Death penalty cannot be abolished when corruption is still rampant

Many lawyers believe that in the current conditions of our country, corruption is still a pressing issue, so it is not possible to abolish the death penalty for this type of crime.

With the humane viewpoint in the current policy of handling criminals of our State along with the civilized trend of the world, it is necessary to continue to study and reduce the provisions on applying the death penalty and limit the possibility of applying the death penalty. Therefore, one of the important points in the draft Penal Code (amended) that has received much attention from public opinion is the regulation on abolishing the death penalty for some crimes. Regarding the death penalty for corruption crimes, there are still many conflicting opinions.

Agreeing with the abolition of the death penalty for corruption crimes, many opinions say that this is a regulation that contributes to the implementation of the humanitarian policy in the spirit of Resolution 49 of the Politburo and is also in line with the world trend. In addition, the main purpose of this regulation is to give people sentenced to death a last chance to live, but they must make efforts and take specific actions to overcome the consequences caused by their crimes. In addition, this regulation not only allows people sentenced to death to have the opportunity to keep their lives but also helps authorities recover assets that have been appropriated, lost, or wasted (this is a burning issue today).

Doctor of Law Do Duc Hong Ha - Director of the Judicial Academy, said that it is not true that many death sentences will reduce crime, but that there must be many other measures: "In my opinion, there are several reasons, which are in the spirit of judicial reform, in addition, the Constitution also recognizes human rights. Another important thing is that the recovery of corrupt assets after conviction is very little. I think that we should focus on recovering and recovering corrupt assets, giving criminals the opportunity to return the embezzled money, because after the death penalty, it is difficult to recover assets."

However, many experts believe that with the current complicated and serious corruption situation, it is necessary to strengthen the fight against corruption and strictly handle corrupt acts. Therefore, the revised Penal Code needs to actively contribute to this fight. In that context, raising the issue of eliminating the death penalty for this type of crime is inappropriate, leading to the understanding that the law is lenient with corrupt officials.

According to Lawyer Le Dang Tung - Hanoi Bar Association, corruption not only causes loss of state and people's money but also disrupts all social values ​​and disrupts order in state agencies. With such serious consequences caused by this act, it is necessary to apply the death penalty.

“In my opinion, the death penalty for corruption cannot be abolished. Because fighting corruption in our country is still a pressing issue, in recent years there have been many large corruption cases, involving thousands of billions of dong. The purpose of punishment lies in the content of the crime, so under current conditions it cannot be abolished,” said Lawyer Le Dang Tung.

Mr. Tran Cong Phan, Deputy Chief Justice of the Supreme People's Procuracy (Photo: Ngoc Thanh)

Public opinion is concerned that if the consequences are overcome and the death penalty can be avoided by paying the fine, it will be a lifeline for the criminals. Corrupt criminals will use the money they have gained from corruption to pay the fine. Regarding this issue, Mr. Tran Cong Phan, Deputy Chief Justice of the Supreme People's Procuracy, said that recovering corrupt assets and punishing corrupt criminals are two different issues and are equally important.

“In my opinion, in the current conditions in our country, I think it is not possible to abolish the death penalty. Sometimes the death penalty is also a humane form for criminals. I think that recovering assets due to corruption and punishing corrupt criminals are two different issues, not the same. Obviously, when the people's and the state's assets are lost, we must find every way to recover them, and corrupt people must be punished. In the law, the purpose of punishment is not to punish but also to educate and reform criminals,” Mr. Phan analyzed.

The draft revised Penal Code has been widely consulted by the people and experts, and is considered an important draft Code, affecting the regulation of social relationships arising in all areas of life. Therefore, the comments will be studied and considered by the authorities to perfect this Code./.

According to vov.vn