CRIMINAL SECTOR

¤ Criminal Code No. 100/2015/QH13 dated 27 November 2015.

The following significant changes are provided:

  • Enterprises may now be faced with criminal prosecutions and penalties and subject to monetary fines, termination of business, and freezing of capital.
  • Death penalty is abolished for crimes such as robbery, producing and trading fake foods, destroying important national security buildings, surrendering to the enemy.
  • Death penalty can no longer be given to an individual who is 75 years old or more, persons who have returned at least three quarters of the ill-gotten assets and persons who have given their full cooperation during investigations.
  • The following new crimes have been introduced: rape against person below 16 years old; forcible sexual intercourse with persons from 13 to 16 years old; and giving away children less than 1 year old.

¤ Criminal Procedure Code No. 101/2015/QH13 dated 27 November 2015.

New Criminal Procedure Code has provided for more details and additional provisions on criminal procedures, including:

  • More rights given to defense counsels to be present with their clients for example during interrogation, identification, voice identification and other investigation procedures; and proposing to summon witnesses.
  • Identifying issues that require proof for example in a criminal case including reasons and conditions of crime, situations where criminal liability/penalty is exempted and more details on electronic evidence.
  • Introducing special investigation procedures (including secret voice/video recording, secret telephone eavesdropping or accessing electronic data) in specific cases (as national security infringement, drug related crimes, corruption, terrorism, money-laundering).
  • Provides further detail on registration as defense counsels.
  • Additional rights of State authority to request for prosecuting a case upon the detection of a crime.
  • Introducing special investigation procedures (including secret voice/video recording, secret telephone eavesdropping or accessing electronic data) in specific cases (as national security infringement, drug related crimes, corruption, terrorism, money-laundering).

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