LEGAL ENGLISH ON PUBLIC LAW
UNIT 4. CRIMINAL LAW
Warm-up. Answer the questions
Q.1. Do you think people can commit crimes for a good reason?
Q.2. What do you think is a fair punishment for different crimes?
I/ Introduction to criminal law – brief history and development
a. Introduction to criminal law
Criminal law is body of rules and statutes that defines conduct probihited by the government
because it threatens or harms public safety and welfare.
In VN, the power to make certain conduct criminal is vested in National Assembly.
b. Brief history and development
+ Since the establishment of the Democratic Republic of VN to its unification (1945-1975);
+ From Re-unification to the first Criminal Code (1975-1985);
+ Since the 1st Criminal Code to the 2nd Criminal Code (1985-1999);
+ Since the 2nd Criminal Code to the 3rd Criminal Code (1999-2015);
+ The current Criminal Code 2015.
II/ Definition of crime and elements of crimes
TASK. Assignment 1 – (Reading + Listening + Speaking)
a. What is crime?
TASK. Re-wrtie the sentences
b. Elements of crimes
+ Object
+ Subject
+ Physical elements
+ Mental elements
TASK. Give meaning of these words by legal English
III/ Penalties
A person will only be treated as guilty of an offence if he or she convicted by the court.
The convicted person can be subjected to a number of judicial mesures and will carry a criminal
record.
a. Purposes of penalties
Sentences are meant not only for punishing people and corporate legal entities that commit
criminal offences, but also raising awareness of compliance with law, preventing them from
committing other crimes, educating other people and corporate legal entities in compliance with
the law, prevention of and fight against crimes.
(Under the Criminal Code 2015, Article 31. Purposes of sentences.)
b. Types of penalties
Article 32. Sentences against criminals
+ Primary sentences
+ Additional sentences
+ The offender shall incur only one primary sentence for a crime committed and possibly one or
more additional sentences
Types of penalties:
 Principal penalties: Warning; Fine; Non-custodial reform; Expulsion; Termed imprisonment;
Life imprisonment; Death penalty;
 Additional penalties: Ban from holding certain posts, Ban from practicing certain occupations
or doing certain jobs; Ban from residence; Probation; Deprivation of certain citizen’s right;
Confiscation of property.
c. Principle of sentencing
TASK.
Assignment / Part 1 – Types of crimes
PRESENTATION (2)
IV/ Participation in crime: aiding and abetting; Accessories
Article 17. Complicity (Criminal Code)
Complicity is a situation in which two or more people deliberately commit the same crime.
Organized crime is a form of complicity in which the accomplices cooperate closely in committing
the crime.
An accomplice means an organizer, perpetrator, instigator, or abettor. Perpetrator means the
person who directly commits the crime. Organizer means the mastermind behind the commission
of the crime. Instigator means the person entice or encourage other people to commit the crime.
Helper means the person who provides spiritual or material assistance in the commission of the
crime.
The accomplice shall not take criminal responsibility for unjustified force used by the perpetrator.
TASK. Re-wrtie the sentences
V/ Defense in a crime case
Article 16. (Criminal Procedure Code)
Guarantee of right of defense for accused persons and protection of legal rights and benefits of
defendants and litigants.
A accused person is entitled to defend himself or be defended by a lawyer or another person.
Competent procedural authorities and persons are responsible for informing accused persons,
defendants and litigants of all of their rights of defense, legitimate rights and benefits according
to this Law. Moreover, competent procedural authorities and persons shall provide explanations
and guarantee the implementation of all of such rights and benefits.
VI/ Criminal procedure (Court proceedings, court etiquette)
TASK. Answer the question
What is Criminal procedure ?
TASK.
Assignment 2 / Part 2 – Criminal Procedure
VII/ Evidence in criminal cases
TASK.
Assignment 3 (Reading Comprehension)
VIII/ Basic principles of Vietnamese criminal law
(1) The principle on basis of penal liabilities
This principle has been a core one in many other Criminal Code from different countries. It
infers that only the one who violated the regulations of the Criminal Code will be brought into
account. On the other hand, a person who has did something bad only in the eyes of society
but his or her action had not been regulated by the Criminal Code, he or she shall not be
guilty.
(2) The principle on handling crime
This is to say that all the offenders are equal in the eyes of law, regardless of their nationality,
genders, belief, regions, social class status. At first, it seems to be a normal principle. However,
this principle has proved that Vietnam had gone completely through the time of inequality.
Some countries nowadays still apply the different handling way depend on the offender’s
gender or their social class status.
(3) The principle on munificent
In terms of Vietnam, munificent is widely recognized as a way to reduce penalties in particular
situations.
Another illustration that could be best provided is that the handling crime on people who
commit the minor crime for the first time. Those people would be considered not to be put
in prison. The aim of the penalty is only to show that their actions is against the law and they
must not commit it in the future.
(4) The principle on creating the environment for offenders to get back to the society after they
finished serving their sentences.
The offenders who has completely served the sentences will be given a chance to reintegrate
the society and find a suitable occupation. It is a vital issue because people who have criminal
convictions in their background would be very difficult to look for a job. Those people are
often looked down by others and it would likely to push them back intro criminal path.
Therefore, the authorities have to create them chances to get back to their normal life.
TASK.
- Distinguish words easily confused.
- VOCABULARY