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Law No.: Modifying, Supplementing A Number Of Articles Of The Criminal Code

Original Language Title: Luật Không số: Sửa đổi, bổ sung một số điều của Bộ luật Hình sự

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LAW on AMENDMENTS and supplements to SOME ARTICLES of the CRIMINAL CODE pursuant to article 83 of the Constitution of the Socialist Republic of Vietnam;
This law amending and supplementing a number of articles of the criminal code was the National Assembly of Socialist Republic of Vietnam passed on 27 June 1985, as supplemented and amended on September 28, 1989.
Article 1 amendments and supplements to some articles of the General Part of the Penal Code as follows: 1 Article 2, Paragraph 28) about punishment prohibited make sure the, do the trades or certain jobs are added as follows: "prohibited period is from two years to five years from the day the accomplished Executive imprisonment sentence or since the date of the judgment in force if the law is the primary or in the case of persons sentenced to probation are entitled ".
2) paragraph 2 of article 31 penalties deprived some citizens are added as follows: "the term stripped some civil rights is from one year to five years from the day the accomplished Executive imprisonment sentence or since the date of the judgment in force the law if other major penalty is or where the person convicted is entitled to probation".
3) Article 42 of the aggregate punishment of many judgments are the addition of a new paragraph as follows: "3. In the case of a person who must approve many of the judgment has the effect of law that the punishment of the judgment has not yet been synthesized according to the provisions in clause 1 and clause 2 of this , the Court decides the punishment of synthetic judgments. General penalty not exceeding the highest level that the law stipulated for this type of punishment has taken ".
4) 69 Things about deferment, remission or reduction of the penalty is modified as follows: "article 69. Delayed, free of penalty of jail.
Military personnel convicted of less serious crimes, if due to the demands of fighting or combat service that was the Commander of regiment level or above recommended for stay in the unit continues to do the task, then it may be for the courts to postpone the penalty to imprisonment from six months to a year. Expiry of which, the Court will base on the attitude or the result set of the person sentenced which decided long penalty or forced to obey the entire penalty has ".
 
Article 2 modifying, supplementing a number of articles of the criminal section of the criminal code as follows: 1) Remove the words "cause serious consequences" in the charges in the article 182, 186, 190 and 194.
2) Article 88 of the crime organization, forced others to flee abroad or stay overseas illegally was amended and supplemented as follows: "article 88. Organized crime, forced others to flee abroad or stay abroad.
1. Who would organize, forced others to flee abroad or stay overseas illegally, if not in the cases specified in Article 85, shall be punished to imprisonment from two years to seven years.
2. A crime or causing serious consequences, shall be punished to imprisonment from five years to twelve years.
3. the offence in the case of particularly severe penalty, imprisonment from ten years to twenty years or life imprisonment ".
3) Account 3 things about 100 additional penalties be amended and supplemented as follows: "3. The person would violate one of the crimes defined in Articles 90 and 91 in case the main punishment is not fine, then can be fined according to the levels specified for each of the crimes.
Who would violate one of the crimes defined in articles 88, 95, 96, 98 and 99, then can be fined from three hundred thousand (300,000 us dollars) to three million dong (3 million); in Article 96a or in Article 97 in the case of the main punishment is not fine, it could be fined up to ten times the worth of delinquency ".
4) clause 1 Article 103 on charges of violating health or lives of others while on duty was amended and supplemented as follows: "1. any Person while on duty that lethal force due in addition to the case law, the penalty or imprisonment from one year to five years.
Guilty of killing many people or in other serious cases, the penalty or imprisonment from three years to fifteen years ".
5) clause 4 Article 112 of rape be amended and supplemented as follows: "4. All cases with children under 13 years of age is guilty of rape and punished offenders to imprisonment from seven to fifteen years.
Crime in one of the cases specified in clause 2 and clause 3 of this article, shall be punished to imprisonment from twelve years to twenty years, life imprisonment or the death penalty ".
6) Article 124 of the crime of infringing the right to freedom of Assembly, Association, belief of the citizens is modified as follows: "article 124. The crime of infringing the freedom of religion, the right of Assembly, Assembly of the citizens.
People would have hindered the citizens exercise their rights here, then the penalty of caution, not confined to one year or fined to imprisonment from three months to one year: a) the right of Assembly, the right of assembly line with the interests of the State and of the people;
b) freedom of belief, or follow a religion ".
7) paragraph 3 Article 134 of fraud appropriating Socialist properties are added as follows: "3. the offence in the case of particularly severe penalty, imprisonment from ten years to twenty years, life imprisonment or the death penalty".
8) paragraph 3 to article 135 on charges of abuse of confidence appropriating Socialist properties are added as follows: "3. the offence in the case of particularly severe penalty, imprisonment from ten years to twenty years or life imprisonment".
9) 157 Articles about fraud seized the property of citizens is modified and supplemented as follows: "article 157. Fraud seized the property of citizens.
1. Who would deceitful tricks by appropriating the property of another person, shall be punished to imprisonment from three months to five years.
2-a crime in one of the following circumstances, it shall be imprisonment from three to twelve years: a) organized or professional nature;
b) Use cunning tricks, dangerous;
c) appropriating property has great value;
d) Re dangerous offense.
3. the offence in the case of particularly severe penalty, imprisonment from ten years to twenty years, life imprisonment or the death penalty ".
10) Article 158 on charges of abuse of confidence appropriating the property of citizens is the addition of a new paragraph as follows: "3. the offence in the case of particularly severe penalty, imprisonment from ten years to twenty years".
11) clause 1 Article 168 on charges of unauthorized trading was amended and supplemented as follows: "1. Who does business without license or not true to the content license, has dealt with the Administration about the unauthorized trading or has been convicted but not yet clear on the crime of illegal business or on one of the offences stipulated in the article 96a , 97, 165, 166, 167, 169, 173 and 183 but also violating, then fined renovating not imprisoned up to two years or imprisonment from three months to two years ".
12) item 2 Article 169 on charges of tax evasion was amended and supplemented as follows: "2. the crime of tax evasion with very large numbers or have been convicted but not yet sentenced for tax evasion or deletion of one of the offences specified in articles 165, 166, 97, 96a, 167, 168, 173 and 183 or in special cases of other serious , then the penalty to imprisonment from two years to seven years ".
13) Article 201 on charges of harboring or consume the property by another offence that has been modified and supplemented as follows: "article 201. The crime of harbouring or consume the property crimes by others that have.
1-Who would not promise that contains accept, consumes the property known as a crime that may be punished, renovating not imprisoned up to two years or imprisonment from three months to three years.
2. the offence in one of the following circumstances, the penalty or imprisonment from two years to seven years: a) organized or professional nature;
b) property, illegal characters have large numbers or great value;
c) Re dangerous offense.

3. the offence in the case of particularly severe, the penalty or imprisonment from five to fifteen years ".
14) some additional new article as follows: "article 205a. Guilty of abusing democratic freedoms infringe the interests of the State, of society or organization of the citizens.
Who would take advantage of the right to freedom of speech, freedom of the press, freedom of religion, the right of Assembly, Assembly or other democratic freedoms infringe the interests of the State, of society or organization of citizens, then the penalty of caution, not confined to two years or imprisonment from three months to three years ".
15) Article 220 on charges of lack of responsibility causing serious consequences be amended and supplemented as follows: "article 220. Guilty of lack of responsibility causing serious consequences.
1. any Person because of the lack of responsibility that do not implement or incorrect implementation tasks that cause serious consequences, if not in the case specified in article 139, 193 and 237, the penalty or the detention no improvement to one year or fined to imprisonment from three months to three years.
2. the offence in the case of particularly severe consequences, shall be punished to imprisonment from two years to ten years ".
16) Article 221 of the crime of abusing the Office abuse of rights or powers while on duty was amended and supplemented as follows: "article 221. The crime of abusing the Office abuse of rights or powers while on duty.
1. any Person because of self-interest or other personal motives that take advantage of Office, powers beyond the powers do contrary to the service damage the interests of the State, of society or the legitimate interests of the citizens, if not in the case prescribed in articles 238 and 239, 156 , then the penalty of caution, not confined to two years or imprisonment from six months to five years.
2. the offence in the case of particularly severe consequences, shall be punished to imprisonment from three to twelve years ".
17) paragraph 3 to article 226 on charges of receiving bribes are added as follows: "3. the offence in the case of particularly severe, the penalty or imprisonment from twelve years to twenty years, life imprisonment or the death penalty".
18) Article 246 on charges of concealing the crime be amended and supplemented as follows: a paragraph 2 clause 1) is added as follows: "-The thing from 72 to 85 on charges of dangerous national security violations; Article 87 (crime of appropriating the aircraft, shipbuilding); Article 94, paragraph 2 (crime of destruction of public buildings, important means of national security); Article 95, paragraph 2 and 3 (the crime of manufacturing, storing, use, unauthorized trading or appropriating warfare, military engineering vehicles); Article 96, paragraph 2 and 3 (the crime of manufacturing, storing, use, unauthorized trading or appropriating explosive, flammable, poisonous, radioactive substances); Article 96a, paragraph 2 and 3 (guilty of producing, storing, sale, unauthorized transport of narcotics); Article 97, paragraph 2 and 3 (offence of smuggling or illegal transportation of goods, cross border currency); Article 98 (crime of counterfeiting, charges of circulating counterfeit money, Museum, the crime of destruction of currency) ";
b) Dropped the word "penalty improvement not imprisoned up to two years or" in paragraph 2.
19) paragraph 2 paragraph 1 to article 247 of the crime not criminals responsible are added as follows: "-The thing from 72 to 85 on charges of dangerous national security violations; Article 87 (crime of appropriating the aircraft, shipbuilding); Article 94, paragraph 2 (crime of destruction of public buildings, important means of national security); Article 95, paragraph 2 and 3 (the crime of manufacturing, storing, use, unauthorized trading or appropriating warfare, military engineering vehicles); Article 96, paragraph 2 and 3 (the crime of manufacturing, storing, use, unauthorized trading or appropriating explosive, flammable, poisonous, radioactive substances); Article 96a, paragraph 2 and 3 (guilty of producing, storing, sale, unauthorized transport of narcotics); Article 98 (crime of counterfeiting, the crime of possession of counterfeit money in circulation, the crime of destruction of the currency). "
----------------------------------This law was the National Assembly of the Socialist Republic of Vietnam tags VIII, session 9 through 12 August 1991.