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Laos


  Home > Laos


Amendments Made To Draft Law On Criminal Code


At the 3rd Ordinary Session of the National Assembly (Vientiane, May 17, 2017)

 


 May 19th, 2017  |  09:36 AM  |   2168 views

VIETIANE

 

 

(KPL) Lawmakers at their ongoing 3rd Ordinary Session on Tuesday debated and considered amendments to the Draft Law on Criminal Code.

 

The amended draft was presented at the meeting by Minister of Justice Xaysy Santivong.

 

The amendments to this law aim to complete it and make it more comprehensive and clear, and in harmony with current socio-economic development and the Party-state’s policies on the execution of penalties for criminal offenders to ensure state and social administration are in order.

 

“The Draft Law on Criminal Code was proposed on 2nd Ordinary Session of the National Assembly last year, of which almost 20 articles have been amended according to the lawmakers’ proposals and comments. On January 27 this year, the Law Committee of the National Assembly in cooperation with the Ministry of Justice, relevant ministries and central body levels discussed some problems in the Law on Draft Criminal Code that National Assembly members were concerned about and paid close attention to the issue of race genocide stated in article 208, terrorism in article 118, disappearance by coercion, execution of military punishment and the setting of the duration of penalty terms,” said Mr Xaysy.

 

The Criminal Code comprises 416 articles, which was decreased from 420 articles due to the law committee cutting out four articles, including article 212 on disappearance by coercion, an article on actions against friendly countries, an article on habitually offensive performance and article on penalisation for offenders. 

 

Over the two-day debate, lawmakers brainstormed and considered each article in the Draft Law on Criminal Code, especially those pertinent to negative social phenomena such as gambling, narcotic drugs, illegal motorcycle drag racing, discrimination against people with disabilities and the death penalty.

 

One more year may be needed to complete the civil code

 

Another year may be needed for the further development of Laos’ civil code while the drafting sub-committee makes a concerted effort to reach their target.

 

National Assembly (NA) President PanyYathotou yesterday summarised the Assembly’s debate on the draft of the civil code, which she noted lasted one and a half days.

 

The Ministry of Justice introduced the draft to sound out the general opinions of Assembly members which would then be referenced in further development of the draft by an appointed sub-committee.

 

“Late this year will not be a feasible deadline for this draft to be approved by the Assembly,” Ms Pany said.

 

According to Ms Pany, 39 members who had spoken out in support of the draft still wanted many parts to be improved.

 

She said she agreed with the structure of the draft but wanted it to be more logical and in compliance with existing promulgated laws.

 

She stressed that the code needed to be enforceable and the stipulations it contained needed to be a legal tool that would help solve various current disputes.

 

The draft has 615 articles with most of the content derived from existing laws and decrees. Any general provisions in the draft have been brought to the attention of NA members including the policy on civil code, basic principles on civil relations, and respect for and implementation of laws and good traditions.

 

Ms Pany said she wanted, for example, customs and traditions to be defined so the law could easily enforce the customs and traditions to be followed.

 

In an attempt to clarify what she meant, Ms Pany said “A tradition is an action that has been repeated multiple times over a long period of time and is acknowledged by the general public,” adding, “Clear definitions should be given to these things so they can be used appropriately.”

 

Ms Pany also recommended improvements for the drafting process, including the holding of a seminar for NA members and members of provincial councils to review the draft as well as sounding out public opinions through various channels nationwide.

 

These would include mass media, government agencies and the Lao National Chamber of Commerce and Industry, with representatives from various professions in attendance.

 

Ms Pany noted that consideration of the draft should not be hurried and said the priority should be to ensure that a better, more solid document was created.

 

“Any law approved by the National Assembly must also ensure public confidence,” she said.

 


 

Source:
courtesy of KPL NEWS AGENCY

by Manythone Keolangsy

 

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