LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

________________

 

 

President’s Office                                                                                             No.04/PO

9 January 1990

                                                                                   

 

DECREE

 of the

PRESIDENT

of the

LAO PEOPLE’S DEMOCRATIC REPUBLIC

 

On the Promulgation of the Penal Law

 

                Pursuant to the resolution dated 2 December 1975 of the people’s representatives of the country on the appointment of the President;

 

                Pursuant to the Law No. 4/SPA dated 19 April 1988 on the Supreme People’s Assembly of the Lao People’s Democratic Republic; [and]

 

                Pursuant to [the letter] No. 29/SPA, dated 23 December 1989, of the fourth session of second Supreme People’s Assembly on the adoption of the Penal Law.

 

The President of the Lao People’s Democratic Republic

 Decrees That:

 

Article 1.               The Penal Law is hereby promulgated.

 

Article 2.               This decree shall enter into force on the date it is signed.

 

 

Vientiane, 9 January 1990

 

President of the Lao People’s Democratic Republic

 

                                                                                [Seal and Signature]

 

                                                                                Phoumy VONGVICHIT


 


LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

________________

 

 

National Assembly

                                                                                                                                                        23 November 1989

 

PENAL LAW

 

GENERAL PART

 

Chapter 1

General Principles

 

Article 1.               Role of the Penal Law

 

The role of the Penal Law is to safeguard the political, economic and social system of the Lao People's Democratic Republic, the property of the State, collectives and individuals, the life, health, rights and freedom of the people, and the national security and public order; to counter and prevent offences; and to educate all citizens to respect the laws.[1]

 

In order to implement this role, this law defines certain acts as offences[2] and subjects the perpetrator to penalties.

 

Article 2.               Basis of Penal Responsibilities

 

An individual can only be charged with and punished for an offence based on intentional or negligent acts deemed dangerous for society as defined in this law and [can be punished] only when a decision is rendered by a court.

 

Chapter 2

Territorial Scope of Penal Law

 

Article 3.               Application of Penal Law within the Territory of the Lao People's Democratic Republic

 

This law is binding in the territory of the Lao People's Democratic Republic. An individual who commits an offence within the territory of the Lao People's Democratic Republic may be charged and punished in accordance with the Penal Law of the Lao People's Democratic Republic.

 

In the event that diplomatic representatives or individuals benefiting from the diplomatic immunity conferred by international conventions commit offences in the territory of the Lao People's Democratic Republic, these cases shall be solved through diplomatic channels.

 

Article 4.               Application of Penal Law outside the Territory of the Lao People's Democratic Republic

Lao citizens who commit offences outside the territory of the Lao People's Democratic Republic shall be charged with and punished for such offences if they are defined [as offences under] the Penal Law of the Lao People's Democratic Republic.

 

Aliens and apatrids residing in the Lao People's Democratic Republic[3] who commit offences outside the territory of the Lao People's Democratic Republic shall also be charged and punished.

 

Foreign individuals who commit offences outside the territory of the Lao People's Democratic Republic shall be charged and punished as provided in the Penal Law of the Lao People's Democratic Republic if such a case is provided for in international conventions.

 

Article 5.               [Period of Effectiveness of] the Penal Law

 

                                This law enters into force on the day it is promulgated.

 

Any new law calling for lighter penalties or eliminating any offence provided in former laws shall take retroactive effect.

 

New laws stipulating new offences or calling for heavier punishment than that provided in an earlier law shall not take retroactive effect.

 

Chapter 2

Offences and Offenders

 

Article 6.               Definition of Offence

 

All acts and abstentions deemed dangerous to the political, economic or social system of the Lao People's Democratic Republic, to the property of the State, collectives or individuals, to the lives, health, rights or freedom of the people, or to national security or public order as provided in the Penal Law shall be considered offences.

 

All acts or abstentions with all the components of offences but resulting in minor social damage shall not be considered offences.

 

Article 7 (New). Categories of Offences

 

Offences are divided into three categories:

 

                        ·      “Minor offences”[4] are offences punished under the law by public criticism;

        ·      “Major offences”[5] are offences punished under the law by re-education without deprivation of liberty, fines, and imprisonment from three months to ten years; [and]

        ·      “Crimes”[6] are offences punished under the law by imprisonment from five years up to the death penalty.

 

Article 8.               Intentional Offences

 

Intentional offences are voluntary acts or abstentions of the offender, which are undertaken with full knowledge of their dangerous nature for society and their consequences.[7]

 

Article 9.               Negligent Offences

 

Negligent offences are acts or abstentions of the offender undertaken carelessly with full knowledge that such acts or abstentions might be dangerous for society, and where the consequence is expected and possible to anticipate, although the offender [himself] does not believe or expect that such consequence would take place.[8]

 

Article 10.            Offences Pertaining to Several Categories

 

An offence pertaining to several categories refers to an act or several acts of infraction committed by an individual, [where such act or acts are] classifiable under two or more categories,[9] transgress several articles of the Penal Law, and with respect to which a decision shall be rendered at the same time and in the same court.

 

Article 11.            Recidivism

 

Recidivism refers to an intentional offence committed by an individual while he[10] is still serving his sentence for a previous intentional offence, or an intentional offence committed by an individual within a period of five years after serving a sentence for the same or a similar intentional offence.

 

Article 12.            Preparation to Commit Offences

 

“Preparation to commit an offence”[11] refers to the preparation of materials, conditions or other factors in order to commit an intentional offence.

 

Such preparation to commit an offence shall only be charged or punished if deemed dangerous for society, as provided in the specific part of this law. [12]

 

Preparation to commit offences shall be punished according to the articles prescribing penalties for the offence itself.

 

Article 13.            Attempts to Commit Offences

 

 “Attempt to commit an offence”[13] refers to the taking of intentional acts which are components of an offence but where the offence was not completed because of circumstances outside the control of the offender making such acts not successful.

 

Such attempts to commit an offence shall only be charged or punished if deemed dangerous for society, as provided in the specific part of this law.[14]

 

Attempts to commit an offence shall be punished according to the articles prescribing penalties for the offence itself.

 

Article 14.            Voluntary Abandonment of Offences

 

Any individual who voluntarily abandons the completion of an offence during its preparation or attempt shall not be charged or punished, unless [any act of preparation or attempt which he has taken] is itself a [separate] offence as provided in this law.

 

Article 15.            Definition of Offender

 

                An offender is an individual who has committed any acts or abstentions that cause danger to society and [where such acts or abstentions] satisfy all the components of an offence as provided in this Penal Law.

 

Article 16.            Participation in an Offence

 

“Participation in an offence”[15] refers to intentional participation in an offence by two or more persons.

 

Participants in an offence are authors, implementers, inciters and accomplices.

 

1.        The author is the one who has planned, organised or given instructions to commit the offence;

2.        The implementer is the one who has directly committed the offence;

3.        Inciters are persons persuading others to commit offences; [and]

4.        Accomplices are persons who have given assistance in the offence, or who have previously agreed to hide the offender, to hide instruments and tools of the offence, to efface traces of the offence or to conceal any proceeds from the offence.

 

Chapter 4

Exemption from Charge and Punishment

 

Article 17.            Minors

 

Individuals who have not reached the age of fifteen at the time an offence is committed shall not be charged or punished, but the court has to apply the measures provided in Article 48 of this law.

 

Article 18.            Insanity

 

Individuals committing offences in a state of unconsciousness or of insanity, who are incapable of recognising the consequences of their acts, shall not be charged or punished. Towards such individuals, the court might render a decision to undergo medical treatment as provided in this Penal Law.

 

Individuals committing offences in a drunken state or under the influence of narcotics shall not be exempted in any way from charge or punishment.

 

Article 19.            Force and Threat

 

Any individual committing an offence under force or threat in circumstances where such force or threat could not have been avoided shall not be charged or punished.

 

In the event that such offence is a crime, [the] force or threat shall only constitute extenuating circumstances regarding punishment.

 

Article 20.            Legitimate Defence

 

Acts of “legitimate defence”[16] refers to acts taken by an individual to safeguard the interests of the State or society, [or to safeguard] his own or another individual's life, health, [or] legitimate rights and interests against acts of aggression dangerous for the society; but such acts of aggression must be truly existing and dangerous, and the acts of legitimate defence must be contemporaneous with and proportionate to the acts of aggression.

 

Acts of legitimate defence are not considered offences.

 

Article 21.            State of Necessity

 

[An act taken in a] “state of necessity”[17] refers to an individual’s act which is necessary to avoid threats against the interests of the State or society, [or against] his own or another individual's life, health, [or] legitimate rights and interests, where such threats cannot be avoided by other methods and are not created by such individual, and where the damage caused by such act is less than the damage that would have resulted from the threat.

 

Acts taken in a state of necessity are not considered offences.

 

Article 22 (New). Offences against which Complaints Must be Lodged by the Damaged Parties

 

No criminal proceedings may be brought [against] offences that are not dangerous for society and [against which] the damaged party does not lodge any complaint, including the following matters: physical violence between close relatives without serious injury or physical disability; libel, slander, insult, and outrage to the body or the reputation of the dead; infraction of property rights of close relatives; and violation of domicile and privacy.[18]

 

The withdrawal of a complaint lodged by the damaged party shall terminate such criminal proceedings.

 

Article 23.            Death of the Offender

 

Criminal proceedings shall be terminated by the death of the offender whether before or after complaints are lodged.

 

Article 24.            Effectiveness of Prosecution

 

Prosecutions shall not be considered effective unless filed within:

 

        ·      One year, in the case of minor offences;

        ·      Seven years, in the case of major offences;

        ·      Fifteen years, in the case of crimes.

 

The [filing period for] effectiveness of a prosecution starts from the day the offence is committed. In the event a second offence is committed while legal proceedings are pending in respect of an earlier offence, the [filing period for] effectiveness of the [first] prosecution shall [re-start] from the day the later offence is committed. In the event of evasion of court proceedings, [the filing period for] effectiveness shall start from the day the offender presents himself or is arrested.

 

Chapter 5

Penalties

 

Article 25.            Purposes of Penalties

 

Penalties do not only aim to punish offenders, but also to re-educate punished individuals to bear a pure spirit towards work, to comply correctly and strictly with the laws, to respect the discipline of social life, and to avoid recidivism on the part of the punished offender and other individuals.

 

Punishment does not aim to generate physical suffering or to outrage human dignity.

 

Article 26.            Categories of Punishment

 

a /. Principal penalties

 

1.        Public criticism;

2.        Re-education without deprivation of liberty;

3.        Deprivation of liberty;

4.        Death penalty.

 

b /. Additional penalties

 

1.        Fines (in certain circumstances, it might become a principal penalty);

2.        Confiscation of items [connected to the offence];

3.        Confiscation of property;

4.        Deprivation of election rights;

5.        House arrest.

 

The confiscation of property and house arrest shall be inflicted on the offender only when such penalty is provided in the specific part of this Penal Law.

 

[In addition to] the principal and additional penalties, the court can request relevant authorities to withdraw driving licenses or other permits, to relieve the offender from [performing] or forbid [the offender] to perform a function or duty, to withdraw orders, medals or titles, and to deport the offender.

 

Article 27.            Public Criticism

 

Public criticism refers to the criticising of the offender in court. In necessary cases, the court's decision might be published in a newspaper or by other methods.

 

Article 28 (New). Re-education without Deprivation of Liberty

 

Re-education without deprivation of liberty is a punishment inflicted upon the offender at his place of work or at other locations, [and pursuant to which] five to twenty per cent of his total salary is remitted to the State in accordance with the court's decision.

 

A penalty of re-education without deprivation of liberty must not exceed one year.

 

Article 29.            Deprivation of Liberty

 

Deprivation of liberty may be imposed for three months to twenty years or life imprisonment.

 

Life imprisonment may not be imposed on offenders who are less than eighteen years old and on women in a state of pregnancy when the offence is committed.

 

Article 30.            Death Penalty

 

The death penalty is the specific punishment to be imposed on offenders in especially serious cases as stated in the specific part of this law.

 

The death penalty is carried out by shooting.

 

It is forbidden to inflict a death sentence on offenders who are less than eighteen years old at the time of the offence, and on women who are in a state of pregnancy at the time the offence is committed, when the court makes its decision, or when the sentence is imposed.

 

Article 31.            Fines

 

Fines are financial penalties determined by the court according to the cases[19] and within the limits as stated by this Penal Law.

 

The fine must be computed in accordance with the gravity of the offence on the basis of the offender's economic status. In the event that the offender does not have the capacity to pay the fine, the court may commute such fine into the penalty of re-education without deprivation of liberty.

 

It is forbidden to commute a fine into deprivation of liberty and vice versa.

 

Article 32.            Confiscation of Property and [Connected Items]

 

“Confiscation of property”[20] refers to the confiscation by the State of part or all of an offender’s property without any compensation.

 

A sentence of confiscation of property may only be imposed in serious cases as stated in the specific part of this law.

 

In the event that the confiscation of all of the offender’s property is imposed, exception must be made for property necessary for the livelihood of the offender and his family according to the list attached to this law. In the event that partial confiscation of property is imposed, the court must set up a clear list of the property to be confiscated.

 

“Confiscation of items [connected to the offence]” refers to [the confiscation] by the State of items that were used in the offence or in the preparation for the offence, or that were obtained from an intentional offence. Items belonging to other individuals used in the offence shall be confiscated by the State if the owner lending them is not in good faith or if confiscation is deemed necessary for national security.

 

Items belonging to the State or collectives shall not be confiscated but shall be returned to the relevant authorities.

 

Article 33.            Suspension of Right to Vote and to Be Elected

 

Suspension of the right to vote and to be elected is inflicted on offenders committing crimes.

 

[Where the offender has also been sentenced to deprivation of liberty,] the penalty of suspension of the right to vote and to be elected must not exceed five years from the day after he has finished serving his sentence.

 

Article 34.            House Arrest

 

House arrest forbids the sentenced offender from leaving a place of residence or from entering other territories as assigned or forbidden by a decision of the court.

 

[Where the offender has also been sentenced to deprivation of liberty,] house arrest must not exceed five years from the day after he has finished serving his sentence.

 

The sentence of house arrest may not be imposed on offenders who are less than eighteen years old and on women in the state of pregnancy or women in charge of small children who are less than eight years old at the time the offence is committed.

 

House arrest is defined in the specific part of this law.

 

Chapter 6

Prescription of Penalties

 

Article 35.            General Regulations on the Prescription of Penalties

 

The court prescribes penalties on the basis of legal provisions on the punishment of offences. In prescribing penalties, the court must consider the nature and degree of the social threat posed by the offence, the personality of the offender, and circumstances conducive to the reduction or the increase of penal responsibilities.

 

Article 36.            Circumstances Conducive to the Reduction of Penal Responsibilities

 

Circumstances conducive to the reduction of penal responsibilities are:

 

1.        An offender is less than eighteen years old;

2.        A female offender’s state of pregnancy;

3.        A legitimate defence;

4.        An offence committed under the strong emotional shock generated by an illegal act of the victim;

5.        An offence committed under force or threat;

6.        An offender acts to prevent damage from being caused by his offence or compensates for the damage voluntarily and in good faith;

7.        An offence committed because of the offender's own or of his family's seriously difficult situation;

8.        An offender expresses remorse and surrenders to officials, and acknowledges and reveals offences committed by himself and others;

9.        A first offence, if it does not cause serious danger to society; [and]

10.     An offender has shown merit towards the nation.

 

In the prescription of penalties, the court might take into consideration other factors not provided in this Article but [which would commonly be considered relevant] to reduce penal responsibilities.

 

Article 37.            Circumstances Conducive to the Increase of Penal Responsibilities

 

Circumstances conducive to the increase of penal responsibilities are

 

1.        Recidivism;

2.        Offences committed by organised groups;

3.        Offences committed from greed;

4.        Offences towards minors, aged persons, vulnerable persons, or persons materially or in other ways dependent on or under the charge of the offender;

5.        Initiation of minors into committing or participating in offences;

6.        Barbarous or outrageous acts of infraction towards the victim;

7.        Offences with serious consequences;

8.        Offences committed during calamities;

9.        Offences committed through methods dangerous to the public;

10.     Offences committed in a state of drunkenness or drug abuse, and based on the nature of the committed offences, the court has the absolute right to decide whether or not to increase the penal responsibilities;

11.     Intentional imposition of guilt on honest persons; [and]

12.     Offenders guilty of concealing other offences or using violence to escape.

 

 

Article 38.            Prescription of Penalties for the Preparation of and Attempts [to Commit] Offences

 

Prescription of penalties for the preparation of and attempts [to commit] offences must take into consideration their nature and degree of social threat, the degree of implementation of the offender's ill intentions, and the causes of such unsuccessful offences. The court may sentence lighter penalties than those legally prescribed.

 

Article 39.            Prescription of Penalties for Accomplices to and Inciters of Offences

 

Prescription of penalties for complicity in and incitement of offences must be considered on an equal basis as other forms of participation in such offences, but, taking into consideration the nature and degree of the complicity and incitement, the court may sentence lighter penalties than those prescribed.

 

Article 40.            Prescription of Penalties for Offences Pertaining to Several Categories

 

Where the same act [or set of acts] constitutes an offence pertaining to several categories,[21]  the prescription of penalties must be made on the basis of the legal provision providing for the heaviest punishment.

 

The prescription of a [total] penalty for several offences pertaining to several articles [in this law] must be made by adding the penalties for each separate offence, but the final result must not exceed the highest penalty that could have been imposed for the most serious offence among such offences.

 

Additional penalties may be added to the principal penalties in the event that such additional penalty is provided for in the specific part of this law.

 

In the event that a court decision has been issued and become final, or the offender has served the sentence in whole or in part, but it is determined that additional offences had previously been committed by the offender, the prescription of penalties must be made according to the above mentioned procedures.

 

In the event that the offender commits an offence after a court decision has been issued and become final or while he is serving his sentence, the court may add the remaining part of the penalty which is still due to be executed in whole or in part to the newly sentenced penalty.

 

Fines must be executed one by one, and are not subject to the above-mentioned procedures for adding and consolidating penalties.

 

Article 41.            Prescription of Penalties on Recidivism

 

An offender guilty of recidivism in major offences shall be punished by adding half of the maximum penalty prescribed for major offences under this law to the penalty sentenced by the court for the current offence.

 

Recidivism in crimes is conducive to an increase of penal responsibilities as stated in Article 37 of this law.

 

Article 42.            Stay of Execution of Penalty

 

The “stay of execution”[22] of deprivation of liberty, re-education without deprivation of liberty or fines as the principal penalty, refers to the suspension of the execution of such penalties for a period of five years. If during such period, the offender is not convicted of any other intentional offence, the penalty shall be lifted. But in the event of a second intentional offence, if the offender is sentenced to be deprived of liberty and such a sentence is final, the offender must execute the new penalty in addition to the one which has been suspended.

 

The suspension of the execution of a penalty can be in whole or in part. Recidivists, those offenders sentenced to three years of deprivation of liberty or more, or those sentenced for crimes cannot benefit from a stay of execution of penalties.

 

Article 43.            Inclusion of Preventive Custody in the Execution of the Penalty

 

The total duration of preventive custody must be included [when] calculating the sanctions of deprivation of liberty or of re-education without deprivation of liberty. One day of preventive custody is equal to one day of deprivation of liberty or three days of re-education without deprivation of liberty.

 

Article 44.            Exemption of Penalties by Sending Offenders to Administrative Authorities or Social Organisations for Re-education

 

If it is determined that the offence constitutes a minor offence and that the offender's personality does not present any threat towards society, the court may send the offender to administrative authorities or social organisations for re-education.

 

Chapter 7

Circumstances Conducive to Exemption of Penalties

and Conditional Liberation before Term

 

Article 45.            Circumstances Conducive to the Exemption of Penalties

 

Punishments shall be lifted in the following circumstances:

 

·      Death of the offender;

·      Expiry of the time limit for execution of the court’s decision;

·      Grant of pardon to the offender.

 

Article 46.            Limitation Period for Execution of the Court's Decision

 

Penalties shall not be imposed by the court unless executed within the following limitation periods:

 

        ·      One year for minor offences;

        ·      Seven years for major offences;

        ·      Fifteen years for crimes.

 

The limitation period starts on the day the court's sentence becomes final. In the event that the offender commits a new offence, the limitation period for execution of the court’s decision in respect of any previous unexecuted sentence shall re-start on the day the second offence is committed. In the event that the offender evades penalties during the period of effectiveness of the sentence, the limitation period shall re-start from the day the offender presents himself or is arrested.

 

Article 47.            Conditional Liberation before Term

 

“Conditional liberation before term”,[23] based on the suggestion of the reformatory centre’s responsible committee, may be granted to progressive, repenting, and exemplary working offenders, who have served half of their sentences in the case of offenders who were less than eighteen years old when the offence was committed, two thirds of the sentence in the case of adult offenders and fifteen years for offenders sentenced to life imprisonment.

 

The local people's court executing the sanction of sentences is entitled to consider the grant of conditional liberation before term and to outline the conditions to be imposed upon the liberated offender. If within a period of five years, the offender who is granted conditional liberation before term has correctly complied with the outlined conditions and has not committed any further offences, the remaining punishment shall be lifted.

 

In the event that the outlined conditions are not respected during such period [of 5 years], the offender who is granted conditional liberation before term [shall be liable] to serve the remaining sentence. In the event that a new offence is committed during such period [of 5 years], the offender [shall be] liable to serve the new sentence in addition to the former remaining sentence.

 

Recidivist offenders or offenders sentenced to a death penalty commuted into imprisonment cannot be granted liberation before term.

 


Chapter 7

The Court’s Measures of

Re-education and Medical Treatment

 

Article 48.            Measures Applied by the Court towards Children

 

The court shall apply the following measures towards children less than fifteen years old who commit offences:

 

1.        Require the offender to request the damaged party's pardon by appropriate means;

2.        Publicise the offence;

3.        Send the child back to the person(s) having charge of the child for re-education; or

4.        Send the offender to administrative authorities and social organisations for re-education.

 

The court may apply the above-mentioned measures to children between fifteen and eighteen years old who commit minor and major offences.

 

The compensation of damages must conform to civil responsibilities.

 

Article 49.            Measures Applied by the Court towards Mentally Disturbed Offenders

 

Offenders committing offences under a state of mental disturbance or offenders in possession of their full conscience [during the offence who become] subject to mental disturbances before a sentence is imposed by the court or while serving the sentence, may benefit from measures pertaining to medical treatment, such as being sent to psychiatric hospitals or specific medical care centres.

 

After recovering from such a disturbance to his state of mental health, the offender must be brought back and sentenced by the court or the sentence must be executed if the lodged complaint or the court's decision is still valid.

 

The duration of medical treatment is to be included in calculating the period of execution of the punishment.

 

Article 50.            Measures Applied by the Court towards Offenders Addicted to Alcohol or Drugs

 

The court may apply measures of medical treatment in asylums or specific medical centres towards offenders addicted to alcohol or drugs who have committed offences and are not sentenced to deprivation of liberty[24]. In the event that [such addicted] offender is sentenced to deprivation of liberty, the court must apply measures of medical treatment while such offender is serving his sentence, and if after completion of such penalties, the medical treatment is yet to be completed, the court may apply measures for medical treatment by sending the offender for cures in hospitals or entrusting him to the care of administrative authorities, social organisations or collectives to continue his re-education and medical treatment.

 

After recovering from such an addiction or abuse, the offender must be brought back and sentenced by the court or the sentence must be served if the lodged complaint or the court decision is still valid.

 

The duration of medical treatment is to be included in calculating the period of execution of the sentence.

 


SPECIFIC PART

 

Chapter 1

Offences against National Security

And Social Orderliness

 

Article 51 (New). Treason to the Nation

 

Any Lao citizen in contact and cooperating with foreigners or foreign organisations for the purpose of undermining the independence, sovereignty, territorial integrity, grand political causes, defence and security, economy, or culture and society of the Lao People's Democratic Republic shall be punished by ten to twenty years of imprisonment and shall be fined from 10,000,000 Kip to 500,000,000 Kip. Furthermore, such person’s property may be confiscated as provided under Article 32 of this law, and such person may be placed under house arrest, sentenced to life imprisonment or subject to the death penalty.

 

Any preparation or attempt to commit such an offence shall also be punished.

 

Any Lao citizen assigned by foreigners or foreign organisations to commit an offence under this article but [who] voluntarily reports the facts to the authorities in advance before such offence is committed shall not be punished.

 

Article 52 (New). Rebellion

 

Any person participating in activities causing civil unrest in order to overthrow or weaken the administration shall be punished by ten to twenty years of imprisonment and shall be fined from 10,000,000 Kip to 500,000,000 Kip. Furthermore, such person’s property may be confiscated as provided under Article 32 of this law, and such person may be placed under house arrest, sentenced to life imprisonment or subject to the death penalty.

 

Any preparation or attempt to commit such an offence shall also be punished.

 

Article 53 (New). Spying

 

Any foreign individual, alien, or apatrid gathering intelligence or State or official documents of a confidential nature for the purpose of damaging or undermining the Lao People's Democratic Republic shall be punished by eight to twenty years of imprisonment and shall be fined from 5,000,000 Kip to 300,000,000 Kip. Furthermore, such person’s property may be confiscated as provided under Article 32 of this law, and such person may be placed under house arrest, sentenced to life imprisonment or subject to the death penalty.

 

Any individual gathering intelligence or State or official documents of a confidential nature for the purpose of relaying [them] to Lao rebels carrying out activities undermining the Lao People's Democratic Republic shall be punished by five to ten years of imprisonment and shall be fined from 5,000,000 Kip to 200,000,000 Kip. Furthermore, such person’s property may be confiscated as provided under Article 32 of this law, and such person may be placed under house arrest.

 

The acts of Lao citizens in gathering intelligence or State or official documents of a confidential nature for the purpose of relaying [them] to foreigners or foreign organisations for the purpose of damaging or undermining the Lao People's Democratic Republic shall be considered treason against the nation and shall be punished as provided under Article 51 of this law.

 

Any attempt to commit such an offence shall also be punished.

 

Article 54 (New). Territorial Violation Affecting National Security

 

Any armed person violating the territory of the Lao People's Democratic Republic and thereby affecting the national security shall be punished by five to fifteen years of imprisonment and shall be fined from 3,000,000 Kip to 150,000,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 55 (New). Physical Harm against the Interests of National Security

 

Any person causing physical harm to leaders of the Lao People's Democratic Republic with the purpose of undermining or weakening State authority shall be punished by ten to twenty years of imprisonment and shall be fined from 10,000,000 Kip to 150,000,000 Kip.

 

Where such physical harm results in death, the offender shall be punished by life imprisonment or the death penalty.

 

Any person causing physical harm to representatives of the State, civil servants, or persons performing the activities of the State or social organisations with the purpose of undermining or weakening State authority shall be punished by five to ten years of imprisonment and shall be fined from 5,000,000 Kip to 50,000,000 Kip.

 

Where such physical harm results in death, such person shall be punished by ten to twenty years of imprisonment and shall be fined from 10,000,000 Kip to 100,000,000 Kip, and may be sentenced to life imprisonment or the death penalty.

 

Any person causing physical harm to a foreign representative with the purpose of causing division in or undermining international relations or causing acts of war shall be punished by eight to twenty years of imprisonment and shall be fined from 7,000,000 Kip to 100,000,000 Kip.

Where such physical harm results in death, the offender shall be punished by ten to twenty years of imprisonment and shall be fined from 10,000,000 Kip to 150,000,000 Kip, and may be sentenced to life imprisonment or the death penalty.

 

In addition to the above punishments, penalties may include the confiscation of property as provided under Article 32 of this law and house arrest.

 

Any preparation or attempt to commit such an offence shall also be punished.

 

Article 56 (New). Destruction

 

Any person who, with the intention of undermining or weakening the State or the national economy, commits any of the following acts shall be punished by eight to twenty years of imprisonment and shall be fined from 5,000,000 Kip to 100,000,000 Kip: destroying, damaging, or burning plants, factories, offices, agency buildings, roads, communication facilities, transport vehicles, telecommunication equipment or other facilities constituting the economic infrastructure[,] [or] releasing toxic chemicals or viruses among communities or animals.[25] Furthermore, such person’s property may be confiscated as provided under Article 32 of this law, and such person may be placed under house arrest, sentenced to life imprisonment or subject to the death penalty.

 

Any preparation or attempt to commit such an offence shall also be punished.

 

Article 57 (New). Disruption of State or Social Undertakings

 

 

Any person responsible for the disruption of industry, trade, transport, agriculture, finance, or other services constituting the economic infrastructure and activities of State and social organisations[,] through acts or failures to act or by using his position to cause division within or weaken the State and undermine the national economy[,] shall be punished by five to twenty years of imprisonment and shall be fined from 3,000,000 Kip to 100,000,000 Kip. Furthermore, such person’s property may be confiscated as provided under Article 32 of this law, and such person may be placed under house arrest, sentenced to life imprisonment or subject to the death penalty.

 

Any preparation or attempt to commit such an offence shall also be punished.

 

Article 58 (New). Forgery of Bank Notes or Use of Forged Bank Notes

 

Any person using printing equipment or other means to forge bank notes or foreign currencies[,] or importing forged bank notes for circulation in the Lao People's Democratic Republic[,] shall be punished by five to fifteen years of imprisonment and shall be fined from 10,000,000 Kip to 150,000,000 Kip.

 

Any person forging bank notes or importing forged bank notes either through an organised group or in substantial quantity shall be punished by ten to twenty years of imprisonment and shall be fined from 20,000,000 Kip to 300,000,000 Kip.

 

Any preparation or attempt to commit such an offence shall also be punished

 

Any person knowingly making use of forged bank notes shall be punished by three months to five years of imprisonment and shall be fined from 200,000 Kip to 5,000,000 Kip.

 

Any person knowingly having forged bank notes in his possession but failing to notify the authorities shall be punished by three months to two years of imprisonment and shall be fined from 100,000 Kip to 500,000 Kip.

 

Article 59 (New). Propaganda against the Lao People's Democratic Republic

 

Any person conducting propaganda activities against and slandering the Lao People's Democratic Republic, or distorting the guidelines of the Party and policies of the Government, or circulating false rumours causing disorder by words, in writing, through print, newspapers, motion pictures, videos, photographs, documents or other media which are detrimental to the Lao People's Democratic Republic or are for the purpose of undermining or weakening State authority shall be punished by one to five years of imprisonment and shall be fined from 500,000 Kip to 10,000,000 Kip.

 

Article 60 (New). Division of Solidarity

 

Any person dividing or causing resentment between ethnic groups and social strata with the intention of undermining national solidarity shall be punished by one to five years of imprisonment and shall be fined from 500,000 Kip to 10,000,000 Kip.

 

Article 61 (New). Civil Commotion

 

Any person who is enrolled in an armed organisation and who engages in attacking and destroying plants, factories, offices, or social organisations or taking civil servants and civilians as prisoners or killing them, or robbing State, collective, or individual property with the intention of undermining the foundations of social order shall be punished by five to twenty years of imprisonment and fined from 5,000,000 Kip to 100,000,000 Kip. Furthermore, such person’s property may be confiscated as provided under Article 32 of this law, and such person may be placed under house arrest, sentenced to life imprisonment or subject to the death penalty.

 

Any preparation or attempt to commit such an offence shall also be punished.

 

Article 62 (New). Destruction or Attack of Detention and Reformatory Centres

 

Any person using force to destroy or attack detention and reformatory centres with the intention to abduct or liberate accused persons and prisoners in such centres, or using violence to abduct accused persons or prisoners during transfer shall be punished by five to twenty years of imprisonment and shall be fined from 5,000,000 Kip to 100,000,000 Kip. Such person may also be placed under house arrest, sentenced to life imprisonment or subject to the death penalty.

 

Any person causing disorder in or undermining the internal regulations of detention and reformatory centres or enticing accused persons and prisoners to escape shall be punished by one to five years of imprisonment and shall be fined from 500,000 Kip to 10,000,000 Kip.

 

Any preparation or attempt to commit such an offence shall also be punished.

 

Article 63 (New). Joining the Enemy, Sheltering Persons Acting against the Revolution

 

Any person who escapes[26] to join the enemy in fighting the revolution shall be punished by three years to ten years of imprisonment and shall be fined from 500,000 Kip to 100,000,000 Kip.

 

Any person concealing, hiding, sheltering or assisting a person acting against the revolution shall be punished by one to five years of imprisonment and shall be fined from 200,000 Kip to 50,000,000 Kip.

 

Article 64 (New). Offence against Friendly Countries

 

Any person committing an offence under Article 51 to Article 63 of this law against a friendly country shall be punished by the penalties applicable to those offences as if they were committed against the Lao People's Democratic Republic.

 

Article 65 (New). Disclosure of State or Administrative Secrets

 

Any person responsible for the safekeeping, preservation and use of documents pertaining to State secrets who discloses such secrets or allows the disclosure of such secrets or loses such documents shall be punished by three to five years of imprisonment and shall be fined from 500,000 Kip to 10,000,000 Kip.

 

In the case of administrative secrets,[27] the offender shall be punished by one to three years of imprisonment and shall be fined from 100,000 Kip to 5,000,000 Kip.

 

Article 66 (New). Gatherings Aimed at Causing Social Disorder

 

Any person organising or participating in the gathering of groups of persons to conduct protest marches, demonstrations and others with the intention of causing social disorder, shall, where such action causes damage to the society, be punished by one to five years of imprisonment and shall be fined from 200,000 Kip to 50,000,000 Kip.

               

                Any attempt to commit such an offence shall also be punished.

 

Article 67 (New). Destruction and Removal of Boundary Markers

 

Any person intentionally destroying or damaging any boundary marker,[28] or intentionally removing any boundary marker in a manner that does not comply with the laws, shall be punished by six months to three years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip.

 

Article 68 (New).             Destruction and Denigration of the National Emblem or National Flag

 

Any person destroying or denigrating the national emblem or the national flag in a manner which affects the honour and prestige of the Lao People's Democratic Republic, shall be punished by three months to two years of imprisonment and shall be fined from 200,000 Kip to 3,000,000 Kip.

 

Article 69 (New). Mobilisation of Unlawful Migration or Immigration

 

Any person publicly encouraging and misleading people into fleeing abroad, migrating or immigrating in contravention of the laws shall be punished by six months to three years of imprisonment and shall be fined from 1,000,000 Kip to 10,000,000 Kip.

 

In severe cases or in the event of recidivism, the offender shall be punished by six months to five years of imprisonment and shall be fined from 2,000,000 Kip to 20,000,000 Kip.

 

Article 70 (New). Unlawful Production, Possession and Use of Weapons or Explosives

 

Any person producing, possessing, keeping, wearing or using weapons of war[29] or explosives in contravention of the laws shall be punished by six months to five years of imprisonment and shall be fined from 500,000 Kip to 10,000,000 Kip.

 

Article 71 (New). Unlawful Trade in Weapons or Explosives

 

Any person purchasing and selling weapons of war or explosives in contravention of the laws shall be punished by six months to five years of imprisonment and shall be fined from 1,000,000 Kip to 20,000,000 Kip.

 

Any person purchasing and selling weapons of war or explosives as a regular profession, as part of an organised group or in a substantial quantity, shall be punished by five to ten years of imprisonment and shall be fined from 5,000,000 Kip to 50,000,000 Kip.

 

Article 72 (New). Theft, Misappropriation, Robbery of Weapons or Explosives

 

Any person obtaining weapons of war or explosives through theft, misappropriation or robbery shall be punished by two to five years of imprisonment and shall be fined from 2,000,000 Kip to 25,000,000 Kip.

 

Any person obtaining weapons of war or explosives through theft, misappropriation or robbery as a regular profession, as a part of an organised group or in a substantial quantity, shall be punished by five to ten years of imprisonment and shall be fined from 5,000,000 Kip to 50,000,000 Kip.

 

Article 73 (New). Loss of Weapons or Explosives Belonging to the State or Collectives

 

Any person negligently causing the loss of weapons of war or explosives belonging to the State or collectives shall be punished by three months to three years of imprisonment or by re-education without deprivation of liberty, and shall be fined from 100,000 Kip to 1,500,000 Kip.

 

Article 74 (New). Unlawful Production and Possession of Radio Communication Equipment

 

Any person producing, possessing or installing radio communication equipment in contravention of the laws shall be punished by six months to three years of imprisonment and shall be fined from 300,000 Kip to 3,000,000 Kip.

 

Article 75 (New). Performance of Medical Profession without License

 

Any person treating patients without an official license for the purpose of generating gains shall be fined from 100,000 Kip to 500,000 Kip.

 

Where the offender has caused a patient to become an invalid or to die, such offender shall be punished by three months to five years of imprisonment and shall be fined from 500,000 Kip to 5,000,000 Kip.

 

Article 76 (New). Forbidden Gambling

 

Any person indulging in forbidden gambling shall be fined from 200,000 Kip to 2,000,000 Kip.

 

Any person consenting to the use of his house as a gambling premises or acting as the chief gambler or found to have engaged in [gambling] recidivism, shall be punished by three months to two years of imprisonment or by re-education without deprivation of liberty and shall be fined from 500,000 Kip to 10,000,000 Kip.

 

Article 77 (New). Hooliganism

 

Any person breaching the rules and discipline of social life and making use of violence, threats, offensive language or other activities inconsistent with social orderliness shall be punished by public criticism and shall be fined from 50,000 Kip to 500,000 Kip.

 

A recidivist shall be punished by three months to one year of imprisonment or re-education without deprivation of liberty and shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Article 78 (New). Violation of Traffic Security

 

Any person intentionally damaging or obstructing roads, modifying or damaging traffic signs, signals, or kilometre marks, or using violence or threats against vehicle drivers, thereby causing a traffic accident, shall be punished by six months to two years of imprisonment and shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Where such an offence results in severe injuries or physical disability, the offender shall be punished by two to five years of imprisonment and shall be fined from 200,000 Kip to 2,000,000 Kip.

 

Where such an offence results in the loss of life, the offender shall be punished by six to ten years of imprisonment and shall be fined from 300,000 Kip to 3,000,000 Kip.

 

Where such an offence is committed negligently, the offender shall be punished by a fine of 50,000 Kip to 300,000 Kip.

 

Where such an offence is committed negligently and results in severe injuries, injuries to several persons or physical disability, the offender shall be punished by six months to three years of imprisonment and shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Where such an offence is committed negligently and results in the loss of life, the offender shall be punished by two to five years of imprisonment and shall be fined from 200,000 Kip to 2,000,000 Kip.

 

Where such an offence is committed negligently and results in the loss of many lives, the offender shall be punished by five to eight years of imprisonment and shall be fined from 500,000 Kip to 5,000,000 Kip.

 

Article 79 (New). Violations of Traffic Regulations Resulting in Accidents

 

Any person violating any traffic regulations, thereby causing an accident and injury to other persons shall be fined from 50,000 Kip to 300,000 Kip.

 

Where such an offence results in severe injuries, injuries to several persons or physical disability, the offender shall be punished by six months to three years of imprisonment and shall be fined from 100,000 Kip to 500,000 Kip.

 

Where such an offence results in the loss of life, the offender shall be punished by two to five years of imprisonment and shall be fined from 150,000 Kip to 700,000 Kip.

 

Where such an offence results in the loss of many lives, the offender shall be punished by five to ten years of imprisonment and shall be fined from 200,000 Kip to 1,000,000 Kip.

 

Article 80 (New). Flight from the Scene of the Accident

 

Any person who causes an accident and flees from the scene shall be punished by six months to two years of imprisonment and shall be fined from 200,000 Kip to 1,000,000 Kip.

                               

                                Any attempt to commit such an offence shall also be punished.

 


Part II

Offences against the Life,

Health and Honour of a Person

 

Article 81 (New). Murder

 

Any person intentionally causing the death of another person shall be punished by ten to fifteen years of imprisonment and shall be fined from 1,000,000 Kip to 5,000,000 Kip.

 

Any person committing murder as a regular profession, committing a planned murder, committing a barbarous murder, murdering civil servants performing their duties, several persons, or a pregnant woman, or murdering a person to conceal another offence, shall be punished by ten to twenty years of imprisonment and shall be fined from 2,000,000 Kip to 10,000,000 Kip. Furthermore, such person may be placed under house arrest or sentenced to life imprisonment or subject to the death penalty.

 

Any person committing murder due to severe moral outrage in response to the victim's unlawful act, where such outrage results in an unavoidable compulsion, shall be punished by three to five years of imprisonment and shall be fined from 500,000 Kip to 2,000,000 Kip.  

               

Any preparation or attempt to commit such an offence shall also be punished.

 

Article 82 (New). Death Caused Negligently

 

Any person causing another person's death negligently or inadvertently[30] shall be punished by two to five years of imprisonment and shall be fined from 200,000 Kip to 1,000,000 Kip.

 

Where such an offence results in the death of several persons, the offender shall be punished by five to ten years of imprisonment and shall be fined from 300,000 Kip to Kip 2,000,000.

 

Article 83 (New). Battery

 

Any person intentionally causing physical injury to another person shall be punished by three months to one year of imprisonment and shall be fined from 100,000 Kip to 5.00,000 Kip.

 

Where such an offence results in severe injuries or is committed by a group of persons, the offender shall be punished by one to five years of imprisonment and shall be fined from 500,000 Kip to 1,500,000 Kip.

 

Where such an offence causes the victim to become an invalid or to die, the offender shall be punished by five to ten years of imprisonment and shall be fined from 700,000 Kip to 3,000,000 Kip.

                               

Any attempt to commit such an offence shall also be punished.

 

Article 84 (New). Physical Injuries Caused Negligently

 

Any person causing physical injury to another person negligently or inadvertently shall be fined from 50,000 Kip to 300,000 Kip.

 

Where such an offence results in severe injuries, injuries to several persons or physical disability, the offender shall be punished by six months to three years of imprisonment and shall be fined from 100,000 Kip to 500,000 Kip.

 

Article 85 (New). Unlawful Abortion

 

Any person performing an unlawful abortion on another person shall be punished by two to five years of imprisonment and shall be fined from 200,000 Kip to 5,000,000 Kip.

 

Where the offender performs an unlawful abortion or performs an abortion as a regular profession and the abortion results in the degradation of the mother's health or her death, the offender shall be punished by five to ten years of imprisonment and shall be fined from 300,000 Kip to 10,000,000 Kip.

 

Any woman performing an abortion on herself or unlawfully recruiting another person to perform such an operation shall be punished by three months to one year of imprisonment and shall be fined from 100,000 Kip to 500,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 86 (New). Failure to Provide Assistance to Persons in Danger

 

Any person discovering another person in a life- or health-threatening situation, but failing to provide assistance although such assistance could have been provided, or failing to request the assistance of other persons, shall be punished by three months to one year of imprisonment and shall be fined from 100,000 Kip to 500,000 Kip.

 

Any person who has a duty to provide assistance, but fails to perform his duty in providing assistance to persons in life- or health-threatening situations, shall be punished by one to three years of imprisonment and shall be fined from 200,000 Kip to 1,000,000 Kip.

 

Article 87 (New). Defamation and Libel

 

Any person severely damaging the honour of another person through written, oral or other means shall be punished by three months to one year of imprisonment or by re-education without deprivation of liberty and shall be fined from 50,000 Kip to 300,000 Kip.

 

Any person libelling another person through written, oral or other means resulting in severe damage to the other person's honour[31] shall be punished by three months to one year of imprisonment or by re-education without deprivation of liberty and shall be fined from 50,000 Kip to 300,000 Kip.

 

Article 88 (New). Insults

 

Any person using indecent language [(whether written or oral)] or indecent acts against another person to cause severe damage to the second person's honour shall be punished by three months to one year of imprisonment or by re-education without deprivation of liberty and shall be fined from 50,000 Kip to 300,000 Kip.

 

Article 89 (New). Denigration of Corpse or Reputation of a Deceased

 

Any person using indecent acts or words towards the corpse, reputation, burial ground or stupa of a deceased person thereby affecting the public morale shall be punished by three months to one year of imprisonment or by re-education without deprivation of liberty and shall be fined from 50,000 Kip to 300,000 Kip.

 

Part III

Offences against Civil Rights and Freedoms

 

Article 90 (New). Duress

 

Any person exercising duress against another person by using force or weapons or threats to compel such other person to act or to refrain from acting according to the offender’s will but contrary to the compelled person's will and to the detriment of such compelled person shall be punished by three months to three years of imprisonment and shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Where such an offence involves hijacking cars, ships or aircraft, the offender shall be punished by three to ten years of imprisonment and shall be fined from 1,000,000 Kip to 50,000,000 Kip.

 

Article 91 (New). Unlawful Arrest and Detention

 

Any person unlawfully arresting or detaining another person shall be punished by six months to two years of imprisonment and shall be fined from 500,000 Kip to 3,000,000 Kip.

 

Where such an offence causes degradation to the health of the arrested or detained person, the offender shall be punished by two to five years of imprisonment and shall be fined from 700,000 Kip to 5,000,000 Kip.

 

Where such an offence causes the arrested or detained person to become an invalid or to die, the offender shall be punished by five to fifteen years of imprisonment and shall be fined from 1,000,000 Kip to 7,000,000 Kip.

 

Article 92 (New). Trade and Abduction of Human Beings

 

Any person engaging in the trade and abduction of human beings for ransom, sale or other purposes shall be punished by five to fifteen years of imprisonment and shall be fined from 5,000,000 Kip to 50,000,000 Kip.

 

Article 93 (New). Violation of Individual Freedom

 

Any person breaching another person’s individual freedom to engage in lawful speech, writing, gathering, meetings and other [freedoms] shall be punished by three months to one year of imprisonment or by re-education without deprivation of liberty and shall be fined from 100,000 Kip to 300,000 Kip.

 

Article 94 (New). Trespass of Residence

 

Any person committing unlawful trespass of residence through the use of force, threat or forged documents, by impersonating an official or otherwise shall be punished by six months to two years of imprisonment and shall be fined from 300,000 Kip to 1,000,000 Kip.

 

Article 95 (New). Violation of Personal Confidential Matter

 

Any person disclosing another person’s confidential matter which has come to the offender's knowledge during the performance of his profession or duties, thereby causing damage to the other person, shall be punished by three to six months of imprisonment and shall be fined from 50,000 Kip to 500,000 Kip.

 

Any person opening another person’s letters, telegrams or other documents or listening in on a telephone conversation between other persons, thereby causing damage to other persons, shall be punished by three to six months of imprisonment and shall be fined from 50,000 Kip to 500,000 Kip.

 

Article 96 (New). Obstruction of the Right to Vote and of Election

 

Any person obstructing [another person’s] civil right to vote or to be elected to the National Assembly through the use of threats, bribery or misdirection shall be punished by three months to one year of imprisonment and shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Article 97 (New). Forgery or Destruction of Election Documents

 

Any person forging or destroying election documents, or forging or destroying ballots or the results of an election to the National Assembly, shall be punished by one to two years of imprisonment and shall be fined from 200,000 Kip to 2,000,000 Kip.

 


Part IV

Offences against State and Collective Property

 

Article 98 (New). Robbery of State or Collective Assets

 

Any person violently attacking or using a direct threat against another person’s life or health in order to take any State or collective asset[32] shall be punished by five to ten years of imprisonment and shall be fined from 1,000,000 Kip to 10,000,000 Kip.

 

Where such acts of robbery are performed as a regular profession, as part of an organised group, or result in severe injuries or the loss of life or substantial damage, the offender shall be punished by ten to twenty years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Furthermore, such person’s property may be confiscated as provided under Article 32 of this law, and such person may be placed under house arrest, sentenced to life imprisonment or subject to the death penalty.

 

Any preparation or attempt to commit such an offence shall also be punished.

 

Article 99 (New). Theft and Forceful Misappropriation of State or Collective Property

 

Any person misappropriating any State or collective asset by theft shall be punished by six months to three years of imprisonment and shall be fined from 100,000 Kip to 5,000,000 Kip.

 

Any person misappropriating any State or collective asset by mugging[33] shall be punished by one to three years of imprisonment and shall be fined from 200,000 Kip to 7,000,000 Kip.

 

Where the theft is performed through forced entry, or by damaging fences, doors, cases[34], cupboards and others, the offender shall be punished by one to three years of imprisonment and shall be fined from 200,000 Kip to 7,000,000 Kip.

 

Where such theft or mugging is performed as a regular profession, as part of an organised group, or causes substantial damage, the offender shall be punished by three to seven years of imprisonment and shall be fined from 1,000,000 Kip to 10,000,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 100 (New). Swindle of State or Collective Property

 

Any person engaging in trickery by any means to cause a person in charge of any State or collective asset or other person to hand over [such asset] shall be punished by six months to three years of imprisonment and shall be fined from 200,000 Kip to 7,000,000 Kip.

 

Where the swindle is performed as a regular profession, by an organised group or causes substantial damage, the offender shall be punished by three to seven years of imprisonment and shall be fined from 5,000,000 Kip to 15,000,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 101 (New). Embezzlement of State or Collective Assets

 

Any person abusing any confidence in order to embezzle, appropriate or replace[35] any State or collective asset which has been assigned to such person to keep, transport, use in construction, repair or for any other purpose shall be punished by six months to three years of imprisonment and shall be fined from 200,000 Kip to 7,000,000 Kip.

 

Where embezzlement is performed as a regular profession, by an organised group or causes substantial damage, the offender shall be punished by three to seven years of imprisonment and shall be fined from 5,000,000 Kip to 15,000,000 Kip.

                               

Any attempt to commit such an offence shall also be punished.

 

Article 102 (New).               Intentional Destruction or Damage to State or Collective Property

 

Any person intentionally destroying or damaging any State or collective asset by any means or in any manner shall be punished by one to three years of imprisonment and shall be fined from 200,000 Kip to 1,000,000 Kip.

 

Where such an offence causes substantial damage or threatens the life or health of the public, the offender shall be punished by three to ten years of imprisonment and shall be fined from 500,000 Kip to 5,000,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 103 (New). Destruction of Artefacts or Architecture of Artistic Value

 

Any person destroying any artefact or architecture of artistic value, whether under collective or personal ownership, or exporting such objects without approval shall be punished by one to five years of imprisonment or fined as provided under the regulations governing the preservation of artefacts.

 

Any person destroying or damaging any stupa, sacred site or other object, or excavating a temple navel or destroying or selling Buddhist statues or other sacred objects shall be punished by two to seven years of imprisonment and shall be fined from 1,000,000 Kip to 10,000,000 Kip.

 

Article 104 (New). Negligent Damage to State or Collective Property

 

Any person negligently causing substantial or non-substantial damage to any State or collective asset, where such damage affects the society or the economic infrastructure, shall be punished by three months to three years of imprisonment or by re-education without deprivation of liberty and shall be fined from 200,000 Kip to 1,500,000 Kip.

 

Article 105 (New). Lack of Responsibility in Managing State or Collective Property

 

Any person who has the [direct] duty to manage any State or collective asset and who causes substantial damage to such asset due to the failure to abide by management regulations shall be punished by six months to three years of imprisonment and shall be fined from 200,000 Kip to 2,000,000 Kip.

 

Article 106 (New). Unlawful Possession of State or Collective Property

 

Any person intentionally possessing any State or collective asset that he has acquired, gathered or exploited or that has been handed over to him by another person, and who does not notify the authorities[36] shall be punished by three months to two years of imprisonment and shall be fined from 100,000 Kip to 300,000 Kip.

 

Where such an offence involves State or collective property of high value or in substantial quantity, the offender shall be punished by two to five years of imprisonment and shall be fined from 200,000 Kip to 5,000,000 Kip.

 

Article 107 (New). Concealment and Unlawful Trade of State or Collective Property

 

Any person accepting, purchasing, preserving, concealing or selling any State or collective property with the knowledge that such property was acquired by robbery, theft, mugging, swindle, embezzlement or otherwise shall be punished by three months to two years of imprisonment and shall be fined from 500,000 Kip to 5,000,000 Kip.

 

Where such an offence is performed as a regular profession, as part of an organised group, or causes substantial damage, the offender shall be punished by one to five years of imprisonment and shall be fined from 1,000,000 Kip to 10,000,000 Kip.

 

Article 108 (New). Abuse of State or Collective Property

 

Any persons using State or collective property for personal benefit, thereby causing substantial damage to the State or collective shall be punished by three months to two years of imprisonment and shall be fined from 100,000 Kip to 5,000,000 Kip.

 

Part V

Offences against Personal Property

 

Article 109 (New). Robbery of Personal Assets

 

Any person violently attacking [another person] or using a direct threat against another person’s life or health in order to take such person’s property shall be punished by four to eight years of imprisonment and shall be fined from 800,000 Kip to 8,000,000 Kip.

Where such an offence is performed as a regular profession or as part of an organised group, or causes severe injuries or the loss of life or substantial damage, the offender shall be punished by eight to fifteen years of imprisonment and shall be fined from 3,000,000 Kip to 15,000,000 Kip.

 

Any preparation or attempt to commit such an offence shall also be punished.

 

Article 110 (New). Theft and Mugging of Personal Property

 

Any person appropriating another person’s property by theft[, that is,] without such other person’s knowledge, shall be punished by three months to two years of imprisonment or by re-education without deprivation of liberty and shall be fined from 100,000 Kip to 3,000,000 Kip.

 

Any person appropriating another person’s property by mugging shall be punished by six months to three years of imprisonment and shall be fined from 150,000 Kip to 5,000,000 Kip.

 

Where theft is performed through forced entry or by damaging fences, doors, cases, cupboards and others, the offender shall be punished by six months to three years of imprisonment and shall be fined from 200,000 Kip to 5,000,000 Kip.

 

Where theft or mugging is performed as a regular profession, as part of an organised group or causes substantial damage, the offender shall be punished by three to five years of imprisonment and shall be fined from 1,000,000 Kip to 8,000,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 111 (New). Swindle of Citizens

 

Any person engaging in trickery by any means to cause a person to hand over his asset shall be punished by three months to two years of imprisonment and shall be fined from 200,000 Kip to 5,000,000 Kip.

 

Where such swindle is performed as a regular profession, as part of an organised group or causes substantial damage, the offender shall be punished by two to five years of imprisonment and shall be fined from 500,000 Kip to 10,000,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 112 (New). Embezzlement of Citizens' Assets

 

Any person abusing any confidence in order to embezzle, appropriate or replace any property entrusted to him for keeping or for any other purpose shall be punished by three months to two years of imprisonment and shall be fined from 200,000 Kip to 5,000,000 Kip.

 

Where such an offence is performed as a regular profession, as part of an organised group or causes substantial damage, the offender shall be punished by two to five years of imprisonment and shall be fined from 500,000 Kip to 10,000,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 113 (New). Intentional Destruction of or Damage to Citizens’ Property

 

Any person intentionally destroying or damaging another person's property by any means or in any manner shall be punished by six months to two years of imprisonment and shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Where such an offence causes substantial damage or threatens the life or health of the people, the offender shall be punished by two to seven years of imprisonment and shall be fined from 300,000 Kip to 3,000,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 114 (New). Unlawful Possession of Property

 

Any person intentionally possessing another person's property which he has found, collected, or exploited or which the other person has handed over by mistake, without notifying the authorities shall be punished by three months to one year of imprisonment and shall be fined from 50,000 Kip to 200,000 Kip.

 

Where such property is of high value or in substantial quantity, the offender shall be punished by one to three years of imprisonment and shall be fined from 200,000 Kip to 3,000,000 Kip.

 

Article 115 (New). Concealment and Unlawful Trade of Citizens’ Property

 

Any person accepting, purchasing, preserving, concealing or selling any property with the knowledge that such property belongs to another person and was acquired by robbery, theft, mugging, swindle, embezzlement or otherwise shall be punished by three months to one year of imprisonment and shall be fined from 300,000 Kip to 3,000,000 Kip.

 

Where such an offence is performed as a regular profession, as part of an organised group or causes substantial damage, the offender shall be punished by one to three years of imprisonment and shall be fined from 500,000 Kip to 5,000,000 Kip.

 

Article 116 (New). Loss of Assets to Fire Caused by Carelessness

 

Any person who negligently or inadvertently starts a fire which causes substantial damage to houses, warehouses, shops or crops of other persons shall be punished by three months to two years of imprisonment or by re-education without deprivation of liberty and shall be fined from 300,000 Kip to 3,000,000 Kip.

 


Part VI

Breach of Marital and Family

Relationships and of Customs

 

Article 117 (New). Adultery

 

A married person having a sexual relationship with a third person shall be punished by three months to one year of imprisonment or by re-education without deprivation of liberty and shall be fined from 500,000 Kip to 5,000,000 Kip.

 

The partner in adultery shall be punished on the same charges.

 

Article 118 (New). Failure to Perform Obligations towards Minor Children, Parents or Spouse

 

Any person failing to care for minor children,[37] parents in poverty, or a disabled or sick spouse in accordance with a court decision shall be punished by public criticism and shall be fined from 300,000 Kip to 3,000,000 Kip.

 

Article 119 (New). Rape

 

Any person using force, armed threats, drugs or other [substances], or other means to place a woman in a state of helplessness in order to have sexual intercourse with the woman against her will, where such woman is not [the offender’s] spouse, shall be punished by three to five years of imprisonment and shall be fined from 1,000,000 Kip to 5,000,000 Kip.

 

Where the victim of such rape is a woman between fifteen and eighteen years of age, a woman dependent upon the offender's care, or a patient of the offender, the offender shall be punished by five to ten years of imprisonment and shall be fined from 2,000,000 Kip to 10,000,000 Kip.

 

In the event of multiple rape[38], rape of girls under fifteen years of age, battery during rape or a rape resulting in the victim becoming an invalid or dying, the offender shall be punished by seven to fifteen years of imprisonment and shall be fined from 5,000,000 Kip to 15,000,000 Kip.

 

Where the offender rapes the victim and then murders the victim, such offender shall be punished by fifteen to twenty years of imprisonment and shall be fined from 10,000,000 Kip to 20,000,000 Kip. Furthermore, such person may be sentenced to life imprisonment or subject to the death penalty.

 

Any attempt to commit such an offence shall also be punished.

 


Article 120 (New). Sexual Intercourse with a Child

 

Any person engaging in sexual intercourse with a girl or boy under fifteen years of age shall be punished by one to five years of imprisonment and shall be fined from 2,000,000 Kip to 5,000,000 Kip.

 

Article 121 (New). Sexual Act Committed by Monks

 

Any monk or novice who commits a sexual act with a female or male person shall be punished by six months to three years of imprisonment and shall be fined from 500,000 Kip to 3,000,000 Kip.

 

Any female or male person who willingly commits a sexual act with a monk or novice shall be punished on the same charges.

 

Article 122 (New). Prostitution

 

Any person engaging in prostitution shall be punished by three months to one year of imprisonment or by re-education without deprivation of liberty and shall be fined from 50,000 Kip to 500,000 Kip.

 

Any person assisting or facilitating prostitution shall be punished by three months to one year of imprisonment or re-education without deprivation of liberty and shall be fined from 300,000 Kip to 1,000,000 Kip.

 

Article 123 (New). Procuring

 

Any person generating income through procuring prostitution in any manner whatsoever shall be punished by six months to three years of imprisonment and shall be fined from Kip 5,000,000 to 10,000,000 Kip.

 

Where procuring is performed as a regular profession or involves the prostitution of female minors[39] or the forcing of a female person under the offender's guardianship into prostitution, the offender shall be punished by three to five years of imprisonment and shall be fined from 10,000,000 Kip to 50,000,000 Kip

 

Article 124 (New). Incest

 

Any person engaging in sexual intercourse with a biological parent, parent by adoption, step-parent, grandparent, parent in law, biological child, adopted child, step-child, grandchild or sibling shall be punished by six months to five years of imprisonment and shall be fined from 500,000 Kip to 2,000,000 Kip.

 

The partner in incest shall be punished by three months to one year of imprisonment and shall be fined from 50,000 Kip to 300,000 Kip.

 


Article 125 (New). Pornography

 

Any person who, in the presence of members of the public or in any public place, engages in an act of sexual intercourse or exposes his or her sexual organs shall be punished by three months to one year of imprisonment or re-education without deprivation of liberty and shall be fined from 50,000 Kip to 200,000 Kip.

 

Article 126 (New). Outrage to Decency

 

Except for the offences described in Article 119 of this law[40], any person engaging in any act that causes embarrassment of a sexual nature to another person against such other person's will shall be punished by six months to three years of imprisonment or re-education without deprivation of liberty and shall be fined from 100,000 Kip to 500,000 Kip.

 

Article 127 (New). Dissemination of Pornographic Objects and Objects Contrary to Fine Traditions[41]

 

Any person engaging in the widespread production, distribution, or dissemination of pornographic items, magazines, pictures, video cassettes and other materials contrary to fine traditions shall be punished by three months to one year of imprisonment and shall be fined from 200,000 Kip to 5,000,000 Kip.

 

Part VII

Economic Offences

 

Article 128 (New). Destruction of Forests

 

Any person engaging in tree-felling or forest-slashing inconsistently with forestry regulations, or who starts a forest fire or destroys any forest through any other means shall be punished by three months to one year of imprisonment and shall be fined as provided by forestry regulations.

 

Where such an offence causes substantial damage, the offender shall be punished by one to five years of imprisonment and shall be fined as provided by forestry regulations.

 

Article 129 (New). Destruction of Crops

 

Any person destroying any crops belonging to the State, collectives, social organisations or individuals shall be punished by a fine of 50,000 Kip to 500,000 Kip.

 

Where such an offence causes substantial damage, the offender shall be punished by three months to two years of imprisonment and shall be fined from 100,000 Kip to 2,000,000 Kip.

 

Article 130 (New). Illegal Hunting

 

Any person engaging in hunting that is inconsistent with hunting regulations, such as the hunting of protected species, hunting during a restricted season or in prohibited places or hunting with prohibited tools and others shall be punished by three months to two years of imprisonment and shall be fined as provided by hunting regulations.

 

Article 131 (New). Illegal Fishing

 

Any person engaging in fishing [or catching any other aquatic animal] inconsistently with fishing regulations, such as with the use of explosives, poisons, chemicals or other prohibited tools, shall be punished by three months to one year of imprisonment and shall be fined as provided by fishing regulations.

 

Article 132 (New). Unlawful Exploitation of Natural Resources

 

Any person exploiting natural resources, such as metals, minerals, precious stones and “non-timber forestry products”[42] inconsistently with the laws shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Where such an offence causes substantial damage, the offender shall be punished by two to five years of imprisonment and shall be fined from 500,000 Kip to 5,000,000 Kip.

 

Article 133 (New). Production and Sale of Consumer Goods and Medicines that are Hazardous to Health

 

Any person producing or selling any drinks, meat, fish, fruits, vegetables or other consumer goods or medicines that are degraded or hazardous to health shall be fined from 100,000 Kip to 1,000,000 Kip. [43]

 

Where such an offence is intentional, the offender shall be punished by three months to three years of imprisonment and shall be fined from 1,500,000 Kip to 5,000,000 Kip.

 

Article 134 (New). Sale of Prohibited Goods

 

Any person selling any prohibited goods shall be punished by three months to two years of imprisonment and shall be fined as provided by customs regulations.

 

Article 135 (New). Production, Trade, Consumption or Possession of Narcotics

 

Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of narcotics (such as heroin, amphetamines, any ingredient used in the production of heroin or amphetamines, opium, and marijuana) shall be punished as follows:

 

1.     Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit of less than one hundred grams of heroin through the Lao People's Democratic Republic shall be punished by ten to fifteen years of imprisonment and shall be fined from 50,000,000 Kip to 100,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit of heroin through the Lao People's Democratic Republic as a regular profession, as part of an organised group or in a quantity ranging between one hundred grams to three hundred grams shall be punished by fifteen to twenty years of imprisonment and shall be fined from 100,000,000 Kip to 500,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of more than three hundred grams up to five hundred grams of heroin shall be punished by life imprisonment and shall be fined from 500,000,000 Kip to 1,000,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of more than five hundred grams of heroin shall be punished by the death penalty.

 

Any person who consumes any heroin, or purchases or possesses for consumption two grams or less of heroin, shall be punished by one to five years of imprisonment or re-education without deprivation of liberty.

 

2.     Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of less than one hundred grams of amphetamines or other psychotropic substances shall be punished by five to ten years of imprisonment and shall be fined from 10,000,000 Kip to 100,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of amphetamines or other psychotropic substances as a regular profession, as part of an organised group or in a quantity ranging from one hundred to five hundred grams of amphetamines or other psychotropic substances shall be punished by ten to twenty years of imprisonment and shall be fined from 100,000,000 Kip to 500,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of more than five hundred grams up to three thousand grams of amphetamines or other psychotropic substances shall be punished by life imprisonment and shall be fined from 500,000,000 Kip to 1,000,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of more than three thousand grams of amphetamines or other psychotropic substances shall be punished by the death penalty.

 

Any person who consumes any amphetamines or other illegal psychotropic substances, or who purchases or possesses for consumption three grams or less of amphetamines or other illegal psychotropic substances, shall be punished by six months to three years of imprisonment or re-education without deprivation of liberty.

 

3.     Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of less than five hundred grams of precursors for the production of narcotics shall be punished by five to ten years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32.

 

Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of precursors for the production of narcotics as a regular profession or as part of an organised group or in a quantity ranging from five hundred grams to one thousand grams shall be punished by ten to twenty years of imprisonment and shall be fined from 20,000,000 Kip to 50,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of more than one thousand grams up to ten thousand grams of precursors shall be punished by life imprisonment and shall be fined from 50,000,000 Kip to 100,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

Any person who produces, trades, distributes, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of more than ten thousand grams of precursors shall be punished by the death penalty.

 

4.     Any person who produces, possesses, imports, exports, transport or causes the transit through the Lao People's Democratic Republic of less than one kilogram of opium for trade shall be punished from two to seven years of imprisonment and shall be fined from 1,000,000 Kip to 10,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

Any person who produces, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of opium for trade as a regular profession or as part of an organised group or[44] in a quantity ranging from one to three kilograms of opium shall be punished by ten to fifteen years of imprisonment and shall be fined from 15,000,000 Kip to 20,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

Any person who produces, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of opium for trade as a regular profession or as part of an organised group or in an amount from three to five kilograms of opium shall be punished by fifteen to twenty years of imprisonment and shall be fined from 30,000,000 Kip to 40,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

Any person who produces, possesses, imports, exports, transports or causes the transit through Lao People's Democratic Republic of opium for trade as a regular profession or as part of an organised group or in an amount involving more than five kilograms of opium shall be punished by life imprisonment and shall be fined from 50,000,000 Kip to 100,000,000 Kip. Furthermore, such person’s property shall be confiscated as provided under Article 32 of this law.

 

The provision of services for the consumption of opium shall be punished by three to ten years of imprisonment and a fine of 5,000,000 Kip to 20,000,000 Kip.

 

5.     Any person who plants between three kilograms and ten kilograms of raw marijuana for trade purposes shall be punished by re-education without deprivation of liberty and shall be fined from 500,000 Kip to 2,000,000 Kip.

 

Any person who plants between three kilograms and ten kilograms of raw marijuana for trade purposes shall be punished by one to three years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip.

 

Any person who produces, possesses, imports, exports, transports or causes the transit through the Lao People's Democratic Republic of one to ten kilograms of dry marijuana for trade shall be punished by three to seven years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip.

 

Any person who produces, possesses, imports, exports, transports or causes the transit through Lao People's Democratic Republic of dry marijuana for trade as a regular profession or as part of an organised group or involving over ten kilograms of dry marijuana shall be punished by five to ten years of imprisonment and shall be fined from 20,000,000 Kip to 50,000,000 Kip.

 

The provision of services for the consumption of marijuana shall be punished by three months to five years of imprisonment and a fine of 1,000,000 Kip to 5,000,000 Kip.

 

Addiction to marijuana smoking shall be punishable by re-education without deprivation of liberty and a fine of 500,000 Kip to 2,000,000 Kip.

 

Article 136 (New). Opportunistic Raising of Prices

 

Any person opportunistically raising prices of goods or selling goods at excessive prices during periods of drought, flood or difficult situations in a locality shall be punished by six months to two years of imprisonment and shall be fined from 1,000,000 Kip to 5,000,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 137 (New). Hoarding of Goods

 

Any person hoarding or concealing goods in any enterprise, company, shop or elsewhere for the purpose of creating instability in the economy and the people’s lives shall be punished by one to four years of imprisonment and shall be fined as provided by customs regulations.

 

Article 138 (New). Unlawful Sale of State or Collective Goods

 

Any person who has the duty to sell goods in a State or collective outlet shop and who unlawfully sells such goods out of greed shall be punished by six months to two years of imprisonment and shall be fined from 100,000 Kip to 10,000,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 139 (New). Falsification of Scales or Weights

 

Any person tampering with scales and weights during the sale of goods and barter, or making use of substandard scales and weights to gain in goods or money shall be punished by six months to two years of imprisonment and shall be fined from 100,000 Kip to 3,000,000 Kip.

 

Article 140 (New). Falsification of Bank Cheques, Unlawful Use of Bank Cheques or Other Bonds

 

Any person falsifying cheques or bonds to cash with a bank, exchange for goods or for any other use shall be punished by six months to three years of imprisonment or fined as provided by banking regulations.

 

Any person using bounced cheques, or cheques in excess of the deposit account's balance or engaged in unlawful sale and exchange of cheques shall be punished by six months to three years of imprisonment or fined as provided by banking regulations.

 

Article 141 (New). Violation of State Tax Regulations

 

Any person violating state tax regulations, such as land tax, royalties, customs duties, internal taxes and fees, shall be punished by three months to three years of imprisonment and shall be fined as provided by the state tax regulations.

 

Part VIII

Breach of Civil Servants’ Responsibilities

 

Article 142 (New). Abuse of Power

 

Any civil servant abusing his authority, position, [or] duties for personal gain, thereby [adversely] affecting the interests of the State or society or the rights and interests of citizens shall be punished by three months to two years of imprisonment and shall be fined from 300,000 Kip to 3,000,000 Kip.

 

Where such an offence causes substantial damage, the offender shall be punished by two to five years of imprisonment and shall be fined from 1,000,000 Kip to 50,000,000 Kip.

 

Article 143 (New). Abuse of Authority

 

Any civil servant engaging in the intentional excessive use of the authority provided by law, thereby [adversely] affecting the interests of the State or society or the rights and interests of citizens shall be punished by three months to three years of imprisonment and shall be fined from 500,000 Kip to 5,000,000 Kip.

 

In the event that the abuse of authority is committed with the use of force, weapons, torture, indecent words or acts affecting the honour and reputation of the victim, the offender shall be punished by three to five years of imprisonment and shall be fined from 2,000,000 Kip to 7,000,000 Kip.

 

Article 144 (New). Abandonment of Duty

 

Any civil servant intentionally abandoning his duty and thereby [adversely] affecting State or social activities, shall be punished by six months to three years of imprisonment or re-education without deprivation of liberty and shall be fined from 200,000 Kip to 3,000,000 Kip.

 

Article 145 (New). Negligence in the Performance of Duty

 

Any civil servant failing to perform an assigned task, negligently performing such assigned task, or guilty of lack of responsibility, and thereby [adversely] affecting the State or society or the rights and interests of citizens, shall be punished by three months to three years of imprisonment or re-education without deprivation of liberty and shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Article 146 (New). Bribery and Corruption

 

Any civil servant claiming, requesting, accepting or agreeing to accept a bribe in exchange for using [the civil servant’s] position for the bribing party's interest shall be punished by one to three years of imprisonment and a fine equal to the amount or value of the bribe.

 

Any person bribing or agreeing to bribe a civil servant shall be punished by six months to two years of imprisonment and a fine equal to the amount or value of the bribe.

 

In the event of a substantial bribe, the bribed civil servant, the briber and the person who agrees to give the bribe shall be punished by three to five years of imprisonment and fines equal to twice the amount or value of the bribe.

 

Bribe intermediaries shall be punished by six months to two years of imprisonment and fines equal to the amount or value of the bribe.

 

Any person giving bribes under force or threat and who thereafter notifies the authorities shall not be considered an offender on the charge of bribery.

 

Part IX

Breach of the Administration and

Judiciary Regulations

 

Article 147 (New). Obstruction of the Performance of Officers' Duty

 

Any person threatening or using force to obstruct officers in the performance of their public or social duties shall be punished by three months to two years of imprisonment and shall be fined from 200,000 Kip to 2,000,000 Kip.

 

Where such an offence causes injury to officers, the offender shall be punished by two to five years of imprisonment and shall be fined from 300,000 Kip to 3,000,000 Kip.

 

Where such an offence causes an officer’s physical disability or loss of life, the offender shall be punished by five to twenty years of imprisonment and shall be fined from 1,000,000 Kip to 10,000,000 Kip or life imprisonment or the death penalty.

 

Article 148 (New). Denigration of State Officials

 

Any person using indecent acts or words or false allegations towards State officials to damage their reputation and honour or the population's confidence in such officials shall be punished by three months to two years of imprisonment and shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Article 149 (New). Destruction, Concealment of Documents and Seals

 

Any person intentionally destroying or concealing official documents or seals thereby causing their loss or rendering them unfit for use shall be punished by three months to one year of imprisonment and shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Where such an offence causes substantial damage to important documents, the offender shall be punished by one to five years of imprisonment and shall be fined from 300,000 Kip to 3,000,000 Kip.

                               

Any attempt to commit such an offence shall also be punished.

 

Article 150 (New). Forgery of Documents or Use of Forged Documents

 

Any person forging documents, signatures, or seals, or deleting or adding words to documents shall be punished by three months to two years of imprisonment and shall be fined from 200,000 Kip to 2,000,000 Kip.

 

Any person knowingly using forged documents shall be punished by three months to two years of imprisonment and shall be fined from 200,000 Kip to 2,000,000 Kip.

 

Where the forgery or use of forged documents causes substantial damage, the offender shall be punished by two to five years of imprisonment and shall be fined from 500,000 Kip to 10,000,000 Kip.

 

Article 151 (New). Ordaining without Authorisation

 

The ordainment of a monk or novice without approval from the administrative authorities shall be punished by three months to one year of imprisonment and a fine from 50,000 Kip to 100,000 Kip.

 

A monk performing ordainment without authorisation shall be punished on the same charges.

 

Article 152 (New). False Allegations

 

Any person intentionally reporting false allegations to the authorities to induce court proceedings or arrest shall be punished by one to three years of imprisonment and shall be fined from 300,000 Kip to 3,000,000 Kip.

 

Article 153 (New). False testimony

 

Any witness, victim, expert, or translator who intentionally gives false testimony, opinions or translations to the court or officials for a benefit shall be punished by one to five years of imprisonment and shall be fined from 200,000 Kip to 5,000,000 Kip.

 

Any person agreeing to provide a benefit in money or in kind or to serve [any of] the above-mentioned persons because of his false testimony[, opinion or translation] shall be punished by one to five years of imprisonment and shall be fined from 200,000 Kip to 5,000,000 Kip.

 

Article 154 (New). Concealment of Offence

 

Any person who knows of or who witnessed an offence committed by another person and who fails to report such offence to officers shall be punished by three months to two years of imprisonment or re-education without deprivation of liberty and shall be fined from 200,000 Kip to 2,000,000 Kip.

 

Article 155 (New). Concealment of Offender

 

Any person who did not make any previous agreement or promise with an offender but who provides shelter or assistance to such an offender[, allowing the offender] to evade arrest or trial shall be punished by three months to five years of imprisonment or re-education without deprivation of liberty and shall be fined from 300,000 Kip to 5,000,000 Kip.

 

Article 156 (New). Destruction of Evidence

 

Any person intentionally destroying traces of evidence or concealing documents or materials constituting proof of an offence shall punished by six months to three years of imprisonment or re-education without deprivation of liberty and shall be fined from 300,000 Kip to 5,000,000 Kip.

 

Any attempt to commit such an offence shall also be punished.

 

Article 157 (New). Misappropriation of Evidence

 

Any person who is responsible for the preservation of property or material constituting evidence but who sells, conceals, mortgages, uses, exchanges or loses the evidence or commits any other unlawful act [in respect of such evidence] shall be punished by six months to three years of imprisonment or re-education without deprivation of liberty and shall be fined from 200,000 Kip to 10,000,000 Kip.

 

Article 158 (New). Escape from Prison or Reformatory Centre

 

Any person escaping from a prison or reformatory centre during a trial or during the serving of a sentence shall be punished by six months to three years of imprisonment and shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Where such escape from prison or reformatory centre is made with the use of force against officials, the offender shall be punished by three to five years of imprisonment and shall be fined from 500,000 Kip to 5,000,000 Kip.

 

Article 159 (New). Disorder in Prison or Reformatory Centre

 

Any person engaging in incitement to disorder or breach of order in a prison or reformatory centre shall be punished by three months to three years of imprisonment and shall be fined from 100,000 Kip to 5,000,000 Kip.

 

Article 160 (New). Physical Violence and Torture of Suspects or Prisoners

 

Any person using physical violence and torture, or measures or other acts inconsistent with the laws, against suspects or prisoners during arrest, trial or serving of sentence shall be punished by three months to three years of imprisonment or re-education without deprivation of liberty and shall be fined from 300,000 Kip to 2,000,000 Kip.

 

Article 161 (New). Allowing Suspects or Prisoners to Escape

 

Any person who negligently or inadvertently allows suspects or prisoners to escape while they are under guard or protection, or during the transport of suspects or prisoners shall be punished by three months to two years of imprisonment and shall be fined from 100,000 Kip to 1,000,000 Kip.

 

Where the offender intentionally allows suspects or prisoners to escape, such an offender shall be punished by three to seven years of imprisonment and shall be fined from 500,000 Kip to 10,000,000 Kip.

 

Article 162 (New). Non-Execution of Court Decision or Order

 

Any person who [evades compliance with] the court’s instruction, order, decision [whether at first instance, on appeal or on cassation] or warrant shall be punished by three months to one year of imprisonment and shall be fined from 100,000 Kip to 5,000,000 Kip.

 

 


[The amendments hereunder, namely] the Specific Part of this Penal Law and Article 7 of the General Part [,] shall enter into force 180 days from the date when the President of Lao People’s Democratic Republic issues the decree on its promulgation.

 

                                                                                Vientiane

                                                                                President of the National Assembly

                                                                               

                                                                                [Seal and Signature]

 

                                                                                Samane VIYAKETH

 

 


List of properties exempted from confiscation

 

The following necessary properties and objects used by the sentenced offender or individuals under his authority are not to be confiscated: [45]

 

1.        Permanent place of residence of the sentenced offender and of his family.

2.        A cow, buffalo, elephant, horse, goat, sheep and pig if possessing one single piece per specie, and poultry in the event of persons making a living out of cultivation or animal husbandry.

3.        Animal feed in the event that animals are not confiscated.

4.        Seeds and production tools in the event that the sentenced offender or individuals under his authority make a living through agricultural practices.

5.        Objects necessary for the sentenced offender or his family:

· Clothes;

· Bedding;

· Kitchen utensils;

· Household utilities (1 bed and chair for each person, [and] tables, cupboards and cases used by the family);

· All kinds of children’s toys.

6.        Food.

7.        Necessary items for the profession of the sentenced offender, unless the court forbids the sentenced offender to continue such profession or if such items are used in illegal activities.

 

 

 

 



[1]               For readability, the punctuation in this sentence has been modified.

 

[2]               The terms “offence” and “infraction” are used to refer generally to criminal acts. There are three levels of such criminal acts as set out in Article 7. “Minor offence”, “major offence” and “crime” are used specifically to refer to those three levels.  The translators are aware that the Specific Part of the Penal Law does not in fact categorise offences into these three levels.

[3]               Readers may wish to refer to the Law on Lao Nationality for the distinction between citizens, foreign individuals, aliens and apatrids (i.e., persons unable to certify their nationality).

[4]               The quotation marks have been added and are not in the original text.

 

[5]               The quotation marks have been added and are not in the original text.

 

[6]               The quotation marks have been added and are not in the original text.

 

[7]               For readability, the structure of this sentence has been modified. There are two principal requirements under this article – voluntariness and knowledge of consequences.

 

[8]               For readability, the structure of this sentence has been modified.

 

[9]               There is insufficient textual evidence to confirm whether this comma should be interpreted as “and” or “or”.

 

[10]             The reader should note that the Lao language does not distinguish between genders in pronouns. In this translation, a reference to a gender is a reference to all genders, unless the context requires otherwise (as is the case in some Articles). The translators’ decision to use the male gender pronoun as the default translation was made in the interests of simplicity and consistency.

 

[11]             The quotation marks have been added and are not in the original text.

 

[12]             Readers should not assume that all preparations and attempts to commit an offence are punishable. Rather, the articles in the specific part of this law specifically prescribe whether preparation or attempt of an offence is punishable.

 

[13]             The quotation marks have been added and are not in the original text.

 

[14]             Ibid.

 

[15]             The quotation marks have been added and are not in the original text.

 

[16]             The quotation marks have been added and are not in the original text.

 

[17]             The quotation marks have been added and are not in the original text.

 

[18]             For readability, the punctuation and structure of this sentence have been modified.

[19]             An offence under an Article may attract different levels of punishment or fine, depending on specified circumstances. For each offence, the Article sets out the different “cases” of circumstances and the respective punishments for such “case”.

 

[20]             The quotation marks have been added and are not in the original text.

[21]             An “offence pertaining to several categories” is defined in Article 10.

 

[22]             The quotation marks have been added and are not in the original text.

 

[23]             The quotation marks have been added and are not in the original text.

[24]             For readability, the structure of this sentence has been modified.

[25]             For readability, the structure of this sentence has been modified.

[26]             The literal translation is “escapes the revolution to join”.

[27]             The phrase “administrative secrets” is a literal translation. The translators believe this may refer to secrets of administrative bodies below the central or State level, but there is insufficient textual evidence to depart from the literal translation.

 

[28]             The phrase “boundary marker” is a reference to marks (including physical signposts) that delineate the border of a territory.

[29]             Lao law makes a distinction between weapons for warfare and homemade weapons for hunting and legitimate personal use.

[30]             In this translation, “negligence” is used in the sense set out in Article 9, while “inadvertently” is used to describe actions which cause a result by accident where the offender may not have given any thought to the consequences (e.g., turning a corner, the driver knocks a pedestrian down without realising the pedestrian is there).

[31]             The distinction between the two offences described in this Article is that in the first paragraph, the statements may be true; in the second, they are not.

[32]             The phrases “state asset”, “collective asset” and their variants are used with the first term as an adjective, i.e., “assets belonging to the State”. Readers may wish to refer to the Property Law for more information illustrating how these terms are typically used.

 

[33]             The word “mugging” is used in the sense of theft in the presence of other people.

 

[34]             The word “cases” is used in the sense of a trunk or other container for belongings.

[35]             These three terms have the connotations of “to take in whole”, “to take in part” and “to replace with something else”, respectively.

[36]             The reader may wish to refer to the Property Law for the obligation to report the finding of lost property (whether belonging to the State or collectives, as covered in this Article, or to other persons, as covered in Article 114).

[37]             In this Article, the term “minor children” is used in the sense of under the age of majority.

 

[38]             In this Article, the phrase “multiple rape” is used in the sense of “rape by more than one person”.

[39]             In this Article, the word “minor” is used in the sense of under the age of majority.

[40]             Only Article 119 is mentioned here, even though the translators are aware that other articles in this part might also describe offences that ought to be excluded under this Article.

 

[41]             The word “traditions” connotes both traditions and customs.

[42]             The phrase “non-timber forestry products” is a technical term used by the Department of Forestry to refer to crops like mushrooms, herbs, bamboo shoots, and rattan.

 

[43]             For readability, the structure of this sentence has been modified.

[44]             The translators are aware that the use of the disjunctive “or” in this paragraph and in the next two paragraphs leads to an ambiguous overlap among the paragraphs. However, the word “or” is specifically used in the Lao text.

[45]             For readability, the punctuation of this list has been modified.