Feedbacks for amending 2015 penal code

The conference played a role in the drafting of the penal code which is to be soon submitted to the National Assembly.

Opinions were given regarding regulations on smuggling banned items such as firecrackers and cigarettes. In 2016, the smuggling of these items soared, but there were few prosecutions.

“We think we should apply the former regulation to make things easier for agencies in charge of criminal procedures. Some new regulations are hard to comply with when it comes to processing smuggling, especially ones related to cigarettes”, the Chief Judge of Quang Ninh provincial people's court Hoang Van Tien said.

Food safety violations drew the most discussion. According to current regulations, the authority can process food safety violations cases as criminal cases only when there are clear consequences. But in fact, the consequences on consumer health become obvious years later so there is no ground for prosecution now. Most delegates at the conference agreed that the regulation should be stricter for this case.

“Food sellers are aware of banned substances in food. But some still breach the law, and they deserve to be treated as criminal. Cases with clear consequences can apply a more specific process based on the seriousness of the consequences”, the Chief Judge of Bac Ninh provincial people's court Pham Minh Tuyen said.

It is also widely suggested that the identification of food safety violations is based on official documents of the Ministry of Agriculture and Rural Development and the Ministry of Health. Authorities need to point out the details of the violation to regard it as criminal case.