TAILIEUCHUNG - About the provision of criminal liability exemprion in the 1999 criminal law code of Vietnam
In order to improve the efficiency of the fight against crime and for the sake of fair and correct treatm ent policy, our lawmakers together with classifying types of crimes has divided the criminal law into different criminal cases and different criminal offences. Notably, the division of offences and types of criminals has reflected through a fact that not all crimes and offenders have to face criminal liability. | S/NU. JOURNAL OF SCIENCE, ECONOMICS-LAW, N01E, 2004 ABOUT THE PRO VISIO N OF CRIMINAL LIABILITY EXEM PTION IN THE 1999 CRIMINAL LAW CODE OF VIETNAM Trinh Tien V iet(,) In order to improve the efficiency of the fight against crime and for the sake of fair and correct tre a tm e n t policy, our lawmakers together with classifying types of crimes has divided th e criminal law into different criminal cases a n d different criminal offences. Notably, the division of offences and types of criminals has reflected through a fact th a t not all crimes and offenders have to face criminal liability. from criminal liability are sporadically stipulated in articles and chapters in the General p a rt and The crime parts, Criminal Liability. This, obviously, is scientifically incorrect and unqualified in terms of legislative techniques, Moreover, the application of Criminal law to trial and reality shows th a t quite a lot of inadequate regulations of exemption from criminal liability remain. Especially, there are many cases in which the provision could have been applied b ut unfortunately, it has not been stipulated in the criminal Code. Therefore, it is significant th a t the existing legal regulations of exemption from criminal liability should be further and fully studied for the sake of scientific clarity. Accordingly, proposals are expected to be given for the b etter norms of the provision, which is in match with theoretical-practical and social- Rather, an offender shall be exempted from criminal liability under exclusive privileged conditions and legal foundations. Exemption from criminal liability was not acknowledged in the V ietnam Criminal Law as an independent provision but it was realized and applied in reality and legal documents under such different nam es as “criminal liability exemption”, “absolution”, “defendant acquittal”, etc. legal reality. It was in the Criminal Code of 1985 th a t the provision of criminal liability exemption was officially recognized
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