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No Ordinance Number: Punishing The Crime Of Counter-Revolution

Original Language Title: Pháp lệnh Không số: Trừng trị các tội phản cách mạng

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Pursuant to article 7 of the Constitution of the Democratic Republic of Vietnam;

To enhance the people's democratic dictatorship, defend the nation, protect the people and the democratic State;

To ensure complete success for the cause of socialist revolution, for the resistance against the US, save the country, protecting the Northern, the southern liberation, made peace reunification;

To enhance the spirit of revolutionary vigilance of the people, motivate the entire population actively participate in preserving security and order;

This Ordinance stated the counter-revolutionary and penalty provisions punishing the transgressors counterrevolutionary.

Item 1 COUNTER-REVOLUTIONARY and the PRINCIPLE of PUNISHING the CRIME of COUNTER-REVOLUTION article 1.

Counter-revolutionary crimes as crimes against the nation, against the democratic administration, undermining the Socialist renovation and Socialist construction, destructive defense, undermining his career against the US, save the country, protecting the Northern, the southern liberation, realizing reunification.

Article 2.

Criminal conspiracy and criminal actions were punishing.

The principle of punishing us counterrevolutionary is: serious criminals, conspirators, they're evil, they're recalcitrant player against revolution; clemency for these guys is forced, tricked the chips, the wrong way and the guys honest repentance; mitigation of punishment or exemption from punishment for those who set up the ransom.

Section 2 OFFENCES and PENALTIES article 3. Treason who is the citizen of the country the Democratic Republic of Vietnam that the harm to the independence and sovereignty of peoples, unity, territorial integrity of the country and harm to the Socialist regime shall be twenty years imprisonment, life imprisonment or death.

Article 4. The crime of conspiring to overthrow the democratic Government who founded or joined counter-revolutionary organisation in order to make the plot to overthrow the democratic Government, breaking down the political regime, the economy and society was the Constitution of the Democratic Republic of Vietnam water regulations then sanctioned as follows : a) Us conspirators, leader, instigated, operate effectively then be imprisonment from fifteen years to life imprisonment or death;

b) We join being imprisonment from five to fifteen years.

In less serious cases, the culprits being imprisonment from three to twelve years.

Article 5. The spy who's guilty of the crime as follows: 1. To provide, transfer or steal, gather, store to provide, transfer of State secrets, military secrets for us imperialism and a gang of thugs, for Foreign Intelligence Agency;

2. get the directive of the Organization, foreign intelligence investigations or conduct other counter-revolutionary activities;

3. Only points for us invasion of bombing, shelling;

4. Receive indicator of foreign countries, collect, providing news, documentation but not in State secrets, but to foreign countries use to harm the interests of the country the Democratic Republic of Vietnam;

then sanctioned as follows: a) we're the leader, Commander, effective operations, spying or major damage caused by imprisonment from ten to two years in prison or sentenced;

b) We don't spy on here being imprisonment from five years to twelve years.

Article 6. Trespassing the territorial security guys who would invade the territory, undermining the security of the Democratic Republic of Vietnam, the country sanctioned as follows: a) we're the leader, Commander, we have serious crimes shall be imprisonment from ten to two years in prison or sentenced;

b) We joined the penalty to imprisonment from five to twelve years;

c) who supplies, directions, help us say on the activity for two years imprisonment up to ten years.

Article 7. The crime of rebellion who revolted against armed or undermining the democratic Government, the people's armed forces then sanctioned as follows: a) They masterminded, leader, Commander, effective operations, we have damage being imprisonment from ten to two years in prison or sentenced;

b) We joined the penalty to imprisonment from three to twelve years.

Article 8. Criminal activity who for the purpose of hazelnut counter-revolution that armed activities in the mountain forests, waters, kill officials and employees of the State, the guards, police or killing people, looting, burning the property of the State and of the people, making the disorder and order, security, the sanctioned as follows : a) we're the leader, Commander, we have serious crimes shall be imprisonment from ten years to life imprisonment or death;

b) We joined the hazelnut imprisonment from two years to ten years.

Article 9. The crime of escape under the title or for the purposes of revolution that hid abroad 1. Who's hiding under the title or for the purposes of revolution that hid abroad shall be imprisonment from three to twelve years.

2. Who for the purposes of revolution that forced, seduce, fooling the chips, held others hid under the enemy or fled abroad shall be imprisonment from five to fifteen years.

In the case of particularly severe, then the offender sentenced to life imprisonment or death.

Article 10. Murder, hit, causing injury, hostage, threatening to kill the person, for the purposes of revolution 1. Who for the purposes of revolution that killed officer, State employees, the guards, police or kill people then suffer imprisonment from fifteen years to life imprisonment or death.

2. The perpetrator counter-revolutionary purposes that beatings, injuries, arrests of officials and State employees, the guards, the police, or the people being imprisonment from three years to fifteen years.

3. Who for the purposes of revolution that threatened to kill officers and employees of the State, the Ministry of public security, while the team they duty shall be imprisonment from two years to ten years.

Article 11. The crime of sabotage who for the purposes of revolution that offence as follows: 1. the undermining of State authority and of the political parties, the people's Union in the Vietnam Fatherland Front, the barracks of the people's armed forces, the defence works;

2. Destructive dams, embankments, bridges and roads and means of transport, transportation, information, communications, industrial, warehouse, cultural or any other property of the State, of the cooperative and the people;

3. Steal weapons, explosives, machinery, raw materials, fuel or any other property of the State;

4. Remove the poison, insect, chemical toxins or used in any other way cause damage to people, animals, crops, trees;

5. Undermining the currency regime and Socialist business background;

6. Knowingly doing wrong or not doing his work in charge to disrupt production, interrupt or hinder the activity of State organs, the people's Union, a military organization, economy, science, culture and society;

7. Inciting, instigating, entice others to disrupt labor discipline, military discipline, undermining the fighting spirit of the armed forces of the people and of the people;

shall be imprisonment from ten years to life imprisonment or death.

In less serious cases, the culprits being imprisonment from five years to ten years.

Article 12. Crime of undermining the bloc uniting the whole people who for the purposes of revolution that propaganda, organization, or other actions aimed at: 1. Vandalism blocks unite and unify the nation, causing problems and divisions among the people, of the people's armed forces, Vietnam Fatherland Front split , split the people with the Government, split the people with the armed forces of the people, split the people's armed forces with State bodies;

2. Destructive ethnic policy, causing Mr enemies, frictions between the peoples living together on the Vietnam country;


3. the undermining of religious policy, causing a split between the religions, split between the followers of the religion to people who don't follow the religion, split between the religious believers with authority; taking advantage of religion, infringe the democratic freedoms of adherents, hinder them doing the duty of citizens or to join the unions, cooperatives, the military organization, economy, culture and society;

shall be imprisonment from five to fifteen years.

Article 13. Crime against or sabotage the implementation of the policies and legislation of the State 1. Who for the purposes of revolution that against the destructive, or impede the implementation of the policies, laws and plans of the State shall be imprisonment from two years to ten years.

2. Who for the purposes of revolution that forced, instigated, entice others to resist, undermining or obstructing the implementation of the policies, laws and plans of the State shall be imprisonment from five to fifteen years.

3. The perpetrator would resist, vandalism, obstructing national defense service plans or cause serious obstacles to the implementation of the policy, law and the State's plan, then sentenced to prison or sentenced.

Article 14. Crime of disturbing security, 1. Who for the purposes of revolution that excite, entice, gathered many in order to disrupt order and security, prevent State employees, officials, the guards, the police duty shall be imprisonment from five years to 12 years.

2. Who for the purposes of revolution that engaging the disturbing, security shall be imprisonment from two years to five years.

Article 15. Charges of counter-revolutionary propaganda, who for the purposes of revolution that sin as follows: 1. Propaganda, agitation against the democratic Government, misrepresent the Socialist regime;

2. Propagating these psychological war of the enemy; distort resistance against the Americans, save the country, won national independence and reunification, rumors circulating news float, causing confusion among the people;

3. Advocacy for policies to enslave and culturally for Cyprian of imperialism;

4. Writing, printing, circulating, hiding books, newspapers, films, paintings, photographs or any other materials that the content and the purpose of revolution;

shall be imprisonment from two years to twelve years.

Article 16. Crime smash, hitting the robber can violate, held beyond prisons, prisoners who escaped because the purpose of revolution that broke the prisons, the robbers can violate, held beyond prisons, escaping prison then sanctioned as follows: a) They masterminded, leader, Commander, effective operations, we have the big damage , they are imprisoned for a serious offence shall be imprisonment from ten to two years in prison or sentenced;

b) We joined the penalty to imprisonment from three to twelve years.

Article 17. Crime of concealing reactionary elements who know clearly the counter-revolutionary elements that harboring, concealing, supplies, help for them hiding or hiding evidence, objective evidence of their crimes, the penalty or imprisonment from two years to ten years.

Section 3 COMMON PROVISIONS Article 18. Extra penalty who convicted counter-revolutionary stated in section II, in addition to penalties was noted in the law, and sentenced as follows: 1. These guys violate one of these crimes from article 3 to article 16 then stripped from two years to five years the interests of the people below : a) the right to vote and the nomination;

b) the right to work in the State and in the Organization of the people's armed forces;

c) r.l. Authority in charge of the political organization, economy, culture and society.

2. The perpetrator violates one of the crimes from article 3 to article 16, it can be confiscated a portion or the entire property.

3. Those who violate one of the crimes listed in section II, it might be fine, probation or residence required, or prohibition of residence in a local number from one year to five years.

Article 19. These cases need to heavily punish anyone guilty of counter-revolutionary stated in section II that guilty on one or more of the following cases, the sanctioned weight: 1. Do direct damage to the resistance against the Americans, save the country, the defense industry;

2. Taking advantage of the war circumstances, where war, disaster or other difficulties to implement the counter-revolutionary;

3. the counter-revolutionary activities organized;

4. Use the right function to counter-revolutionary activities;

5. Use extreme evil tricks, special methods to conduct dangerous counter-revolutionary;

6. criminal actions have caused serious consequences;

7. the offender has previous convictions or counter-revolutionary crimes against people;

8. the offender is recalcitrant elements not be renovated.

Article 20. These circumstances mitigated punishment or exemption from punishment anyone guilty of counter-revolutionary stated in section II that crimes subject to one or more of the following circumstances shall be mitigated punishment or penalty waiver: 1. Conspiracy to commit a crime, but did not voluntarily make crime;

2. The crimes have not been detected that honestly confess, clear the plot and action and of accomplices;

3. Intentionally does not fully enforced or advice they don't enforce their conspiracy full counter-revolutionary leader;

4. Take actions to alleviate the harmful effects of crime;

5. Guilty because of forced, tricked the chips and the do not cause great harm;

6. Get caught, but before the trial proved the truth of Atonement, repentance.

Article 21. Apply the same principle to the crime of counter-revolution has not outlined in this Ordinance, shall apply to things about the same crime in this Ordinance that trial.

Article 22. The effect of the Ordinance on 1. The counter-revolutionary crimes committed before the date of publication of the Ordinance but not yet charged, judging by this Ordinance.

2. The things that previous provisions contrary to this Ordinance now being repealed.

  This Ordinance was National Assembly Committee passed on October 30, 1967.

 

 





 



The COMMITTEE of the NATIONAL ASSEMBLY of VIETNAM DEMOCRATIC REPUBLIC Chairman (signed) NONE