Chương XIII Bộ luật hình sự 1999: Các tội xâm phạm quyền tự do, dân chủ của công dân

Chapter XIII

CRIMES OF INFRINGING UPON CITIZENS DEMOCRATIC FREEDOMS

Article 123.- Illegal arrest, custody or detention of people

1. Those who illegally arrest, hold in custody or detain other persons shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years.

2. Committing the crimes in one of the following circumstances, the offenders shall be sentenced to between one and five years of imprisonment:

a) In an organized manner;

b) Abusing their positions and/or powers;

c) Against persons who are performing their official duties;

d) Committing the crime more than once;

e) Against more than one person.

3. Committing the crimes and causing serious consequences, the offenders shall be sentenced to between three and ten years of imprisonment.

4. The offenders may also be banned from holding certain posts for one to five years.

Article 124.- Infringement upon citizens places of residence

1. Those who conduct illegal searches of other persons places of residence, illegally expel other persons from their residence places or commit other illegal acts infringing upon citizens inviolable rights relating to places of residence shall be subject to warning, non-custodial reform for up to one year or a prison term of between three months and one year.

2. Committing the crimes in one of the following circumstances, the offenders shall be sentenced to between one and three years of imprisonment:

a) In an organized manner;

b) Abusing their positions and/or powers;

c) Causing serious consequences.

3. The offenders may also be banned from holding certain posts for one to five years.

Article 125.- Infringement upon other persons privacy or safety of letters, telephone and/or telegraph

1. Those who appropriate letters, telegrams, telex, facsimile or other documents transmitted by telecommunication means and computers or commit illegal acts of infringing upon the secrecy or safety of letters, telephone conversations or telegraphs of other persons and who have been disciplined or administratively sanctioned for such acts but continue to commit violations, shall be subject to warning, a fine of between one million and five million dong or non-custodial reform for up to one year.

2. Committing the crime in one of the following circumstances, the offenders shall be subject to non-custodial reform for one to two years or a prison term of between three months and two years:

a) In an organized manner;

b) Abusing their positions and/or powers;

c) Committing the crime more than once;

d) Causing serious consequences;

e) Recidivism.

3. The offenders may also be subject to a fine of between two million and twenty million dong, to a ban from holding certain posts for one to five years.

Article 126.- Infringement upon citizens rights to vote, to stand for election

1. Those who resort to deception, buying off, coercion or other tricks to obstruct the exercise of citizens rights to vote and/or the right to stand for election shall be subject to warning, non-custodial reform for up to one year or a prison term of between three months and one year.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between one and two years of imprisonment:

a) In an organized manner;

b) Abusing their positions and/or powers;

c) Causing serious consequences.

3. The offenders may also be banned from holding certain posts for one to five years.

Article 127.- Falsifying election returns

1. Those who are responsible for organizing and supervising elections but forge papers, commit vote fraud or employ other tricks to falsify the election returns shall be subject to non-custodial reform for up to two years or a prison term of between six months and two years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between one and three years of imprisonment:

a) In organized manner;

b) Causing serious consequences.

3. The offenders may also be banned from holding certain posts for one to five years.

Article 128.- Illegally forcing laborers, public employees to leave their jobs

Those who, for their own benefits or other personal motivation, illegally force laborers, public employees to leave their jobs, causing serious consequences shall be subject to warning, non-custodial reform for up to one year or a prison term of between three months and one year.

Article 129.- Infringement upon citizens rights to assembly, association, rights to freedom of belief, religion

1. Those who commit acts of obstructing citizens from exercising their rights to assembly and/or to association, which conform to the interests of the State and the people, rights to freedom of beliefs and religions, to follow or not to follow any religion, and who have been disciplined or administratively sanctioned for such acts but continue to commit violations shall be subject to warning, non-custodial reform for up to one year or a prison term of between three months and one year.

2. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 130.- Infringement upon women’s rights to equality

Those who use violence or commit serious acts to prevent women from participating in political, economic, scientific, cultural and social activities shall be subject to warning, non-custodial reform for up to one year or a prison term of between three months and one year.

Article 131.- Infringement upon copyright

1. Those who commit one of the following acts thus causing serious consequences or who have been administratively sanctioned for one of the acts stipulated in this Article or have been sentenced for such crime, not yet entitled to criminal record remission but repeat their violations, shall be subject to a fine of between two million and twenty million dong or non-custodial reform for up to two years:

a) Appropriating the copyright of literary, art, scientific, journalistic works, audio tapes or disc, video tapes or disc;

b) Wrongfully assuming authors names on literary, art, scientific or journalistic works, audio tapes or disc, video tapes or disc;

c) Illegally amending the contents of literary, art, scientific, journalistic works, programs on audio tapes or disc, video tapes or disc;

d) Illegally announcing or disseminating literary, art, scientific or journalistic works, programs on audio tapes or disc, video tapes or disc.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between six months and three years of imprisonment:

a) In an organized manner;

b) Committing the crime more than once;

c) Causing very serious or particularly serious consequences.

3. The offenders may also be subject to a fine of between ten million and one hundred million dong, to a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 132.- Infringement upon the rights to complain and/or denounce

1. Those who commit one of the following acts shall be subject to warning, non-custodial reform for up to one year or a prison term of between three months and three years:

a) Abusing positions and/or powers to obstruct the lodging of complaints and/or denunciations, the settlement of complaints and/or denunciations or the handling of those who are the subject of complaints or denunciations;

b) Having the responsibility but refusing to abide by the decision of the agencies competent to consider and settle complaints and denunciations, thus causing damage to the complainants and the denunciators.

2. Those who take revenge on the complainants and/or denunciators shall be subject to non-custodial reform for up to three years or a prison term of between six months and five years.

3. The offenders may also be banned from holding certain posts for one to five years.