Norma relacionada
Viet Nam
Practice Relating to Rule 135. Children
Section D. Death penalty on children
Viet Nam’s Penal Code (1999) provides that the death penalty “shall not apply to juvenile offenders … at the time of committing crimes or being tried”.
Viet Nam, Penal Code, 1999, § 35.
Viet Nam’s Criminal Code (2015), which includes war crimes, states:
Article 40. Death sentence
1. [The d]eath sentence is a special sentence imposed upon people committing extremely serious crimes that infringe national security, human life, drug-related crimes, corruption-related crimes, and some other extremely serious crimes defined by this Code.
2. [The death sentence] shall not be imposed upon juvenile offenders, women who are pregnant or raising children under 36 months of age, and people [who were] 75 years of age or older when they commit[ted] the crime or [at the time of] trial.
…
4. In the cases specified in Clause 3 of this Article or [if] the death sentence is commuted, the death sentence shall be replaced with life imprisonment.
…
Article 101. Determinate imprisonment
…
2. If the punishment for a crime is life imprisonment or [the] death sentence as prescribed by law, the heaviest sentence imposed upon an offender aged from 14 to under 16 shall not exceed 12 years[.]
Viet Nam, Criminal Code, 2015, Article 40(1)–(3)(a) and (4) and 101(2).
