, such as drug crimes, environmental crimes, counterfeit goods crimes, food safety and hygiene crimes, etc.

Therefore, amending and supplementing a number of articles of the law is an urgent and objective requirement.

Proposal to remove 8/18 crimes with death penalty

In terms of punishment, it is proposed to add life imprisonment without parole as the main punishment.

At the same time, supplement the contents related to the addition of this penalty (classification of crimes, decision on penalties in cases of committing multiple crimes, decision on penalties in cases of preparing to commit crimes, attempted crimes, statute of limitations for execution of judgments, reduction of the imposed penalty, deletion of criminal records).

It is expected to abolish the death penalty and replace it with life imprisonment without parole (still ensuring the isolation of criminals from social life), for 8/18 (44.4%) crimes with the death penalty in the current law.

Specifically, the crimes of activities aimed at overthrowing the people's government; espionage; sabotage of Vietnam's material and technical facilities; production and trade of counterfeit medicines and preventive medicines; illegal transportation of narcotics; embezzlement of property; bribery; sabotage of peace and waging wars of aggression.

Proposing to amend a number of other regulations related to the death penalty, including adding cases where the death penalty is not carried out for people with terminal cancer, people infected with HIV who have progressed to AIDS, or have opportunistic infections.

Increase prison sentences and fines for some crimes to ensure deterrence and improve the effectiveness of crime prevention and control.

Timely protect the legitimate rights and interests of the State and citizens, in accordance with international legal regulations such as environmental crimes, counterfeit goods, food safety, and drugs.

Increase the fine to twice the current regulation for the crime of producing and trading counterfeit goods, the crime of producing and trading counterfeit food, food additives, the crime of producing and trading counterfeit medicines, disease prevention medicines...

Regarding corruption crimes, the Government proposes to double the fine compared to current regulations for these crimes.

Mr. Hoang Thanh Tung - Photo: GIA HAN

2 types of opinions on the proposal to abolish the death penalty for 8 crimes

Presenting the review report, Chairman of the Committee on Justice and Law Hoang Thanh Tung said there were two types of opinions on the proposal to abolish the death penalty for 8 crimes.

Firstly, agree to abolish the death penalty and replace it with life imprisonment without the possibility of parole for 8 crimes with the death penalty as proposed by the Government.

Second, agree with the policy of continuing to consider abolishing the death penalty for crimes that still have this penalty in the Penal Code.

However, the consideration of removing this penalty for any crime in this amendment and supplement needs to be carefully considered to avoid affecting the effectiveness of deterrence, prevention and handling of crime.

Accordingly, it is recommended to carefully consider abolishing the death penalty for embezzlement, bribery, and illegal drug trafficking.

Mr. Tung said the majority of opinions in the Committee agreed with the second type of opinion.

Regarding the addition of life imprisonment without parole as the main punishment for 18 crimes, there are also two types of opinions.

The first type approves of adding life imprisonment without parole for 18 crimes as stipulated in the bill.

Some opinions suggest reviewing all particularly serious crimes, including crimes with death penalty provisions before 2015, to prescribe additional life imprisonment without reduction of sentence, ensuring consistency in criminal policy.

Second, agree with the Government's view on the requirement to synchronously combine the continued abolition of the death penalty with the addition of strict handling measures.

However, adding life imprisonment without parole as a separate penalty in the penal system is unreasonable.

Because in reality this new penalty is not much different from life imprisonment; it creates inconsistency in criminal policy and reduces the effectiveness of penalty application.

Therefore, this type of opinion suggests not to add this penalty but to consider amending and supplementing in the direction of adding regulations on cases where sentences are not reduced for people sentenced to life imprisonment.   similar to the provisions of the Amnesty Law on cases that are not recommended for amnesty.

Mr. Tung said the majority of the Committee's opinions agreed with the first type of opinion.

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Source: https://tuoitre.vn/trinh-quoc-hoi-de-xuat-bo-phat-tu-hinh-8-toi-danh-trong-do-co-toi-tham-o-tai-san-nhan-hoi-lo-20250520083220138.htm