How is the crime of violating territorial security punished?
(Baonghean.vn) - What is the penalty for those who commit crimes against the territorial security of the Socialist Republic of Vietnam? How many years is the statute of limitations for criminal prosecution for this crime? - Mr. Nguyen Viet Dung, residing in Yen Thanh district, asked.
Reply:
Article 1 of the 2013 Constitution of the Socialist Republic of Vietnam affirms: “The Socialist Republic of Vietnam is an independent, sovereign, unified and territorially intact country, including its mainland, islands, seas and airspace.”
The Constitution of the Socialist Republic of Vietnam also affirms: "All acts against independence, sovereignty, unity and territorial integrity, against the cause of building and defending the Fatherland shall be severely punished."
Therefore, the Penal Code stipulates the crime of violating territorial security with very strict penalties, to deter and educate people not to commit this crime.
Specifically, Article 111 of the 2015 Penal Code, amended and supplemented in 2017, stipulates the crime of violating territorial security as follows:
"Anyone who invades the territory, commits acts that distort the national border or commits other acts that harm the territorial security of the Socialist Republic of Vietnam shall be punished as follows:
1. Organizers, active participants or those who cause serious consequences shall be sentenced to imprisonment from 12 to 20 years or life imprisonment;
2. Other accomplices shall be sentenced to imprisonment from 05 years to 15 years;
3. A person who prepares to commit this crime shall be sentenced to imprisonment from 01 year to 05 years".
Pursuant to Clause 1, Article 28 of the 2015 Penal Code, amended and supplemented in 2017: The statute of limitations for criminal prosecution prescribed in Article 27 of this Code does not apply to the following crimes:
1. Crimes against national security prescribed in Chapter XIII of this Code;
2. Crimes of undermining peace, crimes against humanity and war crimes specified in Chapter XXVI of this Code;
3. The crime of embezzlement of property falls under the provisions of Clause 3 and Clause 4, Article 353 of this Code; the crime of bribery falls under the provisions of Clause 3 and Clause 4, Article 354 of this Code.
Accordingly, the statute of limitations for criminal prosecution does not apply to crimes against territorial security.
