Chapter II
EFFECT OF THE PENAL CODE
Article 5.- The effect of the Penal Code on criminal acts committed in the territory of the Socialist Republic of Vietnam
1. The Penal Code applies to all acts of criminal offenses committed in the territory of the Socialist Republic of Vietnam.
2. For foreigners who commit offense in the territory of the Socialist Republic of Vietnam but are entitled to diplomatic immunities or consular privileges and immunities under Vietnamese laws, international treaties which the Socialist Republic of Vietnam has signed or acceded to or the international practices, their criminal liabilities shall be settled through diplomatic channels.
Article 6.- The effect of the Penal Code on criminal acts committed outside the territory of the Socialist Republic of Vietnam
1. Vietnamese citizens who commit offenses outside the territory of the Socialist Republic of Vietnam may be examined for penal liability in Vietnam according to this Code.
This provision also applies to stateless persons who permanently reside in the Socialist Republic of Vietnam.
2. Foreigners who commit offenses outside the territory of the Socialist Republic of Vietnam may be examined for penal liability according to the Penal Code of Vietnam in circumstances provided for in the international treaties which the Socialist Republic of Vietnam has signed or acceded to.
Article 7.- The temporal application of the Penal Code
1. The provision applying to a criminal act shall be the provision currently in force at the time such criminal act is committed.
2. Provisions defining a new offense, a heavier penalty, a new aggravating circumstance or restricting the scope of application of suspended sentences, the exemption of penal liability and/or penalties, the reduction of penalties or remission of criminal records, and other provisions not in favor of the offenders, shall not apply to acts of criminal offense committed before such provisions take effect.
3. Provisions canceling an offense, a penalty, an aggravating circumstance and/or defining a lighter penalty, an extenuating circumstance or broadening the scope of application of suspended sentences, the exemption of penal liability, penalties, the reduction of penalties, the remission of criminal records and other provisions in favor of the offenders, shall apply to acts of criminal offenses committed before such provisions take effect.
Tìm kiếm
Bộ luật hình sự 1999 (Bản Word)