Professional Documents
Culture Documents
Presentation at Bangkok
Presentation at Bangkok
A Vietnam Perspective
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Presentation’s Milestones
Articles 29 44 29 22 18
(with Death
Penalty)
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Cautions:
All of my statistics and data were referred and cited from multi-sources. Please
make sure that it only supports on scientific researches, not any political and
religion attitudes.
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Statistical Data Death Penalty in Vietnam
from 1993 to 2016
Source: Be combined between journal article (Toan, Quoc Trinh 2012, The Death
Penalty in Criminal Law of Vietnam - Proposed Issues to Improve, Journal on
Democracy and Law, 4(241), pp.22-29) and authorised statistics
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Source: Rapin, A.-J. (2003). Ethnic Minorities, Drug Use and Harm in the
Highlands of Northern Vietnam: A Contextual Analysis of the Situation in Six
Communes from Son La, Lai Chau, and Lao Cai. Hanoi, Vietnam: Thegioi
Publishing, p.81
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Note: - Total number of the period 2001-2010: 1421 death penalty
- Excluding the data of 2003 and 2004
Source: Toan, Quoc Trinh 2012, The Death Penalty in Criminal Law of Vietnam -
Proposed Issues to Improve, Journal on Democracy and Law, 4(241), pp.22-29
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Principles to Apply the Death Penalty to
Drug-Related Crimes under Vietnam’s Perspectives
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Rule of Law
• Based on and International laws and its relation within Vietnam context
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Rule of Law
• Based on and International laws and its relation within Vietnam context
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Vietnam’s legislative regulations
– Penalties aim not only to punish offenders but also to rehabilitate them
into persons useful to society and having the sense of observing laws and
regulations of the socialist life, preventing them to commit other crimes.
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The Proportionality Principle
• In Vietnam, the humanity principle requires that the courts use the least
intrusive and least severe sanction if possible, given the circumstances of the
offence and the offender due to the final intended aims of the sentencing
system is to educate and help the convicted rehabilitated
– Secondly, when investigation, prosecution, and trial, if the judicial bodies have enough legal
testimonies to prove that applying penalties such as termed imprisonment and life
imprisonment cannot guarantee to educate and rehabilitate them into persons helpful to
society, they must be charged with the death penalty
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Classifying Penalties to Drug-Related Crimes
• A 20-year jail term for defendants guilty of trafficking from 100g to 300g of
heroin
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The Fairness Principles
• Not distinguish any kind, such as race, color, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status of the
convicted
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Future of the Death Penalty in Asia…
‘…The biggest issues have to do with when rather than whether capital
punishment will cease [due to] it is not an issue like air or water pollution in
which compliance with international norms carries significant costs for the
domestic economy. The pace toward ending the death penalty is slow more
because the incentives to cease execution are weak than because the costs of
abolition are high. [Thus,] Asia is the next important frontier for policy debate
and legal change with respect to capital punishment…(pp.xiii, 3, added
emphasizes).
Johnson, D. T., & Zimring, F. E. (2009). The Next Frontier: National Development,
Policy Change, and the Death Penalty in Asia. Oxford, the U.K.: Oxford Univesrity
Press.
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What we should do?
• In Vietnam:
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The Death Penalty for Drug-Related Crimes in Vietnam…
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… not now with drug-related crimes (I think so)
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