Practice Relating to Rule 159. Amnesty
Section B. Prohibition on amnesty for war crimes
Viet Nam’s Criminal Code (2015), which includes war crimes, states:
Article 29. Basis for exemption from criminal responsibility
1. A criminal offender shall be exempt from criminal responsibility on one of the following bases:
b) A general amnesty is granted.
Article 62. Exemption from serving sentences
1. A convict shall be exempt from serving his/her sentence in the event of a parole or general amnesty.
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 157. Justifications of the decision not to press criminal charges
A criminal charge shall not be filed in the presence of one of these justifications:
6. General amnesty has been granted[.]