Chương I Bộ Luật hình sự 1999: Điều khoản cơ bản

GENERAL PART

Chapter I

FUNDAMENTAL PROVISIONS

Article 1.- The tasks of the Penal Code

The Penal Code has the tasks of protecting the socialist regime, the people’s mastership, equality among people of various nationalities, the interests of the State, the legitimate rights and interests of citizens and organizations, protecting the socialist law order, opposing all acts of criminal offense; at the same time educating people in the sense of law observance and struggle to prevent and combat crime.

In order to carry out such tasks, the Penal Code defines crimes and the penalties for offenders.

Article 2.- Basis of penal liabilities

Only those persons who have committed crimes defined by the Penal Code shall bear the penal liabilities therefor.

Article 3.- Handling principles

1. All acts of criminal offenses must be timely detected and handled in a prompt, just and enlightened manner in strict accordance with laws.

2. All offenders are equal before the law, regardless of their sex, nationality, beliefs, religion, social class and status.

To severely penalize conspirators, ringleaders, commanders, die-hard opposes, wrong-doers, hooligans, dangerous recidivists, those who have abused their positions and powers to commit crimes and those who have committed crimes with treacherous ploys, in an organized and professional manner, with intention to cause serious consequences.

To grant leniency to persons who make confessions, make honest declarations, denounce accomplices, redeem their faults with achievements, show repentance, voluntarily right themselves or make compensation for damage they have caused.

3. For first-time offenders of less serious crimes, who have shown their repentance, penalties lighter than imprisonment may be imposed, and they may be placed under the supervision and education of agencies, organizations or families.

4. For persons sentenced to imprisonment, they must be compelled to serve their sentences in detention camps, to labor and study so as to become persons useful to society; if they make marked progress, they shall be considered for commutation of their penalties.

5. Persons who have completely served their sentences shall be given conditions to work and live honestly, to integrate themselves into the community, and when they fully meet the conditions prescribed by law, their criminal records shall be wiped.

Article 4.- Responsibility to struggle for crime prevention and combat

1. The police, procuracy, court, judicial and inspection bodies and other concerned agencies shall fulfill their respective functions and tasks and at the same time guide and assist other State bodies, organizations and citizens in preventing and combating crime as well as in supervising and educating offenders at community level.

2. The agencies and organizations have a duty to educate people under their respective management in raising their vigilance, the sense of law protection and observance, and respect for the regulations of socialist life; to take timely measures to eliminate the causes of and conditions for committing crimes in their respective agencies and organizations.

3. All citizens have the obligation to actively participate in the struggle to prevent and combat crimes.