Les faux-semblants de la reforme du droit penal vietnamien (1985-2005)

In: Critique internationale: revue comparative de sciences sociales, Heft 4, S. 79-108

Abstract

The reform of Vietnamese criminal law engaged in the early 1980s has proved deceptive: it never led to the de-politicization of penal practices & of the characterization of crimes. The judicial & legal apparatus of social control was merely superimposed upon preexistent disciplinary mechanisms, instead of replacing them. Admittedly, codifying criminal law, rationalizing judiciary organization & reinforcing judicial review have put an end to the lawlessness of the revolutionary era & to "government by morality" -- up to a certain point. But the reinforcement of legality has not established the rule of law, only a "government by the law" of sorts, because it was really only intended to consolidate social control, to provide a legal frame for economic reform, & to supply the regime with a new, legal, rational source of legitimacy. Besides, criminal charges are only superficially de-politicized in the 1999 Criminal Code: the influence of socialist theories of law, revolutionary justice & customary law is still obvious in the definition of criminal responsibility, & the characterization & hierarchy of crimes. Finally, the sentencing system remains essentially the same. Based on repression, exemplary punishment & reeducation, it is a product of socialist theories of social hygiene & certain Vietnamese popular beliefs. Adapted from the source document.