Nghị quyết 144/2016/QH13 về lùi hiệu lực thi hành của Bộ luật Hình sự 100/2015/QH13, Bộ luật tố tụng hình sự 101/2015/QH13; Luật Tổ chức cơ quan điều tra hình sự 99/2015/QH13; Luật Thi hành tạm giữ, tạm giam 94/2015/QH13 và bổ sung dự án Bộ luật hình sự 100/2015/QH13 sửa đổi vào chương trình xây dựng luật, pháp lệnh năm 2016

RESOLUTION

ON STAY OF THE EFFECTIVE DATE OF PENAL CODE NO. 100/2015/QH13, CRIMINAL PROCEDURE CODE NO. 101/2015/QH13, LAW NO. 99/2015/QH13 ON ORGANIZATION OF CRIMINAL INVESTIGATION BODIES, LAW NO. 94/2015/QH13 ON CUSTODY AND TEMPORARY DETENTION, AND ADDITION OF THE DRAFT LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF PENAL CODE NO. 100/2015/QH13 TO THE 2016 LAW- AND ORDINANCE-MAKING PROGRAM

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

After considering Proposal No. 1152/TTr-UBTVQH 13 of June 27, 2016 of the National Assembly Standing Committee;

RESOLVES:

Article 1.

1. To add the draft Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13 to the 2016 law- and ordinance-making program and submit it to the XIV^th National Assembly at its 2^nd session.

2. To stay the effective date of Penal Code No. 100/2015/QH13, Criminal Procedure Code No. 101/2015/QH13, Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies, and Law No. 94/2015/QH13 on Custody and Temporary Detention from July 1, 2016, to the date the Law Amending and Supplementing a Number of Articles of Penal Code No. 100.2015/QH13 takes effect, except Points a and b, Clause 4 of this Article.

3. To continue to apply Penal Code No. 15/1999/QH10 (which was amended and supplemented under Law No. 37/2009/QH12), Criminal Procedure Code No. 19/2003 QH11, Ordinance No. 23/2004/PL-UBTVQH11 on Organization of Criminal Investigation (which was amended and supplemented under Ordinance No. 30/2006/PL-UBTVQH11 and Ordinance No. 09/2009/PL-UBTVQH12), the Government’s Decree No. 89/1998/ND-CP. promulgating the Regulation on custody and temporary detention (which was amended and supplemented under the Government’s Decree No. 98/2002/ND-CP and Decree No. 09/2011/ND-CP) until the effective date of the Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13.

4. From July 1, 2016:

a/ To implement the provisions favorable to offenders in Clause 3, Article 7 of Penal Code No. 100/2015/QH13. and at Point b, Clause l, Article 1 of Resolution No. 109/2015/QH13, on implementation of the Penal Code; and to continue to apply Clause 2, Article 1 and other provisions favorable to offenders in Resolution No. 109/2015/QH13;

b/ To apply the provisions of Criminal Procedure Code No. 101/2015/QH13 to implement the provisions favorable to offenders under Penal Code No. 100/2015/QH13, and Resolution No. 109/2015/QH13 at Point a of this Clause;

c/ Other provisions of Resolution No. 109/2015/QH13 on implementation of the Penal Code and of Resolution No. 110/2015/QH13 on implementation of the Criminal Procedure Code, which specify the effective date of July 1, 2016, shall be stayed until the date the Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13 takes effect.”

Article 2.

1. To assign the Supreme People’s Court to guide the implementation of Points a and b, Clause 4, Article 1 of this Resolution.

2. The National Assembly Standing Committee, Government, Supreme People’s Court, and Supreme People’s Procuracy shall, within the scope of their functions, tasks and powers, implement this Resolution.

Article 3.

This Resolution takes effect on June 30, 2016.

This Resolution was adopted on June 29, 2016, by the XIII^th National Assembly of the Socialist Republic of Vietnam.-