Amendments 2009 to Penal Code (EN) - THE NATIONAL...

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THE NATIONAL ASSEMBLY ------- SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- No. 37/2009/QH12 Hanoi, June 19, 2009 LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE PENAL CODE (No. 37/2009/QH12) Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10; The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Penal Code No. 15/1999/QH10. Article 1. To amend, supplement and annul a number of articles of the Penal Code 1. To abolish the capital punishment in Articles 111, 139, 153,180, 197, 221, 289 and 334. To amend the phrase "twenty years of imprisonment, life imprisonment or capital punishment" into "twenty years of imprisonment or life imprisonment” in Clause 3, Article 111; Clause 4, Article 139; Clause 4, Article 153; Clause 3, Article 180; Clause 4, Article 197; Clause 3, Article 221; Clause 4, Article 289; and Clause 4, Article 334. 2. To amend the minimum quantity for penal liability examination specified in Clauses 1 of some articles as follows: a/ To amend the phrase "five hundred thousand dong" into "two million dong" in Clauses 1 of Articles 137, 138, 139, 143, 278, 279, 280, 283, 289, 290 and 291: b/ To amend the phrase "one million dong" into "four million dong" in Clause 1 and remove the word "over" at Point d. Clause 2 of Article 140: c/ To amend the phrase "five million dong" into "ten million dong" in Clause 1 of Article 141. 3. To amend and supplement Clause 5, Article 69 as follows: "5. Life imprisonment or capital punishment is not imposed on juvenile offenders. When imposing penalties on juvenile offenders, it is necessary to restrict imprisonment ones. When imposing termed imprisonment penalties on juvenile offenders, courts shall hand down penalties lighter than those applicable to adults who commit similar offenses. Fines are not imposed on juvenile offenders who are from full 14 years to under 16 years old. Additional penalties are not imposed on juvenile offenders." 4. To change the title of Article 84 as follows: "Article 84. Terrorism" is changed into "Article 84. Terrorism against the peoples administration." 5. To amend and supplement Article 119 as follows: "Article 119. Trafficking in humans 1. Those who traffic in humans shall be sentenced to between two and seven years of imprisonment. 2. Committing the crime in any of the following circumstances, offenders shall be sentenced to between five and twenty years of imprisonment: a/ For prostitution purposes; b/ In an organized manner;
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c/ In a professional manner; d/ For taking victims" bodily organs; e/ For bringing abroad; f/ Trafficking in more than one person; g/ Committing the crime more than once. 3. Offenders may be imposed a fine of between five million and fifty million dong, subject to probation or residence ban for one to five years." 6. To amend and supplement Clause 2, Article 120 as follows: "2. Committing the crime in any of the following circumstances, offenders shall be sentenced to between ten and twenty years of imprisonment or life imprisonment: a/ In an organized manner; b/ In a professional manner; c/ For a despicable motive;
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