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Top court mulls penal code change

The Supreme People’s Court on March 28 looked into issues relating to the draft law revising the 2015 Penal Code, including the scope of criminal responsibility by those aged 14 to 16 and the criminal liability of adults in commerce.
Top court mulls penal code change ảnh 1The Supreme People’s Court looked into issues relating to the draft law revising the 2015 Penal Code. (Photo: VNA)

Hanoi (VNA) – The Supreme People’s Court on March 28 looked into issuesrelating to the draft law revising the 2015 Penal Code, including the scope ofcriminal responsibility by those aged 14 to 16 and the criminal liability of adultsin commerce.

ThePenal Code states that persons between the ages of 14 and 16 bearresponsibility for very serious crimes intentionally committed.

Thedraft amended code expands the scope of the criminal liability of children aged14 to 16: they will also be liable for intentionally causing injuries or damageto other people’s health, rape, and kidnapping for ransom.

PhamMinh Tuyen, chief judge of Bac Ninh province’s People’s Court, said hedisagreed with the changes.

“Somepeople say new regulations will prevent school violence. I don’t think so.School violence is the fault of the family, school and society, it’s notchildren’s fault. We can’t make our children bear responsibility for that,” Tuyensaid.

NguyenHuu Chinh, chief judge of the Hanoi People’s Court, said the currentregulations (the 1999 Penal Code) should remain unchanged.

The draft lists 28 crimes for which those aged 14 to 16 are to be heldresponsible. “The list is insufficient. For example, those from 14 to 16 can betaken advantage of to commit crimes that pose a threat to the nation’s security, because they won’t have to bear liability for such crimesunder the amended law,” he said.

PhamDuc Tuyen, deputy chief judge of the Hai Phong People’s Court, agreed, andinsisted that the regulations remain the same.

Discussion also focused on proposals to amend articles relating to preparationto commit a crime.  The draft law says preparation of weapons or dangerouschemical substances in order to inflict injuries on other people can result injail terms of three months to two years.

“I think this is a proper and effective way to prevent crime from an earlystage,” said Bui Van Giang, a judge from the National Military Court.

Regarding the liability of legal persons in commerce, the chief judge of the QuangNinh People’s Court, Ninh Hoang Van, said a specific penal liability is neededfor individuals who act in the name of the collective and commit crimes.

Pham Duc Tuyen, deputy chief judge of the Hai Phong People’s Court, said theclassification of crimes by legal persons in commerce was insufficient. “Theidentification of penalties would be fair and accurate only when theclassification of the crimes is done properly,” Tuyen said.-VNA 
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