The Personal Penalty for Raping Persons Under 16 Years Old from Practice of Ho Chi Minh City, Vietnam

Abstract

The crime of raping a person under 16 years old is one of the two crimes in Chapter XIV (crimes infringing on human life, health, dignity, and honor) of the Penal Code in 2015 (amended and supplemented in 2017) still stipulates the death penalty. In the face of reducing the death penalty in the regulation of crimes, the retention of the regulation on the death penalty shows the extremely dangerous nature of this offense. The provisions of the Penal Code on the crime of rape of a person under 16 are increasingly being improved. This article analyzes the provisions of the 2015 Penal Code (amended and supplemented in 2017) of Vietnam (with comparisons with previous regulations) on cases of rape of a person under 16 years old will be imposed a death sentence and the practice of applying it from the reality of Ho Chi Minh City in the period 2016-2020.