Penal Code No13/NA
صدر في 2017-05-15 · النص بتاريخ 2026-10-01
القانون العام والإرشادات الرسمية منشورة بوصفها أبحاثاً. ليست مشورة قانونية أو ضريبية أو مالية.
البحث نفسه مكتوب بالإنجليزية. العناوين والوسوم مترجمة؛ أما النتائج والاقتباسات فغير مترجمة.
عن هذا القانون
- اللغة
- English
- النوع
- قانون
- المنظمة
- Mekong River Commission (MRC)
- الدولة
- لاوس
- الموضوعات
- Agricultural and rural development, Livestock, Air and atmosphere, Energy, Environment, Food and nutrition, Fisheries and aquaculture, Forestry, Land and soil, Mineral resources, Cultivated plants, Sea, Water, Wild species and ecosystems, Waste and hazardous substances, General
- الكلمات المفتاحية
- legal proceedings/administrative proceedings, enforcement/compliance, offences/penalties, framework law, criminal code, international trade, internal trade, transport/storage, pests/diseases, animal health, environmental fees/charges, governance, hazardous substances, hazardous waste, human rights, public health, fire management, hazards, plant protection, freshwater pollution, pollution control, protection of habitats, protection of species, wild fauna, wild flora, biodiversity
- الفئات
- *, agriculture, metals-base, metals-precious, minerals-critical
أين تقرؤه
النص
نص القانون نفسه، مادةً مادة، كما هو محفوظ. لكل مادة رابطها.
Article I The Penal Code is hereby promulgated.
Article 2 This decree sha\J. enter into force on the date it is signed. President of the Lao People's Democratic Republic [Seal and Signa1ure of the Presitlent] Boungnang Vorachit Lao People'.s Democratic Republic Peace Independence Democracy Unity Prosperity National Assembly No. 013/NA Vientiane Capital, 17 May 20 l 7 Resolution of the National Assembly on the i\doption of the Penal Code Pursuant to Article 53, Point l of the Constitution of the Lao People's Democratic Republic (amended in 2015) and article l I, Point I of the Lai.v on National Assembly of Lao People's Democratic Republic (amended in 2015) ; After a co1nprehens1ve and in-depth examination by the National Asse1nbly of the contents of the Penal Code during the 3rd Ordinary Session of the National Assembly's eight legislature on 17 May 2017 The National Assembly Decides:
Article 1 To adopt the Penal Code by a majority of votes.
Article 2 This Resolution shall e11ter into force from the date it is signed. Presidenl of the National Assembly [Seal and ,')ignalure] Pany Y A'fHOTU Lao People's Democratic Republic Peace Independence Democracy Unity Prosperity National Assembly No. 26/NA Vientiane Capital, 17 May 2017 Penal Code Part I General Part Chapter I General Provisions
Article 1 Role of the Penal Code The Penal Code intends to safeguard the political, economic and social regimes of Lao People's Democratic Republic, to protect interests of the State, the legitimate rights and interests of citizens, the life, health, dignity, rights and freedom of Lao people, national security and social order; to preveITTt and counter offences; and to educate all citizens the respect of the laws. In order to fulfill this role, the Penal Code defines certain acts deemed to be public danger as criminal offences and define penalties for perpetrator.
Article 2 The Penal Code The Penal code is compilation of provisions related to criminal offences and punishments into a single law.
Article 3 Definitions Terms used in this Penal Code have the following meaning: I. Penal Law means this Penal Code and other related laws which define criminal offences and punishments; 2. Other related Laws that define criminal offences and punishment refer to la\vs that define criminal offences and punishments promulgated after this Penal Code becomes effective; 3. Territory of Lao PDR means area where the Lao PDR is located on the world map including upper land, underground, waters and airspace, and area where the offices of Lao diplomatic representatives are located, consulates, offices of permanent representatives of Lao PDR to international and regional organizations 1 in foreign counrry including vehicles carrying Lao flag such as cars, boats, ships and aircrafts as prescribed in International Conventions to which Lao PDR is a party; 4. Any person as stipulatcJ in Chapter 1 to Chapter 11 of Part ll of this Penal Code, means offenders that includes natural person and legal person; 5. Any person as stipulated in Chapter 12 Part II of this Penal Code n1eans army personnel in active services, reserve anny personnel in the period of concentrated training, citizens requisitioned for service in the army, militiamen, self-defense personnel detached to army units in combat, combat service; 6. Legal person means enterprise as stipulated in Enterprise Law, including cooperatives, domestic and foreign associations and foundations legally established as li:gal persons; 7. Moral consciousness rneans being conscious of kno\ving \Vhat is right and wrong \Vhen committing an act; 8. Sexual Intercourse n1eans having any kind of sexual penetration betv•een male and fe1naie or he\\\·ei.:n peopl..-: of the sar11e sex by using sa111e se~:ual organs o; using sexual organs \Vith other organ of the body: 9. Sexual relationship 1neans putting n1en's sexual organ into \\'Omen's sexual organs or putting fi:1nale sexual 01·gan into male sexual organs or putting sexual or organs into other organs the body; 10. Pornography means displaying sexual organs and hurnans sexual bebavior; 11. Diplontatic in1inunitics means rights of diplomats to be exen1pted from crin1inal proceeding as p1·ovided in International Conventions to which the Lao PDR is a party; 12. Prohibited goods rnei1ns the goods that are not allowed to sell, exchange, produce, import or export, or goods that must be under the control of relevant state organization: 13. Black magic means non-scientifically proved magic or other Sltperstitious practices; 14. Unlawful abortion 111cans abortion not authorized by medical doctor commission; 15. Forbidden gan1bling means unauthorized gambling; 16. Person \Vith mental disabilities means person losing his or her mental functionalities; 17. Serious disease means incurable disease; l8. Human nesh means hun1an body, cells including sperms, placenta, fetus; \ 9. Financial institution means comtnercial banks and other non-banking financial institutions such as micro financial institutions, credit cooperatives; 20. War objects nJeans enemy objects used in \vartin1e.
Article 4 Basics of Penal l~iabilitics A person or legal person can be charged \Vith crin1inal liabilities and subject to criminal punishment only \Vhen the person or legal person has co1nmittcd acts deemed dangerous for the so<.:icty as prescribed in this Penal Code and in other relalcd Laws that prescribe criminal offe1v'i:s and punishment and when final decision is rendered by n CourL
Article 5 Basic 1)rinciplcs of the Penal La\V The basic principles of the Penal La\v are as follows: 2 \.When offences occurred there must be criminal liabilities; 2. Offenders' liabilities for the offences; 3. Offenders' liabilities based on the nature and level of dangerosity of the offences, personality of offenders and attenuating and aggravating circumstances.
Article 6 Obligation to Prevent and Com bat Offenses Persons, legal entities and organizations are obliged 10 101n and cooperate with investigation agencies, offices of People's Prosecutors, People's Courts and other organizations concerned in preventing and combating crimes aiming at eliminating the causes and conditions leading to criminal offences.
Article 7 Application of Provisions Contained in General Part of this Penal Code General provisions of general part of this Penal Code shall also apply to offences as provided in other la\VS. Chapter 2 Scope of Penal Law
Article 8 Application of the Penal Law 1vithin the Territory of the Lao People's Democratic Republic The Penal law is applied to all offences committed on the territory of the Lao People's Democratic Republic. A person, legal person who commits an offence within the territory of the Lao People's Democratic Republic shall be punished in accordance \Vith the Penal Code of the Lao People's Democratic Republic. In the event the diplomatic representatives or individuals enjoying the diplomatic immunity conferred bY International Conventions to which the Lao People's Democratic Republic is a party commit offences on the territory of the Lao People's Democratic Republic, these cases shall be settled based on the International Conventions to which the Lao People's Democratic Republic is a party or through diplomatic channels.
Article 9 Extraterritorial Application of the Penal La\V Lao citizens who commit offences outside the territory of the Lao People's Democratic Republic shall be charged \Vi th and punished for such offences if they are defined as offences under this Penal Code and other related Law of the Lao People's Democratic Republic that define criminal offences and punishment. Aliens and stateless individuals residing in the Lao People's Democratic Republic who commit offences outside the territory of the Lao People's Democratic Republic shall also be punished. 3 Foreign individuals \vho commit oJlences oulside the territory of the Lao People's D~mocratic Republic, \Vhich infringe the national interests of the Lao People's Democratic Republic or legitimate rights and interests of Lao citizens, shall also be punished.
Article 10 Period of Effectiveness of the Penal La'\V The Penal law applies on the date it enters into force. Any new la\V calling for lighter penalties or eliminating any offence provided in former laws shall take retroactive effect. New la\VS stipulating ne\V offences or calling for heavier punishment than what is provided in an earlier la\v shall not take retroactive erfect. Cha1)ter 3 Offences and Offenders Article t 1 OtTcucc Cri1ninal offence i;<> acL<> or omission deemed dangerous to lhe political, economic or social regirnes or the Lao People's Deinocratic Repl1blic, to the interests of the State, legitiinate rights and interests of cilizens and organizations, to the lives, health, honor and dignity, rights and freedo1n of the people·, or to national security or social order as provided in this Penal Code and other related laws of the Lao People's Democratic Republic that define criminal otfences and punish1nent. All acts or omission \Vith nll components of criminal offences but causing prejudice in property \Vorth less one million Kip shall be settled by means of mediation or other forms of settlement, except for acts of mugging, robbery, acts of recidivism or acts perforn1ed as a profession.
Article 12 Components of Offences ·rhc components of an offence refer to those objective and subjective characteristics of behavior that the Penal Code defines as an offence. An offence consists of four conlponents as follows: l. Material co1nponcnt; 2. Objective cornponcnt 3. Subjective component; 4. Actor's con1poncnt. The material co1nponcnl of an o!Tcnce refers lo lhe social relationship that is regulated by the Penal Code. and that is affected by the offence. The objective con1poncnt of an offence refers to the external characteristics of the behavior that has caused, or is evidence of an intention to cause da1nagc to a social relationship that is regulated by the Penal Code, including the tin1e, location, n1eans, instru1nent, circumstances and n1ethods used for com1nilting the offence. 4 The subjective component of an offence refers to the characteristics of the artitude and state of mind of the offender regarding his act of offence, as expressed externally throujrh the behavior that constitutes the offence. The actor's component of an offence refers the offender being either a natural or legal person, \vith full mental faculty, no insanity, and reached fifteen years of age or above.
Article 13 Categories of Offences Offences are divided into three categories: J. Minor offences are offences punishable under the Jaw by public criticism or fine; 2. Major offences are offences punishable under the la\v by re~education without deprivation of liberty or imprisonment from three months to ten years and fines; 3. Crimes are offences punishable under the la\V by imprisonment from five years up to the iil"e i111pri~onmcnt \\·Ith fines and death penalty.
Article 14 Intentional Offences lntentional offences are acts or omission that the offender, undertake with full kno\vledge of their dangerous nature for society and their consequences but intent to act or let it occur.
Article 15 Negligent Offences Negligent offences are acts or omission of the offender undertaken carelessly with full knov./ledge that such acts or abstentions might be dangerous for soCiety, and where the consequence is expected and possible to anticipate, although the- offender does not believe or expect that such consequence V.'ou[d take place.
Article 16 Offences Pertaining to Several Categories An offence pertaining to several categories is an act or several acts of infraction committed by an individual, where such act or acts are classifiable under two or more categories, 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 17 Repeated Offences A repeated offence is more than two offences but classified as same category or similar and each offence has never been sentenced by court and shall be brought to the same court.
Article 18 Double offences A double offence means two offences or more classified as different category of offences and each offence has not been sentenced by court and shall be brought to the same court. 5
Article 19 Organized crime Organized crime means crimes committed by groups of more than three persons organized \Vithin a period of time and planned to commit 1najor otTences and above.
Article 20 Occupational crime The occupational crimes are crimes of the san1e nature or similar committed more than three times but have not been brought to justice.
Article 21 Recidivism Recidivisn1 is an offence committed by an individual \\"ho has been deprived of liberty for a previous intentional offence but recommined a nc\v intentional offence ,1;hi!e serving his sentence or co1r1n1its a ne\v intentional ollCnce of the same nature or sirnilar, within a follo\ving period: I. One yenr for 1ninL1r offence: 2. Five years for major offence; 3. Sevep years for crime.
Article 22 P1·cparation to Commit Offences Preparation to con11nit an offence is the preparntion of nleans, materials, creation of conditions or other factors in order to commi1 an intentional offence. Preparation to r::ommit an offence shall only punished if deemed dangerous for society, as provided in the specific part of the Penal Law. Preparation to comtnit major offences or crimes shall be punished according to the articles prescribing penalties for the offence itself. Preparation to com1nit minor offences shall not be punished.
Article 23 Attempts to Commit Offences An attempt to commit an offence is the taking acts to partially con1mit an intentional offence but is unsuccessful due to external circumstances that prevent it fi-01n happening. Attempts t0 com1nit an offence shall be punished only if deemed dangerous for society, as provided in the Penal Law. l\ttcn1pts to co111111il an otlCnce shall be punished according to the articles prescribing penalties for the offence itself. Atten1pts to co1n1nil tninor offences shall not be punished.
Article 24 Voluntary Abandonment of Offences 6 Any individual \vho voluntarily abandons the completion of an offence during its preparation or attempt shall not bear criminal liabilities, unless any act of preparation or attempt \vhich he\she has taken is 3.n offence of another n:iture.
Article 25 Offender An offender is a person or a legal person "'-ho commits any acts or omissions that endanger the society and that have components of an offence as prescribed in this Penal Code.
Article 26: Participation in an Offence Participation in an offence refers to intentional participation in an offence by two or more persons. Pa1ticipant::, in an ofTencc are: I. Authors; 2. Implementers: 3. Inciters; 4. Accomplices. Artide 27: Authors The author is the one who plans, organizes and gives instructions to commit the offence.
Article 28 Implementer The implementer is the one who has directly committed the offence.
Article 29 Inciters Inciters are persons \Vho persuade, mobilize, and encourage others to commit offences.
Article 30 Accomplices Accomplices are persons who intentionally assist in the offence, or who previously commits to Conceal, cover the offender, instruments and tools of the offence, to efface traces of the offence or to conceal any proceeds fr~m the offence. Chapter 4 Prescription in Criminal Proceedings And Exemption from Criminal Liabilities
Article 31 Prescription of Criminal Proceedings Prescription of criminal proceeding is the term for prosecution of criminal cases as defined for in the Penal Code. If the term is over, the prosecution of criminal cases shall not be possible. 7 Tenns of prescription are as fo!lo"vs: I. One year for a n1inor offence; 2. Seven years for a major offence; 3. Fifteen years for a crime. Terms of prescription of criminal proceeding shall count from the date when the offence is committed. In case of new offence is committed within the terms of earlier prescription of the offence, the terms of prescription shall start from the date of new offence is corntnitted. In case the offender escapes from criminal proceeding, the terms of prescription shall count from the date the offender has presented to the court or arrested.
Article 32 Non-application of Terms of Prescription ·renns of prescription as stated in Article 31 of this Penal Code shall not apply to act of genocide and crin1es against national security as specified in Chapter l of Part !I of this Pena! c:o<lc, cxcc:pt offences for forgery of bank nores or :.ise of f01·gcd bank notes and n1oncy laund.::ring.
Article 33 Circumstances that Lead to Exemption from J>enal Liability Circumstances that lead to exen1ption from penal liability are as follo\vs: 1• Expiration of the tcrn1s of prescription 2. Force and threat; 3. Legitimate defense; 4. State of necessity; 5. Performance ofprotCssional duty; 6. Obeying an order; 7. Sport practices; 8. Offences against which complaints must be lodged by the damaged parties.
Article 34 Expiration of Terms of Prescription The expiration of terms of prescription is the end of terms of prescription as defined in article 31 of this Pena! Code The expiration of the tern1s of prescription of criminal proceedings leads to the exemption of crin1 in al liabilities.
Article 35 Force and Threat Any individual committing an offence under force or threat in circun1sta11ccs \Vhcre such force or threat could not have been avoided shall not bear criminal liabilities. In the event such offence is a cri1nc, the use of force or threat shall constitute extenuating circumstances for criminal punishn1en1 only 8
Article 36 Legitimate Defense Acts of legitimate defense are acts taken by an individual to safeguard the interests of the Seate or society, to safeguard his/her O\vn or anolher individual's life, health, or legitimate rights and interests against acts of aggression regarded as public danger; provided that the acts of aggression truly exist and are dangerous, and the acts of legitimate defense against act of aggression must be proportionate with the acts of aggression.
Article 37 State of Necessity Any act taken in a state of necessity is an individual's act \vhich is necessary to avoid threats against the interests of the State or society, or against his/her own or another individual's life. health, or legitimate rights and interests, \vhere such threats cannot be avoided by other 111ethods and 'viiere the dan1age C<uised by such act is less tha!1 the damage that would have resLilted from the threat.
Article 38 Performance of Professional Duty The performance of a professional duty shall be regarded as a circumstance that leads to exemption from criminal liability if it meets the following criteria: I. The act shall be within the scope of the rights and duties [of the actor]; 2. The act shall be in conformity with professionalism and laws.
Article 39 Obeying an Order The obeying an order shall be regarded as a circumstance that leads to exemption from penal liability if it meets the following criteria: 1. The actor shall have received an order from a person who has the right and duty 'to issue the order; 2. The order shall be issued in conformity with la\vs; 3. The person obeying the order shall have the right and duty to obey such order; 4. The person obeying the order shall implement the order within the scope of the order and in conformity with laws.
Article 40 Sport practices Sport practices shall be regarded as a circumstance that leads to exemption from criminal liabilities if the sport practices are conducted within the rules of the sport.
Article 4 l Offences Against which Complaint Must be Lodged by the Damaged Parties 9 No criminal proceedings may be brought in respect of offences that do not cause public danger and in respect of \vhich the damaged party does not lodge any complaint. Offences that do not cause public danger but require complaint by the damaged parties, include the following matters: l. Physical violence bet\veen close relatives without serious injury or physical disability, except acts of physical violence against woman and child, elderly person from sixty years, or people with disabilities, or acts performed as a profession or in state of recidivism; 2. Libel, slander, insult, and outrage to the body or the reputation of the dead; 3. Adultery; 4. Infraction of private property of close relatives; 5. Violation of domicile and privacy. The \Vithdra\val of a complaint lodged by the dainaged pa11y shall terminate such crirr:lnal proceedings. Chapter 5 Penalties
Article 42 Penalties A penalty is the con1pulsory State's measure as prescribed in Penal La\v used to restrict, revoke rights and interests of the offenders.
Article 43 Purposes of Penalties Penalties are not only aimed at punishing the offenders, but they also intend to re-educate punished individuals to purify their spirit to\vards \VOrk, to properly and strictly comply with the la\\'S, to respect social rules, 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 44 Categories of Punishrnent Penalties are coin posed of principal, additional and alternative penalties. Principal penalties are the following: 1. Public criticisn1; 2. Fines; 3. Re-education without deprivation of liberty; 4. Expulsion; 5. Deprivation of liberty with terms; 6. Life imprisonment; 7. Death penalty. Additional penalties are the following: 10 I. Fine in case it is not a principal penalty; 2. Confiscation of property; 3. Confiscation of items connected to the offence; 4. Deprivation of election right and the right to be elected; 5. House arrest; 6. Expulsion in case it.is not a principal penalty; 7. Restoration; 8. Withdra\val of license; 9. Forbidding the offender to perform a function or duty or to exercise a profession, \Vithdrawal of medals or titles. For major offences. the court may pronoL1nce one or l\VO additional penalcies instead of principal penalty. f\lternative penalties are the following: 1. Working for public utilities; 2. Space restriction. The court may apply alternative penalties instead of either principal or additional penalties or both penalties.
Article 45 Public Criticism Public criticism is criticizing the offender at the court hearing. If deemed necessary, the court's decision might be published in a newspaper or by other methods.
Article 46 Fines Fines are financial penalties determined by the court according to the cases and within the limits as stated by the law. The fine must be computed in accordance with the gravity of the offence, on the basis of the offender's economic status, the costs of living at each period. The fines shall be deposited in the State's budget. The fines must be paid in sum or in quarter within the period of court's decision. In the event that the offender does not have the capacity to pay the fine at that period, the court may commute such fine into the penalty of working for public utilities or the penalty of re-education without deprivation of liberty. In the event the offender cannot pay fines as per court's decision and serving deprivation of liberty, the court may commute the fines into working for public utilities or re-education without deprivation of liberty It is forbidden to commute a fine into deprivation of liberty and vice versa in case of offence for \Vhich is prescribed a penalty of more than three years. For economic and financial offences for which the law prescribes deprivation of liberty less than three years except for recidivism or offences committed as a profession, the fine can be prescribed as principal penalty; ho\vever, if the offender cannot pay the fines, the last can be commuted by court into deprivation of liberty by 11 counting one day of deprivation of liberty being equal to minimun1 daily remuneration of worker.
Article 47 Re-education without Deprivation of Liberty Re-education without deprivation of liberty is a punishment inflicted upon the offender at his/her place of \Vork or at other locations, and pursuant to \vhich five to twenty per cent of his/her total salary is remitted to the State in accordance \Yith the court's decision. A penalty of re-education \Vithout deprivation of liberty shall not exceed one year. Articic 48 Expulsion Expulsion is a penalty inflicted Llpon foreign offenders having to leave territory of Lao PDR for a period of not less than ten years. "l"he court 1nay use expulsion as a principal penalty or an additional penalty on a case by ca;;e basis. The expulsion shall be imposed on n1ajor offences causing serious damages and on crimes.
Article 49 Deprivation of Liberty \Vith Tern1s Deprivation of liberty \Vith terms is a deprivation of liberty for a period from three months to t\venty years that the sentenced persons shall serve in the detention center.
Article 50 Life Imprisonment Life imprisonment is a deprivation of liberty \Vithout period of time, applied to a person having committed a very serious offence, but it is not suitable to convict as death penalty. Life imprisonment may not be imposed on offenders of less than eighteen years old and on women in a state of pregnancy \Vhen the offence is com1nitted but to be deprived of liberty with a terrn of twenty years. Article SI Death Penalty The death penalty is the special punishment to be i1nposed on offenders in especially serious cases ns slated in the specific part of this Penal Code and other rclntcd Laws \.Vith criminal offences and punishtncnts. The death penalty is carried out by shooting. It is forbidden to inflict a death sentence to otlCndcrs of less than eighteen years old, lo pregnant women, on women nursing their children under three years, to elderly persons from sixty years of age and to persons tvith n1entnl disabilities at the time when the oflCnce is con1111itted. when the court renders its decision. or when the sentence is served by co1nmuting the sentence to life imprison1nent. 12
Article 52 Confiscation of Assets Confiscation of assets is the confiscation by the State of all or part of an offender's property not used to commit the offences or not being crime proceeds without any compensation by focusing only on the most serious crimes as prescribes in the Penal Law. In the event of the confiscation of all offender's property. exception shall be made for assets that is indispensable for the livelihood of the ofTender and his/her family such as permanent living house of the sentenced person, animals for those working as farmers, objects necessary for the daily life of the sentenced person, and of person under the custody of the sentenced person. In the event partial confiscation of property is imposed, the court shall draw up a clear list the assets to be confiscated. The property belonging to the State cannot be confiscated and must be returned to relevant agencies.
Article 53 Confiscation of Objects (Items) Confiscation of items is th.;: confiscation of items used to commit an offence or for which the offence is committed or crime proceeds obtained from intentional offence to become state property. Confiscation of items connected to the offence may be imposed for major offences and crimes. Items belonging to other individuals used to commit the offence shall be confiscated by the State only if the O\Vner of the items who lend them to the offender is not in good faith or if the confiscation of those assets is deemed necessary for the safeguard of the society. Items belonging to the State shall not be confiscated but shall be returned to the relevant organization.
Article 54 Withdrawal of Rights to Vote and to be Elected Withdrawal of the right to vote and to be elected is the suppression of the rights to vote and to be elected of offenders committing crimes. The penalty of withdrawal of the right to vote and to be elected must not exceed five years from the date after he\she has finished serving hisJher sentence or termination of limitation period for execution of the court's judgment.
Article 55 Restriction of Residence (House Arrest) I-louse arrest forbids the sentenced offender from leaving a place of residence or fi·om entering other territories as assigned or forbidden by a decision of the court. House arrest must not exceed five years from the day after he/she has finished serving his/her sentence. 13 The sentence of house arrest may not be imposed to offenders of less than eighteen years old and to pregnant \Vomen or women in charge of small children under eight years old at the time \vhen the offence is committed. House arrest is specified in the specific part of this.Penal Code.
Article 56 Restoration Restoration is the court's measure imposed to ofti::nder to restore or rehabilitate the environment to their original state such as rehabilitation of forest, \Vater, soil, odor. air. .·\rticlc 57 \Vithdra'\-val of License Withdra\va! of license is revoking offender's license n:unely the driving license. investtnent license, business license, explorations of natural resources license or other licenses. The court may decide to revoke driving license of offender if the offence is a· triple violation of traffic rules or more causing accident or if the offence causes serious damages . .i\.rticlc 58 Forbidding the Offender to Hold position, Pcrforn1 a Function or Duty, to Exercise a Profession, Withdrawal of Orders, Medals or Titles Forbidding the offender to hold a position, to perform a function or duty or to exercise a profession, the revocation of orders, medals or titles is prohibiting the offender to perform a function or duty or to exercise a profession or withdra"val the offender's orders, medals or titles.
Article 59 Working for Public utilities Working for public utilities is working for public interests any socially beneficial work that the court may iinpose to offender in major offence for which the law prescribes imprisoninent of not more than three years. This work for social interests shall nol affect human dignity and is performed without any remuneration. l'he penalty of \Vorking !Or the public utllities irnposcd to offenders shall not be less than sixty hours and not exceed seven hundred Ii fty hours. By i1nposing the penalt)' of this nature, the court shall take into consideration the purpose of the penalties, the nature of the offence, personality and consent of offenders. ·rhe court may impose Lhe penalty of working for the public utilities to 14 replace penalty of fine or penalty of deprivation of liberty not more than three years or may replace both penalties. In case the offender fails to serve this sentence of work for public utilities, the court shall commute thls penalty by deprivation of liberty •vith terms by calculating every eight hours of working for the public utilities as one day of deprivation of liberty.
Article 60 Space restriction Space restriction is the prohibition of the senlenced offender from leaving a place or area of residence as provided in the court's decision. If deemed necessary, an authorization from the court shall be obtained. Space restriction shail be imposed to offender for a n1axirnL11n period of six months. Space restriction is an alternative penalty that the Court can use to commute the fines or deprivation of liberty for \vhich the La\\" prescribes deprivation of liberty not exceeding three years except for recidivism or offe11ces committed as a profession, taking ill account the nature of the oft"ence and personal it)' of offender. Chapter 6 Prescription of Penalties
Article 61 General Principle on the Prescription of Penalties The court prescribes penalties on the basis of legal prov1s1ons 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 criminal liabilities.
Article 62 Characteristics of Dangerosity of the Offences Characteristics of dangerosity of an offence are based on the category of the offence and the methods used to commit the offence. Categories of offences refer to minor offences, major offences and crimes as stipulated Jn Article 13 of this Penal Code. Methods used to commit the offence refer to melhod used to commit the offence such as torture, outrageous acts towards the victim, by methods causing public danger.
Article 63 Level of Dangerosity of an Offence 15 The level of dangerosity of an offence depends on rhe actual loss in life, health, honor and dignity and property caused by the intentional offence or negligence. There are three ~evels of loss to property as fo\lo\vs: I. Lo\v level or minor loss \Vith less than 20,000,000 Kip; 2. Medium level or 1nedium loss from more than 20,000,000 Kip to 50,000,000 Kip; 3. High level or substantial loss from more than 50,000,000 Kip.
Article 64 Circumstances Conducive to the Reduction of Penal Liabilities Circumstances conducive to the reduction of penal liabilities are: l. l'he offender is less than eighteen years old or above sixty years old; 2. Fen1ale offend et"° s sl<ite of pregnancy or \Vomen nursing their babies under three years: 3. An excessive legitimate defense; 4. An offence co1nmitted under the strong emotional shock generated by an illegal act of the victim: 5. 1\n offence committed \Vith excessive necessity; 6. A crime comn1itted under force or threat; 7. An offender prevents and repairs damage caused by his/her offence or voluntarily compensates for the dan1ages in good faith; 8. An offence con1mitted due to offender's own or ofhis\her family's seriously difficult situation: 9. The offender expresses remorse and surrenders to officials, and confesses nnd reveals offences committed by him\herse!f and others; 10. l'hc offence is the first offence. if the olTence does not cause serious public danger; ! I. An ofTendcr hns sho,vn merit towards the nation. In the prescription of penalties, the court may take into consideration other factors that arc not defined in this article.
Article 65 Circu instances Conducive to the Increase of Penal Liabilities Circun1stances conducive to the increase of penal responsibilities are 1. Recidivism; 2. Offences comn1ittcd by organized groups; 3. OITcnccs committed from greed; 4. Offence to\vards lhe State's properly; 5. OllCnccs of civil servants and government's officials; 16 6. Offences towards minors, elderly people, vulnerable persons, or persons materially or in other ways dependent on or under the authority of the offender; 7. Initiation of minors into committing or participating in offences; 8. Barbarous or outrageous acts of infraction towards the victim: 9. Offences \Vith serious consequences; I 0. Offences committed during calamities; 11. Offences committed through dangerous methods for the public; 12. Offences committed in a state of drunkenness or drug abuse. Based on the nature of the committed offences, the court has the absolute right to decide \vhether 0, not to increase the penal respcinsibilities; 13. Intentional imposition of guilt on honest persons: 14. OtTenders are found guilty of concealing other oftCnces or using violence to escape . .4..1·ticle 66 Prescription of Penalties for Offences Pertaining to Several Categories The prescription of Penalties for an offence Pertaining to several articles shall 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 shall be made by accumulating the penalties for each separate offence, but the final result shall not exceed ten years for major offences and t\venty years for crime. Where several offences pertaining to several articles of major ofl"ence or crime. the crime shalt be considered as main penalty. For crimes for which the !aw prescribes life imprisonment or death penalty, the penalty imposed will be the penalty defined in relevant article or paragraph. The prescription of a total penalty for accumulative offences pertaining to several articles that legal provision providing equal punishment shall be made by accumulating the penalties for each separate offence, but the final result must not exceed the highest penal_ty that could have been imposed for the most serious offence among such offences. The Court may add additional penalties to the principal penalties in the event that such additional penalty is prescribed for in the Penal Law. In the event that a court decision has been rendered and become final or the offender has served the sentence in part or in \Vhole, but it turns out that additional offences had previously been committed by the offender, the prescription of penalties must be made according to the above mentioned procedures. For the fines, they must be prescribed based on each offence one by one, and cannot be subject to the above-mentioned procedures for accumulating and consolidating penalties. 17
Article 67 Prescription of Penalties for Repetitive and Double Offences Prescription of penalties for repetitive and double offences shall be made as in accordance with the procedure as defined in article 66 of this Penal Code.
Article 68 Prescription of Penalties for Recidivism Prescription of penalties for recidivism in n1ajor offences or in accumulative offences shall be made by adding the penalty that the court \vould i1npose to the offender in ordinary case to the half of such penalty. Recidivism in crimes is conducive to an increase of penal responsibilities as stated in Article 65 of this Penal Code. In the event that the offender commits a ne\v offence after a court decision has been rendered and become final or while the offender ls serving his/her sentence, the court shall add the ren1aining rart of the penalty \\'hich is still due to be executed to the ne\vly imposed penalty.
Article 69 Prescription of Penalties for· the Preparation of Offences Prescription of penalties for the preparation of offences shall take into consideration their nature and degree of social threat of the offences, the degree of implementation of the offender's ill l11tentions, and the causes of such unsuccessfl1t .offences. In prescribing penalties for the preparation of offences, the court may impose sentences \vith lighter penalties than those prescribed by La\YS.
Article 70 Prescription of Penalties for the Attempts to Commit Offences Prescription of penalties !Or the atten1pts to commit offences shall take into consideration their nature and degree of social threat, level of implementation of the offender's intention and other causes of such unsuccessful offences. In prescribing penalties for the attempts to commit ofli::nces, the cou11 may impose sentences with lighter penalties than those prescribed by Laws.
Article 71 Prescription of Penalties on Authors The Court shall impose penalties to the participnnt in the offence as author as \Yhat is specified by the La\V for such offence. The penalty to be imposed to the authors may be higher than penalty that will be imposed to other participants based upon the nature and degree of the social threat posed by the offCncc, the personality of the author and circumstances conducive to the reduction or the increase of penal liabilities. 18
Article 72 Prescription of Penalties for Implementers The court may impose the same penalty as to the author based upon the nature and degree of the social threat posed by the offence, the personality of the irnplementer. and circumstances conducive to the reduction or the increase of penal liabilities.
Article 73 Prescription of Penalties for Inciters The court may impose same penalties to the inciters as other participants or lighter than \vhat is prescribed by laws based on level and nature of incitement. For incite1nent to commit offence that the La'v prescribed life imprisonment or death penalty, the court may reduce the sentence to deprivation of liberl)' from fifteen years to t\venty years.
Article 74 Prescription of Penalties for Accomplices Penalty inflicted for accomplices JS san1e penalt)' inflicted for other par!icipants or lighter than 1.vhat is prescribed by La'v bused on level and nature of incitement. In prescribing penalty on accomplices in offence that the La\v prescribes death penalty or life imprisonment, the court may reduce the sentence to deprivation of liberty from fifteen years to t\venty years.
Article 75 Prescription of Penalty on Offence having Circumstances Conducive to the Reduction of Penal Responsibilities The prescription of penalty for an offence having circumstances conducive to the reduction of penal liabilities shall be made based upon the nature and degree of the social threat posed by the offence, level of commission, the intention, profile, and the personality of the offender. In prescribing penalty on an offence having circumstances conducive to the reduction of penal liabilities, the court may impose sentences with lighter penalties than what is prescribed by Law.
Article 76 Prescription of Penalty on Offence having Circumstances Conducive to the Increase of Penal Responsibilities The prescription of penalty on an offence having circu1nstances conducive to the increase of penal liabilities shall be made based upon the nature and degree of the social thre<..t posed by the offence, level of commission. the intention, profile, and the personality of the offender. In prescribing penalty on an offence having circumstances conducive ro the increase of penal liabilities, the court shall impose sentences with penalties not exceeding the limits of the relevant articles. 19
Article 77 Prescription of Penalty on Offence Having Circumstances Conducive to the Reduction and the Increase of Penal Liabilities The Prescription of penalty on an offence having circumstances conducive to the reduction and the increase of penal liabilities shall be made based upon the nature and degree of the social threat posed by the offence, level of commission and the intention, profile, and the personality of the offender.
Article 78 Prescription of Lighter Penalty than \Vhat is prescribed by Law The prescription of lighter penalty than \Vhat is prescribed by La\V is the prescription of penalty lo\ver than the limits of \Vhat legal provisions prescribe on the punishment of offences except for paragraph 2 of Article 73, paragraph 2 of .A.rticle 74 and paragraph 5 of Article 86 of this Penal Code. In prescribing lighter penalty than what is pre!'>cribcd by La\\'._ the court shall consider the nature and degree of the sociai threa1 posed by the offence, the personality of the offender and circumstances conducive to the reduction of penal liabilities. · -rhe prescription of lighter penalty than \vhat is prescribed by Lav.' shall not be less than half of minimu111 penalty provided by l~cnv. ~fo\vever, in exceptional cases, if it is proven that the offender has acted for the protection of the society or of other people, the court can pronounce penalties inferior to the half of the minimum penalty provided in the relevant article of this Penal La\V. In case of one offence or offences via lating many articles or paragraphs in the same article, the prescription of lighter penalty than what is prescribed by La\V shall not be less than half of minimum penalty prescribed in relevant article or paragraph that provides the heaviest penalty.
Article 79 Suspension of Execution of Penalty The suspension of execution of deprivation of liberty \Vi th terms, re-education without deprivation of liberty or fines as the principal penalty, is the suspension of the e..xecution 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 !ifted. But in the event a second intentional offence is committed, if the offender is sentenced to deprivation of liberty v;ith terms, re-education \Vithout deprivation of penalty or fine as principal penalty and such a sentence is final, the offender must execute the new penalty in addition to the one which hns been suspended. The suspension of the execution ofa penally can be in \Vholc or in part. For recidivists, those offenders sentenced to three years or deprivation of liberty or more, or those sentenced for crimes cannot bcnc!it fron1 suspension of execution of penalties. i"lowever, in exceptional cases., ir it is proven that the offender has acted for the protection of the society or of other people, the court can grant the suspension of the execution of penalty even for a crime. 20
Article 80 Inclusion of Preventive Custody in the Execution of the Penalty The total duration of preventive custody must be included in duration of execution of sentences of deprivation of liberty or of re-education \Vithout deprivation of liberty. One day of preventive custody is equal to one day of deprivation of liberty or three days of re-education \Nithout deprivation of liberty.
Article 81 Sending Offenders to Administrative Authorities or Relevant Organizalions for Re-education I fit is determined that the offence constitutes a minor offence and that the offender's personality does nol present any threat to\vards the society, the court may send the offender to local ad1nlnistration authorities. other State's organizations, mass organizations, civil society organizations or religious institutions for re-education. Chapter 7 The Court's Measures
Article 82 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 treatment centers. 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 sentence.
Article 83 Measures Applied by the Court towards Offenders Addicted to Alcohol or Drugs or Other Addiction For offenders addicted to alcohol or drugs or other addiction, who have committed offences and are not sentenced to deprivation of liberty, the court may apply measures of medicnl treatment in asylums or specific treatment centers. In the event such addicted offender is sentenced to deprivation of liberty, the court must apply measures of medical treatment while such offender is serving his/her 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 curing centers for alcohol or drug addiction, or entrusting him/her to receive cares by local administration authorities, other State's 21 organizations, mass organizations or civil society organizations to continue his/her 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 co~plaint 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. Chapter 8 Juvenile Offenders
Article 84 Juvenile Offenders Juvenile offenders arc offenders aged bet\vecn titlecn years and ltn<ler eighteen years \Vho co1nn1it an act or on1ission causing public Janger for \Vhich lhe la\v provides more than three years of i1nprisonment or Jes~. but \Vlthout a11y confession by the juvenile otlenders and the other party is not \\illing to n1ediate; 111 case of recidivism, offence performed as profession.
Article 85 Principles for Handling Juvenile Offenders Principles for Handling of Juvenile Offenders shall be followed: I. 1-landling of juvenile offenders aims mainly at educating and helping the1n, addressing their \vrongdoing, developing them to become useful citizens for the society; 2. [n al I cases of investigation, prosecution and adjudication of critninal acts committed by juveniles, the competent State agencies shall be able to demonstrate the dangerosity to society of their cri1ninal acts and the causes and conditions of such criminal acts: 3. Juvenile offenders n1ay be exempted from penal liabilities if they commit minor olTenccs not causing great hann and involving extenuating circumstances and being supervised, monitored and educated by their parents, gu<i.rdians, agencies or organizations. Jn rendering decision, Lhe court 1nay apply one of the incusures as provided in article 87 of this Penal Code if it is considered that prescription of penalty on .Juvenile offenders is not needed.
Article 86 Prescription of Penalties to Juvenile Offenders In prescribing penalties for a child who con1mits an oftCncc, the court shall take into account the nature and level of dangerosity lo society of such ofTence, 22 personality of the child, consequences, environment, motivation and circumstances to reduce or increase criminal liabilities. Deprivation of liberty to juvenile offenders must be a iinal measure, only for serious offences and for shortest period as possible. If deemed necessaf)' to deprive liberty of juvenile offenders, the court may prescribe a half of penalty which would be imposed to offender \Vith more than eighteen years old for the offences or lighter sentence than \Vhat is prescribed by Law. Death penalty and life imprisonment are prohibited to juvenile offenders. For offence that the Law prescribes life imprisonment, the sentence shall be reduced to ten years of deprivation of liberty. For the death penalty, the sentence shall be reduced to twenty years of deprivation of liberty.
Article 8~/ Measures Applied by the Court to\'"'ards .Juvenile OfTcndcrs For children under fifteen years of age \\ho cornn1it an act that is not causing public danger, the follo\ving measures may be applied: l. To educate the child to make understand the offences; 2. Require the child to express pardon by appropriate means; 3. Require the parents or guardians to pay civil compensation; 4. Send the child back lo parents, guardians or to relevant organizations for warning, re-education and close monitoring; 5. Require the child to present himselffherselfto relevant agencies on specified date and time; 6. Using other measures as appropriate according to the age of the child such as working for public utilities. The court may apply the above-mentioned measures to juveniles at fifteen but less than eighteen years old committing minor and major offences for which the law prescribes deprivation of liberty less than three years. Chapter 9 Legal Person's Offence
Article 88 Offence of Legal Person Offence of legal person is an oftence committed by an organ or a representative of legal person.
Article 89 Criminal Liability of Legal Person A legal person shall be liable for its offence if: I. The offence is co1nmitted on behalf or legal person: 2. The offence is co1n1niucd for the interests of the legal person; 3. ·rhe offence is con1n1illcd under the supervision, management and decision of legal person. The crin1in.al liabilities of the legal person does not exclude criininal liabilities of the individuaL
Article 90 Prescription of Penalty on Legal Person Penalty imposed on legal person is a fine as principal penalty. The tine in1posed on a legal person shall be doubled a punishment imposed to natural person as offender. Beside the fi11e for legal person, the court may decide to dissolve the business or to ban fron1 operating some type of businesses or to ban fron1 mobilizing fund or from using checks or credit card. to co11fiscate objects or undertake rehabilitation.
Article 91 Dissolution of legal person's businesses 1·he dissolution of legal person's businesses is a court's measure imposed on legal person co1nmitting offences to cease some kind of businesses with court's consideration that if the legal person continues its business activities, it may cause harm and represent a danger for the society and environment.
Article 92 Prohibiting Legal l)crson from operating some types of Business Prohibiting a legal person from operating so1ne lypcs of businesses is a tcinporary cessation of types of businesses related to legal person's offence f'ro1n one year to five years. 24
Article 93 Prohibiting a Legal Person from Mobilizing Fund Prohibiting a legal person from mobilizing funds is prohibiting mobilizing external fund for not more than five years such as loans from the banks, prohibition to trade securities, prohibition to establish fund or foundation fOr fund mobilization purposes.
Article 94 Prohibiting a Legal Person from Using Checks or Credit Card Prohibiting a legal person from using checks or credit curd is prohibiting from using checks or credit card for a maximum period of five years.
Article 95 Confiscation of Legal Person's Objects Confiscation or legal person's object must co1nply \Vi th article 53 of this Penal COOe.
Article 96 Rehabilitation The court may apply rehabilitation measures to a legal pi;:rson \vho co1nmits an offence as provided in article 56 of this Penal Code. Chapter 10 Circumstances Conducive to Exemption of Penalties, Suspension of Deprivation of Liberty Penalty and Conditional Liberation before Term
Article 97 Circumstances Conducive to the Exemption of Penalties Punishment shall be lifted under the follo\ving circumstances: I. Death of offender; 2. Expiry of the time limit for execution of the court's decision; 3. Pardon is granted to the offender; 4. Amnesty.
Article 98 Death of Offeoder Punishment of offender shall be lifted if he/she dies.
Article 97 Limitation Period for Execution of the Court's Judgment The sentences imposed by the court shalt not be executed if they exceed the following time limits: I. One year for minor offences; 2. Seven years for major offences; 25 3. Fifteen years for crimes. The time limit starts on the date the court's sentence becomes final. In the event the offender commits a ne\v offence, the time limit for the execution of the court's decision in respect of any previous unexecutcd sentence shall re-start on the date the second offence is committed. In the event the offender evades sentence during the period \Vhen sentence is still effective, the time limit shall re-start from the date the offender surrenders or is arrested.
Article 100 Pardon is granted to Offender The pardon granted to the offender is a presidential decision to reduce or to lift remaining sentences and to free a sentenced person.
Article 101 Amnesty Amnesty is the abolishment ofa criminal offence. ·rhe sentence ofa crirninal offence shall be lifted if the National /\ssen1bly approves the arnnesty and the President promulgates it.
Article 102 Exemption from Court Judgment Execution A person \Vho is sentenced to re-education \Vithout deprivation of liberty or sentenced to less than three years of imprisonment but has not served hisiher sentences yet but has made huge contribution to the nation or suffers from serious illness if such persons do not represent a public danger any longer, the court may decide, upon the proposal of the People's prosecutor, to exempt the person from the execution of tile entire sentence. For offenders of minor offence wlio have temporarily their sentences suspended as prescribed in article 103 of this Penal Code, if during the period of reprieve they have recorded great achievements for the nation, the court, upon the proposal of the People's Prosecutor, 1nay decide to exempt them from execution of remaining sentence.
Article 103 Suspension frorn Imprisonment Execution Sentenced persons may be entitled to a reprieve in the follo\ving cases \vhere: 1. 'fhcy suffer fi·om serious illness \Vhich is certified by doctor's commission, they shall be entitled to a reprieve until their recovery and then will be brought to serve their sentence; 2. Women \Vho are pregnant or nursing their children of less than one yc<1r t1ntil they are n1orc than one year; 3. Persons sentenced to less than three years of imprisonment \vho constitute main"bread and butter'· in their respective families and if this i1nprisonment sentence seriously affects their families they shall be entitled lo suspend their sentence for one year; 26 4. If the sentenced person has to perform official duties certified by his/her respective organization, except for offences representing public danger and posing a threat to tile national security, he'she shall be entitled to suspend their sentence for one year. The period of reprieve of the persons entitled thereto shall not be counted in the execution of their sentence.
Article 104 Conditional Liberation before Term Conditional liberation before term is a release of prisoners \vho have served some part of their sentences in the case of offender's progressive, repenf111g, and exemplary \Vorking offenders in detention center, having attitude changed and expressing remorse on their past aces. Prisoners \vho have been eligible to be considered for liberation before term n1ust meet the follo\Ying conditions: I. Offenders \\.h9 are less than eighteen years old at the tin1e of offence \\·ho have served half of the sentence: 2. Adult offender \vho have served two thirds of the sentence; 3. Offenders sentenced to life imprisonment \.vho have served fifteen years of the sentence. For recidivist offenders or offenders sentenced to a death penall)' whose sentence has been commuted into imprisonn1ent, they cannot be granted Iiberation before term. Chapter 11 Remission of Criminal Records
Article 105 Criminal Records Remission Persons entitled to criminal record remission shall be considered as having never been convicted. Criminal record remission is provided in Articles I 06 and I 07 of this Penal Code.
Article 106 Automatic Remission of Criminal Records The following persons shall automatically have their criminal records wiped out I. Persons who are exempted from penalties as provided in A11icle 102 of this Penal Code; 2. Persons whose sentences have been suspended do not commit new crimes within one year after suspended period is over; 27 3. Persons having completely served their sentences of deprivation of liberLy or after the expiry of the limitation period for execution of the court's judgment. do not commit ne\V offences 'vithin the follo,ving time limits: One year for minor offence; Five years for major offence; Seven years for crime. If the convicted persons \Vhose criminal records have not been remitted, con1mitted ne\V crimes, the duration of remission of the previous criminal record is to be counted from the date of complete serving the principal penalty of a ne\v sentence or fi·om the date of expiration of the limitation period for execution of the court's judgment. .\rticle !(l7 Crim!n~l Record Remission by the Court's Decision The court decides on the crin1inal record re1nission for persons charged \Vith crimes defined in Chapter I Part II of this Code, depending on the nature of the committed offences, the personality of the offenders. sentence being served and their labor behavior. The court shall decide the criminal record remission as stipulated in the above- mentioned paragraph in the follo\Ving cases: l. ·rhe convicted persons have been sentenced to imprisonment for up to five years \Vithout committing new crimes \Vithin three years of completing their sentences or after the expiry of the limitation period for execution of the court's judgment; 2. The convicted persons have been sentenced to imprison1nent for between over five years and fifteen years without committing new crimes within five years of completing their sentences or after the expiry of the limitation period for execution of the court's judgment; 3. The convicted persons have been sentenced to imprisonment for over fifteen years, life imprisonn1ent or death penalty and has been granted Presidential pardon to reduce penalty, \Vithout committing new crimes within seven years of completing their sentences or the expiry of the limitation period for execution of the court's judgment. The application for crin1inal record remission must be filed by the convicted persons or his/her guardians to the concerned court. If the court rejects for the first time, the applicant must \Vait for one more year before submitting another application therefor, if the court rejects the application for the second time, the <tpplicant must wait for l\VO years before applying for the cri1ninnl record remission. 28
Article 108 Remission of Criminal Records of Legal Person The convicted legal persons shall be automatically remitted from criminal records if they do not commit new crimes \Vithin the time limit of one year after having completely served their sentence.
Article 109 Criminal Record Remission of Juvenile Offenders The period for criminal remission of juvenile offences is half of the period specified in article 106 of this Penal Code. Juvenile offenders subjected to court measures as specified in article 87 of this Penal Code shall be considered HS having never been convicted. Part 11 SPECIFIC PART Chapter 1 Offences against National Security
Article 110 Treason to the Nation Any Lao citizen in contacl and cooperating with foreigners or foreign organizations for the purpose of undermining the independence, sovereignty, territorial integrity, political causes, defense and security, economy, or culture and society of the Lao People's Democratic Republic shall be punished by ten years to t\Venty years of imprisonment and shall be fined bet\veen 10,000,000 kip to 500,000,000 Kip. Furthermore, such person's property may be confiscated, and such person may be placed under house arrest, sentenced to life imprisonment and shall be fined from 50,000,000 kip to 700,000,000 Kip 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 organizations 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 111 Rebellion Any Lao citizen organizing or participating in activities causing civil unrest in order to overthro\v or weaken the administration shall be punished by ten years to twenty years of imprisonment and shall be fined from l 0,000,000 kip to 500,000,000 Kip. Furthermore, such person's property may be confiscated, and such person may 29 be placed under house arrest, sentenced to life imprisonment and sh.all be fined from 50,000,000 kip to not more than 700,000,000 Kip or subject to the death penalty. Any preparation or attempt to commit such an offence shall also be punished.
Article 112 Spying Any foreign individual, alien, or apatrid gathering intelligence, information, objects, processes or computer files or State or official documents of a confidential nature for the purpose of damaging or undennining the Lao People's Democratic Republic shall be punished from ten years 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. and such person may be placed under house arrest, expelled from the Lao People's Democratic Republic, sentenced to life imprisonment and shall be fined from 30,000,000 kips to 400,000,000 Kip or subject to the death penalty. Any individual gathering intelligence, information, objects, processes or con1ruter files or 'State or official documents of a confidential nnture for the purpose of relaying {themj to Lao truitors or rebels catl)'ing out activities undermining the Lao People's Democra[ic Republic shall be punished by Jive years to ten years of itnprisonmcnt and shall be fined froin 5,000,000 kir to 200,000,000 Kip. Furthermore. such person's property may be confiscated. and such person 1nay be placed under house arrest. l'he acts of Lao citizens in gathering intelligence, in!Ormation, objects, processes or computer files or State or official documents of a contidential nature for the purpose of relaying [them] to foreigners or foreign organizations 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 I l 0 of this Penal Code. Any preparation or atte1npt to commit such an otTence shall also be punished.
Article 113 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 from five years to fifteen years of imprisonment and shall be from 5,000,000 kip to 150,000,000 Kip. Any attempt to comn1it such an offence shall also be punished.
Article 114 Physical Har111 against the Interests of National Security Any person causing physical harm to leaders of the Lao People's Democratic Republic \Vith the purpose of undermining or \Veakening State authority shall be punished by ten years to l\venly years of irnprisonincnt and shalt be fined from 10,000,000 kip to 150,000,000 Kip. Where such physical hann results in death, the offender shall be punished by life irnprisonmcnt and shall be fined from 150,000,000 kip to l,000,000,000 Kip or mny be subject to the death penalty. Any person causing physical harn1 to representatives of the State, civil servants, or pct·sons perforn1i11g the activities of the Statt: or social organizations \Vith 30 the purpose of weakening State authority shall be punished by five years 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 from ten years to twenty years of imprisonment a!'ld shall be fiped from 10,000,000 kip to 100,000,000 Kip, or shall be sentenced to life imprisonment and be fined from 150,000,000 kip to 500,000,000 Kip, or shalt be subject to the death penalty. Any person causing physical harm to leaders coming to visit the Lao PDR or members of their families or accompanying delegation, or to representatives of foreign countries or international organizations \Vho are working in the Lao PDR or members of the families of those representatives, \vith the purpose of causing division in or undermining internatiCJnal relations or causing acts of war shall be punished by five years to fifteen years of imprisonment and shalt 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 and shEill be fined from J 50.000.000 kip LO L000,000,000 Kip, or shall be subject to the death penalty. In addition to the above punishments, penalties rnay include the confiscation of property and house arrest. Any preparation or attempt to commit such an otl"ence shall also be punished.
Article 115 Destruction Any person \.Vho, with the intention of undermining, or \Yeakening the State or the national economy, commits any of the following acts shall be punished by ten years to twenty years of imprisonment and shali be fined 50,000,000 kip to 500,000,000 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. Furthermore, such person's property may qe confiscated, and such person may be placed under house arrest, sentenced to life imprisonment. Any preparation or attempt to commit such an offence shall also be punished.
Article 116 Disruption of State or Social Undertakings Any person responsible for the disruption of agriculture, industry, trade, transport,, finance, or other services constituting the economic infrastructure and activities of State and social organizations [,] 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 ten years to twenty years of imprisonment and shall be fined from 50,000,000 kip to 500,000,000 Kip. Furthermore, such person's property may be confiscated, and such person may be placed under house arrest, sentenced to life imprisonment. Any preparation or attempt to commit such an offence shall also be punished. 31
Article 117 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 rumors causing disorder by words, in writing, through print, ne\.vspapers, motion pictures, videos, photographs, documents or electronic media, or by other means 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 year to five years of imprisonment and shall be fined from 5,000,000 kip to 20,000,000 Kip.
Article 118 Division of Solidarity Any person dividing or causing resentn1ent between ethnic groups, social strata and religion \\'ith th<! intention of undermining national solidarity shall be punished by one yi:ar to five ·yea1·s nf itnprisonment and shall be fined from 5.000,000 kip to 20,000.000 Kip,
Article 119 Civil Co1nmotion /\ny person V.'ho is enrolled in an armed organization and v.·ho engages in attacking and destroying planls, factories. offices, or social organizations or taking civil servants and civilians as prisoners or killing 1hen1. or robbing State, collective, or individual property \.Vith the intention of undermining the lbl1n<lations of social order shall be punished by five years to t\venty years of imprisonment nnd fined from 50,000,000 kip to 500,000,000 Kip. Furthermore, such person's property may be confiscated and such person may be placed under house arrest, sentenced to life i1nprisonme11t or subject to the death penalty. Any preparation 01" atten1pt to commit such an offence shall also be punished.
Article 120 Acts ofTerrorisn1 \Vith funds provided to the act of terrorism Acts of terrorism are actions of natural persons, groups of people, organisalions or terrorist organisation within or out of the territory of the Lao PDR as fo[IO\VS: I. Actions that aim at causing harms to the national security, socio-economic basis, foreign and international organisations, cause problems to international relations of the Lao PDR or cause chaos to people in society; 2. Violence that affects lives, health, t'i"ecdom or forces, physical and moral threat; 3. Seizure, destruction e of properties, break-in, nttack, obstruction, causing damage and chaos to computer and communication, internet systems or digital instrurncnLs of state organisations, legal persons und natural persons; 4. Processing, production, utilisation, packaging, , transportation, collecting search lbr explosives, radioactive substance, toxics, inflan1111ables, and weapons trafficking, equip111ent, vehicles including advice for certain actions \Vith ain1s defined in subparagraph l, 2 and 3 of this article; 5. Disseminating, influencing, encouraging, imposing, hiring or creating conditions, aiding for the actions defined in subparagraph I, 2, 3, 4 of this article; 6. Perform other acts considered as act of terrorism as prescribed in the La\vs, Treaties and international Conventions to \Vhich Lao PDR is a party. Any person committing an offence of terrorism shall be punished by five years to twenty years of imprisonment and shall be fined from l,000,000,000 kip to 5,000,000,000 Kip. Where such an offence is performed as part of an organized group or causing serious damages, the offender shall be punished by ten years to life imprisonment and shall be fined from 5,000,000,000 kip to 7,000,000,000 Kip and asset shall be confiscated or shall be subject to the death penalty. Any preparation or atternpr to co1n111it such an offence shall also be pu11ished.
Article 121 Destruction or Attack of Temporary Detention, Reformatory, Correction Centers Any person using forces to destroy or attack temporary detention and reformatory centers \Vith the intention to abduct or liberate accused persons, prisoners, re-educated persons in such centers, or using violence to abduct accused persons or prisoners during transfer shall be punished by five years to twenty 'years of imprisonment and shall be fined from 50,000,000 kip to 500,000,000 Kip. Such person may also be placed under house arrest or sentenced to life imprisonment. Any person causing disorder in or undermining the internal regulations of temporary detention and reformatory centers or enticing accused persons and prisoners to escape shall be punished from one year to five years of imprisonment and shall be fined from 5,000,000 kip to 50,000,000 Kip. Any preparation or attempt to commit such an offence shall also be punished.
Article 122 Joining the Enemy, Sheltering Persons Acting against the Revolution Any person who escapes to join the enemy in fighting the Lao People's Democratic Republic shall be punished by five years to ten years of imprisonment and shall be fined from 10,000,000 kip to 50,000,000 Kip. Any person concealing, hiding, sheltering or assisting a person acting against the Lao People's Democratic Republic, shall be punished by one year to five years of imprisonment and shall be fined from 5,000,000 kip to 50,000,000 Kip.
Article 123 Disclosure of State or Administrative Secrets Any person responsible for the safekeeping, preservation and use of documents pertaining to State secrets, discloses such secrets or allows the disclosure of such secrets or '.oses such documents, sha!I be punished by three years to five years 33 of imprisonment and shall be fined from 5,000,000 kip to 50,000,000 Kip. In the case of administrative secrets, the offender shall be punished by one year to three years of imprisonment and shall be fined from 3,000,000 kip to 20,000,000 Kip.
Article 124 Gatherings Aimed at Causing Social Disorder Any person organizing or participating in the gathering of groups of persons to conduct protest marches, demonstrations and others with the intention of causing social disorder, shall, \Vhere such action causes damage to the society, be punished by one year to five years of imprisonment and shall be fined fl·om 5,000,000 kip to 50,000,000 Kip. Any preparation or attempt to coinmit such an offence shall also be punished.
Article 125 Destruction and J<emoval of Boundary l\'larkers Any person intentionally destroying or darnaging any botindary marker, or inteniionally removing any boundary 1narker in a tnanncr that does nol comply \Vith the la\vs, shall be punished by six. months to three years of imprisonn1ent and shall be fined from 20,000,000 kip to I 00,000.000 Kip.
Article 126 Destruction and Denigration of the National Emblern or National Flag Any person destroying or denigrating the national emblem or the national flag in a 1nanner \Vhich affects the honor and prestige of the Lao People's Democratic Republic, shall be punished by three months to t\vo years of imprisonment and shall be fined from 5,000,000 kip to 20,000,000 Kip.
Article 127 Destruction, Denig1ation of High Level Leadership Statue, National Ancestors Any person destroying or denigrating the statue, picture, including symbol of high level leadership, national ancestors in a mnnner which affects the honor and prestige of the Lao People's Democratic Republic, shall be punished by three months to two years of in1prison1nent and shall be fined from 5,000,000 kip to 20,000,000 Kip.
Article 128 Mobilization of Unla'tvful i\!ligration 01· Immigration Any pc1·son publicly encouraging and tnisleading people into fleeing abroad, migrating or imn1igrating in contravention of the la\VS shall be punished by six. months to three years of imprisonment and shall be fined fro1n 10,000,000 kip to 50,000,000 Kip. ln severe cases or in the event of causing big losses, the off'ender shall be punished by three years to five years or in1prison1nent and shall be fined from 50,000,000 kip to 500,000,000 Kip. 34
Article 129 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[,j or importing forged bank notes for circulation in the Lao f!eople's Democratic Republic[,] shall be punished by five years to fifteen years of imprisonment and shall be fined from 50,000,000 kip to 500,000,000 Kip. Any person forging bank notes or importing forged bank notes either through an organized group or in substantial quantity shall be punished by ten years to nventy years of imprisonment and shal! be fined from 200,000,000 kip to 700,000,000 Kip. Any preparation or attempt to commit such an offence shall also be punished Any person kno\vingly making use of forged bank notes shall be punished by three months to five years of imprisonment and shall be fined from 2,000,000 kip to 5,000,000 Kip. Any person kn(11-vingly having forged bank notes in his\her possession but failing to notif'.y the aUdlOI itie5 s!1aJI be punished by three rilOtlthS 10 t\VO year~ of imprisonment and shall be titled from 1,000,000 kip to 5,000,000 Kip.
Article 130 J\!loncy Laundering Money laundering is the transformation, utilization, displacement, exchange, acquisition, possession, transfer of true O\Vnership of funds or other properties of a natural person, legal person or organization that kno•vs, knew or suspects that the properties are derived from the predicate offences to conceal or disguise their characteristics, origin. and location. This is aimed at legalizing the funds or properties. Any person commiuing an offence of money laundering for the value less than 1,000,000,000 !(ip shall be punished from three years to seven years of imprisonment and shall be fined from 300,000,000 kip to 500,000,000 Kip and asset shall be confiscated. Where such offence is for the value from 1,000,000,000 Kip or more, the offender shall be punished fi·om seven years to ten years in imprisonment and shall be fined from 500,000,000 kip to 700,000,000 Kip and asset shall be confiscated. Where such an offence is performed as part of an organized group or as a regular basis, the offender shall be punished from ten years to fifteen years of imprisonment and shall be fined from 700,000,000 kip to 900,000,000 Kip and asset shall be confiscated. Any preparation or atte1npt to commit such an offence shall also be punished,
Article 131 Financing of Terrorism The financing of terrorism is an intentional act, both direct and indirect, of a natural person, !egal persons or organisations that attempt to give, collect, acquire funds or properties, legally or illegally, \Vholly or partially, to supply funds to terrorism, whether the funds or properties are used in the actions or not. Any person committing an offence of financing terrorism for the value less than 1,000,000,000 Kip shall be punished from five years to eight years of imprisonment and shall be fined frcm 500,000,000 kip to 800,000,000 Kip and asset 35 shall be confiscated. Where such offence is for th~ value from ! ,000,000,000 Kip or more, the offender shall be punished fro1n eight years to twelve years of imprisonment and shall be fined from 800,000,000 kip to l,000,000,000 Kip and asset shall be confiscated. Where such an offence is performed as part of an organized group or as a regular basis, the offender shall be punished from fifteen years to twenty years of imprisonment and shall be fined from 800,000,000 kip to 1,000,000,000 Kip and asset shall be confiscated. Any preparation or attempt to commit such an offf:nce shall also be punished.
Article 132 Unla,vful Production, Possession and Use of Weapons or ExplosiYes Any person producing, possessing, keeping or using \.Yeapons of \Var or explosives. inch1ding pa1ts of \Veapons of \Yar or expll1si\'es in contravention of the la\VS shnll be punished by one year to five years of impris,~nment and shall he tined from 5,000.000 kip 10 50,000,000 Kip.
Article 133 Unla,vful 'frade, import of Weapons of,var or Explosives Any person trading and importing \Veapons of \Var or explosives including chetnicals used for production of explosives in contravention of the laws shall be punished by six months to five years of imprisoninent and shall be fined from 5,000,000 kip to 50,000,000 Kip. Any person purchasing, selling, importing weapons of \var or explosives or chemicals used for production of explosives as a regular profession, as part of an organized group or in a substantial quantity, shall be punished by five years to ten years of imprisonment and shall be fined from l 0,000,000 kip to I 00,000,000 Kip.
Article 134 Thefts, Embezzlement, and Robbery of Weapons or Explosives Any person obtaining weapons of \var or explosives through theft, embezzlement or robbery shall be punished by t\VO years to five years of imprisonment and shall be fined from 5,000,000 kip to 50.000,000 Kip. Any person obtaining weapons of war or explosives through theft, embezzlement or robbery as a regular profession, as a part of an organized group or in a substantial quantity, shall be punished by five years to ten years of imprisonment and shall be fined from \0,000,000 kip to 100,000,000 Kip.
Article 135 Destruction of Weapons Stock Any person destroying, dismantling or burning \VCapons slack, .o>hall be punished by eight years to t\venty years of imprisonment anJ shall be fined from 5,000,000 kip to 100,000,000 Kip. Any preparation or attempt to co1nmit such an offence shall also be punished. 36
Article 136 Loss of Weapons or Explosives Belonging to the State Any person negligently callsing the loss of \veapons of war or explosives belonging to the State shall be punis;Jed by lhree months to three years of imprisonment or by re-education \vithout deprivation of liberty, and shall be fined from 5,000,000 kip to 50.000,000 Kip.
Article 137 Offence Relating to Chemical Weapons Chemical \veapons consist of toxic or poisonous substances used for human destruction. Any person \vho engages in the production, purchase, sale, hand over, exchange, possession or transport of chemical substances for the production of chemical \veapons shall be punished as follo\vs: Any of the above acts invol\'ing chcn1ical substances under five thousand grams shall be punished by rive years to six years of imprisonment and shall be fined from 5,000,000 kip to 6.000,000 Kip; Any of the above acts involving chemical substances exceeding five thousand grams and up to ten thousands grams shall be punished by six years to eight years ofimpri3onrr.enl and shall be fined by more than 6.000,000 kip to 8,000,000 Kip; .Any of the above acts involving chemical substances exceeding ten thousand grams shall be punished by more than eight years to ten years of imprisonment and shall be fined from more than 8,000,000 Kip to I 0,0.00,000 Kip. Any person \Vho engages in the production, purchase, sale, handing over, exchange, possession or transport of [chemical weapons], or in inciting or promoting the use of chemical wi:=apons, shall be punished as follows: Any of the above acts involving chemical substances under five thousand grams shall be punished by seven years to eight years of imprisonment and shall be fined from 100,000,000 Kip to 200,000,000 Kip; Any of the above acts involving chemical substances exceeding five thousand to ten thousands grams shall be punished by more than eight years to ten years imprisonment and shall be fined from more than 200,000,000 Kip to 300,000,000 Kip; Any of the above acts involving cher·dcal substances exceeding ten thousands grams shall be punished by more than ten years to t\>.'elve years imprisonment and shall be fined from more than 300,000,000 Kip to 500,000,000 Kip. Any person who engages in the use of chetnical weapons shall be punished as follows: If such use results in minor damage, such person shall be punished by ten to fifteen years imprisonment and shall be fined fron1 700,000,000 Kip tn 37 1,500,000,000 Kip; - If such use results in substantial damage, such person shall be punished by life imprisonment and shall be fined from 2,000,000,000 Kip to 5,000,000,000 Kip. Any attempt to commit such an offence shall also be punished.
Article 138 Unlai.vful Production and Possession of Radio Communication Equipotent 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 5,000,000 kip to 50,000,000 Kip.
Article 139 Settin,g up Si:lf-clcfen.se Force and Secu1·ity Force 1vithout A.uthorization Any person setting up sci l'-de fensc force and security force \Vithout authorization sh a! I be punished by three years to five years or imprisonment and shall be fined from 10.000,000 kip to 70,000.000 Kip. Chaple.- 2 Offenses against Safety and Social Order
Article 140 Performance of Medical Profession '\Vithout License Any person treating patients ..without an official license for the purpose of generating gains shall be fined from 3,000,000 kip to 10,000,000 Kip. Where the offender has caused a patient to become an invalid or a handicap, such offender shall be punished by six months to three years of in1prisonment and shall be fined from 1,000,0000 kip to 20, 000, 000 Kip. Where the offender has caused a patient's death, such offender shall be punished by one year to five years of imprisonment and shall be fined from 2,000,000 kip to 50,000,000 Kip. Arti1.:lc 141 Forbidden Gambling Any person indulging in forbidden gan1b1ing sl1a\l be tined from 5,000,000 kip to I 0,000,000 Kip, Any person consenting 10 have his/her house used usu gun1bling premises or acting as the chief gambler or round to have engaged in [gambling I recidivisn1, shall be punished by three monlhs to t\vo years of imprisonment or by 1·e~education without deprivation oF\iberty and shall be fined from 5,000,000 kip to 15,000,000 Kip.
Article 142 Hooliganism Any person breaching the rules and discipline of social life and making use of 38 violence, threats, offensive language or other activities inconsistent with social orderliness shall be punished by public criticism and shall be fined from 1,000,000 kip to ! 0,000,000 Kip. Where such hooliganism is performed as part of an organized group or the offender is found to have engaged in [hooliganism] recidivism, punishment shall be three months to one year of imprisonment or re-education without deprivation of liberty and shall be fined from 3,000,000 kip to 15,000,000 Kip.
Article 143 Violation of !Surface! Traffic Securit}' Any person intentionally damaging roads, mod'1fying or damaging traffic signs, signals, or kilometer marks, or using violence or threats against vehicle drivers, thereby causing a traffic accident, shall be punished by six months to nvo years of imprisonrnent and shall be fined fi·om 3,000.000 kip to 10,000.000 Kip. Where such an offence results in severe injuries. physical disability or handicap. the offender shall be punished by t\\-o to five years of in1prisonment and shall be fined from 5.000,000 kip to 20,000.000 Kip. Where such an offence results in the loss of' life. the offender shall be punished by six years to ten years of imprisonment and shall be fined from 7,000,000 kip to 30,000,000 Kip. Where such an offence causes the death of 1nore than one life, the offender shall be punished by eight years to fifteen years of imprisoument and shall be fined fron1 I 0,000,000 kip to 50,000,000 Kip, Where such an offence is committed negligently, the offender shall be punished by a fine from 1,000,000 kip to 5,000,000 Kip. Where such an offence is committed negligently and results in severe injuries, injuries to several persons or physical disability or handicap, the offender shall be punished by six months to three years of imprisonment and shall be fined from 3,000,000 kip to 15,000,000 Kip. Where such an offence is committed negligently and results in the loss of life, the offender shall be punished by t\VO to five years of imprisonment and shal! be fined from 2,000,000 kip to 10,000,000 Kip. Where such an offence is co1nmitted negligently and results in the loss of more than one live, the offender shall be punished by five years to eight years of imprisonment and shall be fined from 5,000,000 kip to 30,000,000 Kip.
Article 144 Obstructing Road Traffic Any person illegally obstructing road traffic. by digging, drilling or cutting. placing obstacles, dismantling, removing, causing difficulties shall be punished by three months to two years of imprisonment or re-education without deprivation of liberty and shall be fined from 1,000,000 kip to 5,000,000 Kip. Where such an offence results in accident, the offender shall be punished by six months to three years of imprisonment and shall be fined 3,000,000 kip to I 0,000,000 Kip. 39 Where such an offence results in causing severe injuries, or physical disability or handicap, the offender shall be punished by two years to five years of imprisonment and shall be fined from 5,000,000 kip to 20,000,000 Kip. Where such an otl"ence results in the loss of life, the offender shall be punished by six years to ten years of imprisonment and shall be fined from 7,000,000 kip to 30,000,000 Kip. Where such an offence causes the death of more than one life, the offender shall be punished by eight years to t1'fteen years of imprisonment and shall be fined from 10,000,000 kip to 50,000,000 Kip.
Article 145 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 tram 1.000.000 kip to 5.000.000 Kip. Where such <tn o!Tcncc results in severe injuries, injuries to several persons or physical disability or handicap. the offender shall be punished by six n1onths to thret:0 years of in1prisonment and shall be fined n·om 4,000,000 kip to 15,000,000 Kip. Where such an offence results in the las~ or life, the offCnder shall be punished by two years to five years of in1prisonment and shull be fined from 5,000,000 Kip to 20,000,000 Kip. Where such an offe11ce results in the loss of 1nore than one live, the oft"ender shall be punished by five years to ten years of imprisonment and shall be fined from 5,000,000 kip to 50,000,000 Kip.
Article 146 Flight from the Scene of the Accident Any person who causes [or directly engages in} an accident and flees from the scene shall be punished by one year to three years of iinprisonment and shall be fined from 3,000,000 kip to 10,000,000 Kip. Any attempt to commit such an offence shall also be punished.
Article 147 Using Vehicles \Vhich Fail to Meet Safety Standards Any person using road vehicles failing to 1nect n1echanical safety standards resulting in causing accidents and injury to other persons, shal! be punished by three months to t\VO years ofi1nprison1ncnt and shall be fined 3,000.000 kip to 15,000,000 Kip. Where such nn offence results in severe injuries, or physical disability or handicap, the offender shall be punished by two ycurs to five years of imprisonment and shall be fined fron1 5,000,000 kip lo 20,000,000 Kip. Where such an oflence results in the loss of life, the olTender shall be punished by six years to ten years of itnprisonrnent and shall be fined from 7,000,000 kip to 30,000,000 Kip. 40 Where such an offence results in the loss of more than one life, the offender shall be punished by eight years to fifteen years of imprisonment and shall be tined from I 0,000,000 kip to 50,000,000 Kip.
Article 148 Assigning Unqualified Persons to Operate Road Vehicles Any person assigning persons who have no driving permits or licenses or do not fully meet other conditions prescribed by ]a\V to operate road vehicles, resulting in accident causing injury to other persons, shall be fined from 3,000,000 kip to 15,000,000 Kip. Where such an offence results in severe injuries, or physical disability or handicap, the offender shall be punished by three months to t\vo years of imprisonrnent and shall be fined from 5,000,000 kip to 20,000,000 Kip. \Vhere such an offence results in the loss of life, the offender shall be punished by t\VO years to five years of i1nprisonmenl and shail be fined fro1n 7,000,000 kip to 30,000,000 Kip. Where such an offence results in the loss of 1nore than one lifC the ofrender shall be punished by three yeat·s to seven years of imprison1nent and shall be fined fron1 I 0,000,000 kip to 50,000,000 Kip.
Article 149 lllegal Motor Racing Any person participating in illegal car, motor bicycle or other motorized vehicle races, shall be fined from 5,000,000 kip to 20,000,000 Kip or shall be punished by re-education without deprivation of liberty and shall be fined from 3,000,000 kip to l 5,000,000 K:ip. Where such an offence results in accident causing injuries, the offender shalt be punished by three months to two years of imprisonment and shall be fined from 7,000,000 kip to 25,000,000 Kip. Where such an offence results in severe injuries, or physical disability or handicap, the offender shall be punished by six months to three years of imprisonment and shall be fined from 10,000,000 kip to 30,000,000 Kip. Where such an offence results in the loss of life, the offender shall be punished by three to six years of imprisonment and shall be fined from 15,000,000 kip to 50,000,000 Kip. Where such an offence results in the loss of more than one life the offender shall be punished by five years to eight years of imprisonment and shall be fined from 20,000,000 kip to 70,000,000 Kip.
Article 150 Organizing lllegal Motor Races Any person illegally organizing races for cars, motor bicycles or other types of motorized vehicles, shall be fined from 10,000,000 Kip to 50,000,000 Kip or shall be punished by re-education without deprivation of liberty and shall be fined from 5,000,000 Kip to 20,000,000 Kip. 41 Where such an offence results in accident causing injuries, the offender shall be punished by six months to three years of imprisonment and shall be fined from I 0, 000,000 Kip to 30,000,000 Kip. Where such an offence results in severe injuries, or physical disability or handicap, the offender shali be punished by one to five years of imprisonment and shall be fined from 15,000,000 Kip to 50,000,000 Kip. Where such an offence results in the loss of life, the offender shall be punished by five years to seven years of imprisonment and shall be fined fi-om 20,000,000 Kip to 70,000,000 Kip. Where such an offence results in the loss of more than one life, the offender shall be punished by seven years to ten years of imprisonment and shall be fined from 30,000,000 Kip to I 00,000,000 Kip.
Article 151 Breaching the Reguiations on Raiiway Vehicics Tr;1ffic Any person viol11ti11g the regulations on rail\vay traftic ::.a!l.:ty. causing injuries or loss of lives, shall be punished by six months to lifteen years of in1prisonn1cnt and shall be fined from 5,000,000 Kip to 100,000,000 Kip.
Article 152 Breaching the Regulations on Safety of Watenva}' l'raffic Safety Any person violating the regulations on \Vater\Vay trallic safety resulting in accident causing injuries or loss of lives shall be punished by six m0nths to fifteen years of imprisonment and shall be fined from 5,000,000 Kip to 100,000,000 J(ip.
Article 153 Breaching Regulations Relating to the Operation of Aircrafts Any person commanding or operating aircraft but violating the regulations on air traffic safety, causing injuries or death or substantial da1nages, shall be punished by six months to fifteen years of imprisonment and shall be fined from 5,000,000 Kip to I 00,000,000 Kip.
Article 154 Putting into Use Aircrafts which Fail to Meet Safety Standards Any person directly responsible for the 1nechanical status of aircrafts but permits the use of such aircrafl which obvious!)' fail to meet technical safety standards shall be punished by one year to five years of Imprisonment and shall be fined from I 0,000,000 Kip to 50,000,000 Kip. Where such an offence results in severe injuries or loss of life or substantial da1nage, the offender shall be punished by t\VO years to ten years of in1prison1nent and shall be fined frorn 20,000,000 Kip to I 00,000,000 J(ip.
Article 155 Breaching Regulations on Maintenance, Repair or Management of Traffic Works Any pcrso11 directly responsible for the mai11tcnancc, repair or management of road, rail\vay, \Vater\vay or air\Vay traffic works but violating the regulations thereon, causing severe injuries or loss of lives or substa11tial da111age, shall be punished by six 42 months to five years of imprisonment or by re-education \Vithout deprivation of liberty and shall be fined from 3,000,000 Kip to 15,000,000 Kip.
Article 156 Dangerous Acts for Security of Ships, Airplane, Train, Cars, Airport, Harbor, Train Station or Bus Station Any person performing acts violating regulations and being dangerous for security of ships, airplane, train, cars, airport, harbor, train station or bus station causing substantial damage, shall be punished by five years to ten years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Where such an offence results in substantial damage, the offender shall be punished by ten years to t\venty years of imprisonment and shall be fined from 15,000,000 Kip to 50,000,000 Kip or shall be punished by life imprisonment and shall be fined from 50,000.000 Kip to 150.000,000 Kip.
Article 157 Hijacking Car, Ship or Airplane Any person using weapons or force to highjack, take control of or seize any car, train, ship, shall be punished by seven years to fifteen years of imprisonment and shall be fined fro1n 70.000.000 Kip to 300,000,000 Kip. Any person using \veapons or force to highjack, take control of or seize any aircraft, ship shall be punished by ten years to t\venty years of imprisonment and shall be fined from 100,000,000 kip to 500,000,000 Kip. Where such an offence causes large damage to life, health or property, [the offender] shall be punished by life imprisonment and shall be fined from l,000,000,000 Kip to 10,000,000,000 Kip. Any preparation or attempt to commit such an offence shall also be punished.
Article 158 Destroying Aircraft, Airport, Train Station, Transport Station, Harbor Any person destr~ying aircraft, airport, train station, transport station, harbor, train by \vhatever 1neans shall be punished by ten years to twenty years of imprisonment and shall be fined from 500,000,000 Kip to 3,000,000,000 Kip. Where such an offence causes large damage to life, health or property, [the offender] shall be punished by life imprisonment and shall be fined from 3.000.000.000 Kip to 20,000,000,000 Kip. Any preparation or attempt to commit such an offence shall also be punished.
Article 159 Piracy Any person attacking, plundering, destroying properties on ships, flying vehicles, other sea vehicles on sea or on place not belonging to other jurisdiction shalJ be punished by seven years to fifteen years of imprisonment and shall be fined from 70,000,000 Kip to 300,000,000 Kip. Where such an offence causes large damage to life, health or property, [the offender] shall be punished by life imprisonment and st.all be fined from l,000,000,000 Kip to I0,000,000,000 Kip. 43 Any preparation or attempt to commit such an offence shall also be punished.
Article 160 Attacking Aircraft, ..\irport or Area for Installation of Flight Facilitation Instrument Any person using force or \veapons to attack aircraft, airport or area for installation of flight facilitation instruments shall be punished by ten years to t\Venty years of imprisonment and shall be fined from I 00,000,000 Kip to 500,000,000,000 Kip. Where such an offence causes large damage to life, health or property, [the offender} shall be punished by life imprisonment and shall be fined from 500,000,000 Kip to 1,000,000,000 Kip. Any prepa1'a.tion or attempt to com1nit such an offence shall also be punished. A. rticle 161 Taking Weapons, Explosives, Dangerous Chemical Substances into Airport 01· 1\rea for Installation of Flight FacilitatiOn Instrument Any person illegally taking \Veapons . dangerous substances or any other substance that n1ight cause damage, into aircraft, airport or area !Or installation of flight facilitation instrument shall be punished by five years to ten years of i1nprisonn1ent and shnl! be fined from 100,000,000 J(ip to 500,000,000 Kip. Where such an offence causes large damage to life, health or property, {the offender] shal! be punished by ten years to t\venty years of imprisonment and shall be fined from 500,000,000 Kip 1,000,000,000 Kip.
Article 162 Dissemination of Incorrect lnforrnation on Aviation Any person disseminating incorrect information on aviation such as propaganda constituting a threat to security and security protection of aircraft, airport or area for installation of flight facilitation instrument, service staff on board or on land, flight cre\v, passengers and general public, around airport and areas affected by civil aviation shall be punished by one year to five years of imprisonment and shall be t1ned from 10,000,000 Kip to 50,000,000 Kip. Where such an offence causes substantial damages, the offender shall be punished by five years to ten years of imprisonment and shall be fined from 50,000,000 kip to I 00,000,000 Kip.
Article 163 ()pcrating Aircrafts in Violation of Aviation Regulations oftllc Lao PDR Any person operating aircrafts into or out of the Lao PDR and violating the aviution regulations oflhc Lao PDR shall be fined \0,000,000 kip to 20,000,000 Kip. Where such an offence results in substnntial damages, the offender shall be fined from 50,000,000 kip to 100,000,000 Kip.
Article 164 Disclosure of l)rotcction l\'lcasures against Illegal Access to a Coniputer System 44 Any person disclosing special protection measures against illegal access to a computer system, without permission, causing damages to the State, individuals, legal perso:is, organizations and society shall be punished by three months ti) one year of imprisonment and shall be fined from 1,000,000 Kip to 4,000,000 Kip.
Article 165 Illegal Access to a Computer System Any person using electronic instruments in a computer system with special protection system, , with the intent of obtaining data on commerce, finance or secrets of individuals, legal persons, organizations, and other data, shall be punished by three mor.ths to one years of imprisonment and shall be fined fro1n 2,000,000 Kip to 5,000,000 Kip.
Article 166 Editing Photographs, Fi!n1s, l\'lusic and Video ,,·ithout Authorization Any person editing photographs. films. inusic. video through ne'v construction. complement. modification of original. by electronic method or by any other method for dissemination through con1puter systen1, ca1 sing loss to individuals, 1 legal persons and concerned organizations, shall be punished by three months to t\VO years of imprisonment and shall be fined from 3,000,000 kip to I 0.000,000 Kip.
Article 167 Illegal Interceptions of Computer Data Any person intercepting, \Vithout right, by using electronic means, non-public transmissions of computer data to, from or \Vithin a computer system, shall be punished by three months to three years of imprisonment and shall be fined from 4,000,000 Kip to 20,000,000 Kip.
Article 168 Damages through Online Media Any person causing damages through onllne media shall be punished by three months to three years of imprisonment and shall be fined from 4,000,000 Kip to 20,000,000 Kip.
Article 169 Disseminating Obscene Products Any person disseminating obscene media through propaganda, distribution, instruction on photographs, films, music, video containing expressly sexual organ, sexual acts through computer system, shall be punished by one year to five years of imprisonmt::nt and shall be fined from 5,000,000 Kip to 30.000.000 Kip.
Article 170 Interference of Computer System Any person using computer programs, virus or other instruments to obstruct or destroy the Computer Operation System, transmitting computer data or electronic messages by hiding address or sources of data of transmitter to interfere the operating system, shall be punished by one year to five years of imprisonment and shall be fined from 5,000,000 kip to 45 30, 000, 000 K ;p.
Article 171 Falsifying Computer Data Any person using computer or computer system and electronic instruments to alter computer data by inputting, altering, falsifying electronic addresses or deleting data in computer system resulting in computer data being modified from its original state, intentionally or by means of computer instruments, falsifying \vithout authorization financial, commercial data, confidential data of individuals, legal persons and organizations, and other data, or creating fake websites to fraudulently incite internet users to input credit account data, er.edit card pin code, password for interni::t use and other data, in order to cause damage to other individuals, juristic persons and organizations. shall be punished by one to five years of imprisonment and shall be fined t""rom 5.000.000 Kip to 30,000,000 Kip. Arti.clc 172 Destruction of C'o1nputcr Data Any person deleting co1npurer data, by deletion, 1nodifYing, alteration of com::iuter data or data in the computer systen1 resulting in damaging computer data from their original state. shall be punished by three years to fiye years of imprison1nent and shall be fined fro1n 10,000,000 Kip to 50,000,000 Kip.
Article 173 Activities related to Cyber Crime Any person creating ne\v instrument, producing, importing, possessing, trading, distributing. advertising, disseminating or instructing those electronic instruments namely soft\vare, or designing computer data in order to commit cybercrin1es shall be punished by three years to five years of imprisonment and shall be fined from l0.000.000 Kip to 50,000,000 Kip.
Article 174 Offences on Telecommunication System Any person adjusting frequency or using equipment, personal telecommunication network in the frequency or equip1nent. telecommunication network of others in order to block, jam, destroy, alter, delete, illegally add, listen, steal or select for data of others, shall be punished by three months to six months of imprisonment and shall be tined from 500,000 Kip to 5,000,000 Kip. Where such an offence is con1n1itted as a regular basis or as part of an organized group. the otTender shall be punished by one year to three years and shall be rined from l ,000,000 Kip to I 0,000,000 kip.
Article 175 Brenching l~cgulations tln L11bor Safety, Labor 1-lygiene and Safety in Labor Unit Any person breaching regulations on labor safely, hygiene, and safety in \VOrk places. causing damage to the health or properly of olhcr persons shall be punished by three monlhs lo one year of in1prisonn1ent or shall be re-educated \Vithout deprivation of liberty and shall be fined from 1,000,000 Kip to I 0,000.000 Kip. 46 Where such an offence results in accident causing physical injury, the offender shall be punished by six months to three years of imprisonment and shall be fined from 2,000,000 Kip to 15,DOO,OOO Kip. Where such an offence results in causing severe injuries, or physical d:sability or handicap, the offender shall be punished by one to four years of imprisonment and shall be fined from 3,000,000 Kip to 20,000,000 Kip. Where such an offence results in the loss of life, the offender shall be punished by two years to five years of imprisonment and shall be fined from 4,000,000 Kip to 35,000,000 Kip. Where sucli an offence causes the death of more than one life, the offender shall be punished by five to ten years of imprisonment and shall be fined from 5,000,000 Kip to 50,000,000 Kip . .<\rticie i76 En1pioy1nc11f ofChiid Labor Any person employing children of fOL1rtecn years to under eighteen years to perforn1 heavy \vork, or dangerous work or in dangerous plac.es or employing children exceeding the duration as prescribed by the Labor la\V and relevant regulations or employing children to participate in armed conflict shall be punished by three months to one year of ln1prisonment and shall be fined from 3,000,000 Kip to l 5,000,000 Kip. Where such an offence results in causing severe injuries, or physical disability or handicap, the offender shall be punished by ont" year to five years of imprisonment and shall be fined from 7,000,000 Kip to 30,000,000 Kip. Where such an offence results in the loss of life, the offender shall be punished by five years to ten years of imprisonment and shall be fined from 10,000,000 Kip tO 50,000,000 Kip. Where such an offence causes the death of more than one life, the offender shall be punished by eight years to fifteen years of imprisonment and shall be fined from 20,000,000 Kip to I 00,000,000 Kip.
Article 177 Breaching Regulations on Construction Any person violating the regulations on construction, repair, extension work, dismantling, transport, and use of construction materials, machineries or construction equipment, and construction control causing injuries or substantial damage to others shall be punished by three months to one year of imprisonment and shall be fined from l,000,000 Kip to 10,000,000 Kip. Where such an offence results in accident causing injuries, the offender shall be punished by six months to three years of imprisonment and shall be fined from 2,0000,000 Kip to 15,000,000 Kip. Where such an offence results in causing severe injuries, or physical disability or handicap, the offender shall be punished by one year to four years of imprisonment and shall be fined from 3,000,000 Kip to 20,000,000 Kip. 47 Where such an offence results in the loss of life, the offender shall be punished by two years to five years of imprisonment and shall be fined from 4,000,000 Kip to 35,000,000 Kip. Where such an offence causes the death of more than one life, the offender shall be punished by five years to ten years of imprisonment and shall be fined from 5,000,000 Kip to 50,000,000 Kip.
Article 178 Breaching Regulations Relating to the Management of Radioactive Elements Any person violating the regulations relating to the management of the production, repair, supply, use, preservation, storage, trading, handing over, exchange, possession or transport of radioactive e!en1ents, shall be punished by three months to one year of imprisonment and shall be fined from 1,000,000 Kip to 5.000,000 Kip. Where such an otTi:nce results in causing severe injt1ries, or substantial loss, the offender shall be punish~d by one year to three years of imprisonment and shall be fined from 2,000,000 Kip to 10.000.000 Kip. Where such an on'ence results in accident causing injuries, the offender shall be punished by t\VO years to five years of in1prisun1nent and shall be fined from 3,000,000 Kip to 15,000,000 Kip. Where such an offence results in sevf're injuries. disability or handicap, the offender shall be punished by three years to seven years of i1uprisonmenl and shall be fined from 4,000,000 Kip to 25,000,000 Kip. Where such an otTence results in the loss of life, the offender shall be punished by five years to ten years of imprisonment and shall be fined from 5,000,000 Kip to 35,000,000 Kip. Where such an offence causes loss of more than one life, the offender shall be punished by seven years t(l fifteen years of imprisonn1ent and shall be fined from 6,000,000 Kip to 50,000,000 Kip.
Article 179 Breaching the Regulations Relating to the Management of Inflammables, Toxins Any person violating the regulations relating to the management of the production, storage, and transport or trading of innam1nables or toxins, causing serious damage, shall be punished by three months to one year of imprisonment and shall be fined from 1,000,000 Kip to 10,000,000 l(ip. Where such an oflCncc results in accide11t causing injuries, tl1e offender shall be punished by six months to three years of hnpriso111ncnt and shall be fined fron1 2,000,000 Kip to 15,000,000 Kip. Where such an o!Tcncc results in causing severe injuries, or physical disability or handicap, the offender shall be punished by one year to !'our years of imprisonment and shall be fined from 3.000.000 Kip to 20,000,000 Kip. 48 Where such an offence results in the loss of life, the offender shall be punished by two years to five years of imprisonment and shall be fined from 4,000,000 Kip to 35,000,000 Kip. Where such an offence causes the loss of more than one life, the offender shall be punished by five years to ten years of imprisonment and shall be fined from 5,000,000 Kip to 50,000,000 Kip.
Article 180 Breaching the Regulations on Safety in Operating Electricity System Any person breaching the regulations on the safety in operating electricity system by permitting the construction or the construction without permission, including the safety of the construction of houses and the installation of electricity net\VOrk; causing explosion, fires, burning forests for trail building, felling trees affecting the safety of electricity system; digging holes. driving stakes or building houses on corridors defined and designed to protect underground electric cables, shall be punished by three nionths to t\VO years of imprisonment and shall be fined fi·om L000.000 Kip to l 0.000,000 Kip. Where such an otl'ence results in accident causing injuries, the offender shall be punished by six months to three years of impri~onment and shall be fined from 2,000,000 Kip to 15,000,000 Kip. Where such an offence results in causing severe injuries, or physical disability , or handicap, the offender shall be punished by one year to four years of imprisonment - and shall be fined from 3,000,000 Kip to 20,000,000 Kip. Where such an offence results in the loss of life, the offender shall be punished by two years to five years of imprisonment and shall be fined from 4,000,000 Kip to 35,000,000 Kip. Where such an offence causes loss of more than one life, the offender shall be punished by five years to ten years of imprisonment and shall be fined from 5,000,000 Kip to 50,000,000 Kip.
Article 180 Breaching Regulations on Treatment and Medical Services Any person violating the regulations on treatment and medical examination, drug production, supply and sale of drugs or other medical services causing damage to the health of other persons, shall be punished by three months to one year of imprisonment and shall be fined from 1,000,000 Kip to 10,000.000 Kip. Where such an offence results in causing severe injuries, or physical disability or handicap, the offender shall be punished by six months to three years of imprisonment and shall be fined from 3,000,000 Kip to 20,000,000 Kip. Where such an offence results in the loss of life, the offender shall be punished by two years to five years of imprisonment and shall be fined from 4,000,000 Kip to 35,COO,OOO Kip. 49 Where such an offence causes the loss of more than one life the offender shall be punished by five years to ten years of imprisonment and shall be fined from 5,000,000 Kip to 50,000,000 Kip.
Article 182 Breaching Regulations on Factory Safety Any person not complying with the regulations on factory safety, causing damage to the health of other persons, shall be punished by three months to one year of imprisonment and shall be fined from 1,000,000 Kip to I 0,000,000 Kip. Where such an offence results in causing severe injuries, or physical disability or handicap, the offender shall be punished by six months to three years of imprisonment and shall be fined from 3,000,000 Kip to 20,000,000 Kip. Where such an offence results in the loss of lifC, the offender shall be punished by l\VO years to five years of in1prisonrnent and shall he fined from 4.000.000 Kip to J5.000.000 Kip. Where such an o[Tcn1.:c causes the loss of1norc than one life. !he offender shall be punished by five years to ten years of imprisonrncnt and shall be lined rrorn 5,000.000 Kip lo 50,000,000 Kip.
Article 183 Breaching Regulations on Food Safe!)• and flygicne Any person breaching regulations on food safety and hygiene process, causing damage to the health of other persons, shall be punished by three months to one year of imprisonment and shall be fined from 1,000,000 Kip to I 0,000,000 Kip. Where such an offence results in causing severe lnjuries, or physical disability or handicap, the offender shall be punished by six months to three years of imprison1nent and shall be fined from 3,000,000 Kip to 20,000,000 Kip. Where such an offence results in the loss of life, the offender shall be punished by two years to five years of imprisonment and shall be fined from 4,000,000 Kip to 35.000,000 Kip. Where such an offence causes the loss of more than one life, the offender shall be punished by five years to ten years of imprisonment and shall be rined from 5,000,000 Kip to 50,000,000 Kip.
Article 184 Black Magic J>1-acticcs Any person acting as fortune teller, mind reader or other forms of black magic. abusing the belief of other people and causing datnagcs on to property or health of other persons, the oll'cndcr shall be punished by three months to one year or i1nprison1ncnt or rc~educalion \Vithoul deprivation of liberty and shall be lined from 5,000,000 Kip to \0,000,000 Kip. Where such an offence results in causing serious damages or physical disability or handicap, or loss of life, the offender shall be pt1nishcd by one to rive years and shall be tined li'om 10,000,000 Kip to 30,000,000 kip. 50
Article 185 Crimes of Enticing, Compelling Juveniles to Commit Offences or Harboring Juvenile Offenders Any person enticing or co.npellingjuve01iles to commit an orfence or criminal activities or harboring jl~Venile offenders shall be punished by one year to five years of imprisonment and shall be fined from I 0,000,000 Kip to 50,000,000 Kip.
Article 186 Participation in an Organized Criminal Group or Racketeering Any person \vho participates in an organized criminal group or racketeering shall be punished by three years to six years of imprisonment and shall be fined from 30,000,000 Kip to 60.000,000 J(ip and assets shall be confiscated. Any preparation or attempt to commit such an offence shall also be punished. Article iSi Reporting Fal.si: Occurrcncc Any person intentionally reporting false occun·ence to officials or other relevant authorities to conduct any operation, shall be punished by three months to one year of imprisonment or re-edui.:ation ~vithout deprivation of liberty and shall be fined from 1,000,000 Kip to 5,000,000 Kip. Chapter 3 Offences against the Life, Health and Honor of a Person
Article188 Murder Any person intentionally causing the death of another person shall be punished by ten years to fifteen years of imprisonment and shall be fined from 5,000,000 Kip to 50,000.000 Kip. Any person com1nitting murder as a regular profession, as part of organized group, committing a planned murder, committing a barbarous murder, murdering civil servants on their duties, killing several persons, a pregnant woman, a child, wife or husband, close relatives, or people with disability, vulnerable persons, murdering for taking human organs or murdering a person to conceal another offence, shall be punished by fifteen years to twenty years of imprisonment and shall be from I 0,000,000 Kip to than 100,000,000 Kip. And may be placed under house arrest or sentenced to life imprisonment or subject to the death penalty. Any preparation or attempt to commit such an offence shall also be punished.
Article 189 Hiring Other Persons to Commit Murder Any person hiring another person to commit murder shall be punished by fifteen years to twenty years of imprisonment and shall be fined from 15,000,000 Kip to 100,000,000 Kip. 51 Where hiring to commit murder of more than one person, the offender shall be punished by life imprisonment and shall be fined from 20,000,000 Kip to 200,000,000 Kip. Any preparation or attempt to commit such an offence shall also be punished.
Article 190 Murder Committed in a State of Mental Disorder Any person intentionally causing death of another person as a consequence of being severely affected mentally or provoked, making the offender not to be able to control him\hersc!f. by illegal acts of the victim, shall be punished by three years lo five years of in1prisonro1C"nt and shall be fined from 3.000.000 Kip to 15.000.000 Kip. \\'her..: such an offence cal1ses the loss ofn1ore than one lite. the offender shall be punis!ied by five years to seven years of imprisonn1ent and shall be fined fl-01n 5,000,000 Kip to 30.000,000 Kip. Any atten1pt to coinmit such an offence shall also be punished.
Article 191 J\tlurdering or .~bandoning One's New-Born Any mot:1er \\'ho, due to whatever reason, kills or abandons her new-born to death, shall be punished by two years to five years of imprisonn1ent Where the n1urder is committed in such circumstances against more than one baby, the offender shall be punished by five years to seven years ofitnprisonment.
Article 192 Causing Death beyond the Limit of Legitimate Defense Any person committing a defense in circumstances exceeding the limit of legitimate defense causing a death to a person, shall be punished by one year to three years of imprisonn1ent or by re-education without deprivation of liberty and shall be fined ft·om 5,000,000 Kip to 15,000,000 kip. Where such an offence is causing death to more than one person, the offender shall be punished by three years to seven years of imprisonment and shall be fined from 10,000.000 Kip to 50,000,000 Kip. Article J 93 Unintentionally Causing Death to People in the Pcrforn1ance of Official Duties Any person while pedbtming their official duties, uninlentionally causing human death due to the use of violence beyond what is permitted by law, shall be punished by two to seven years of imprisonment and shall be tined from 5.000,000 Kip to 20,000,000 Kip. Where the offender comn1ils cr\ines causing death to 111ore than one person or in severe circun1stances, the offCnder shall be punished by seven years to fifteen years of imprisonment and shall be fined from l 0,000,000 Kip to 50,000,000 Kip.
Article 194 Battery Any person intentionally causing physical injury lo another person shall be punished by six months to three years of imprisonment and shall be fined from 3,000,000 Kip to I0,000,000 Kip, Where such an offence is a collective battel)' or results in severe injuries, the offender shall be punished by three years to seven years of imprisonment and shall be fined from !0,000,000 Kip to 30,000,000 Kip. Where such an offence causes invalidity, handicap, or death of the victim, the offender shall be punished by seven years to fifteen years of imprisonment and shall be fined from 30,000.000 Kip to 50,000,000 Kip. Any attempt to corn1nit such an offence shall also bt punished.
Article 195 Inflicting Injury on or Causing Harm to th c Ii ealth of other Persons lVhilc Performing Official Duty Any person \vho, \\;hile performing their official duties. recourses to the use of. violence beyond the scope permitted by ]a\v, thLlS inflicting i11jury to other persons shall be punished by six months to two years of in1prisonment or by reAeducation \.Vithout deprivation of libe-rty and shall be fined from 3,000,000 Kip to 10,000,000 Kip. Where such an offence results in causing injuries to more than one person, or severe injuries, the offender shall be punished by one year to three years of imprisonment and shall from 5,000,000 Kip to 15,000,000 Kip. Where such an offence causes invalidity, or handicap, or death of the victim, the offender shall be punished by three years to five years of imprisonn1ent and shall be fined from 7.000.000 Kip to 30,000,000 Kip. Where such an offence causes the death of more than one person, the offender shall be punished by five years to seven years of imprisonment and shall be fined from 10,000,000 Kip to 50,000,000 Kip.
Article 196 Causing Injuries to Other Persons Due to an Excess of Legitimate Defense Limit , Any person causing injuries to other persons due to the excess of legitimate defense limit shall be punished by reAeducation \Vithout deprivation of liberty and shall be fined from t,000,000 Kip to 5,000,000 Kip. Where such an offence results in causing injuries to more than one person, or severe injuries, the offender shall be punished b: six months to two years of imprisonment and shall be fined from 5,000,000 Kip to 15,000,000 Kip. Where such an offence causes invalidity, or handicap, or death of the victim, the offender shall be punished by two years to five years of imprisonment and shall be fined from 7,000,000 Kip to 30,000,000 Kip. 53 Where such an offence causes the death of more than one person, the offender shall be punished by five years to seven years of imprisonment and shall be fined from 10,000,000 Kip to 50,000,000 Kip.
Article 197 Forced Suicide Any person, who cruelly treats, constantly intimidates, mistreats or humiliates a person dependent on him/her, inducing the latter to commit suicide, shall be punished by three years to seven years of imprisonment and shall be fined from 5,000,000 K;p to 20.000,000 K;p. Any person \vho commits the crime of compelling more than one person lo commit suicide shall be punished by five years lo fifteen years of imprisonment and shall be fined from 10,000,000 Kip to 50,000,000 Kip.
Article 198 Assisting other Person to Co1n1nit Suicide Any person encouraging, assisting or promoting. creating 1naterial or mental conditions for other persons to con1mil suicide shall be punished by six months to three years of i111 prisonn1ent or by re-cducation \Vithout deprivation of liberty. Where assisting tnore than one person to commit suicide, the offender shall be punished by t\vo years to seven years of imprisonment.
Article 199 Spreading Severe Diseases to Other Persons Those persons infCcted 'vith severe diseases intentionally spreading these diseases to other persons shall be punished by two years lo five years of imprisonment and shall be fined from I 0,000,000 Kip to 50,000,000 Klp. Any person intentionally spreading severe diseases to other persons shall be punished by five years co ten years of imprisonment and shall be fined from 30,000,000 Kip to 70,000,000 K;p. Where spreading severe diseases to other persons is performed as regular profession or in organized group, the offender shall be punished by seven years to fifteen years of imprisonment and shall be fined from 50,000,000 Kip to 70,000,000 Kip.
Article 200 Causing Injury to I>crsous under one's Control Any person who cruelly Lreats persons dependent on thcn1 shall be punished by public criticisn1 or by re-education wilhout deprivation of liberty or by three months to two years of imprisonment and shall be fined fron1 500,000 Kip to 1.500,000 K;p. Where such an offence results in severe injuries or causing severe physical disability, or handicap, the ofre11der shall be punished by two years to five years and shall be fined fron1 3,000,000 Kip to I 0,000,000 kip.
Article 201 Unlawful Abortion 54 Any person performing an unlawful abortion on another person shall be punished by one year to three years of imprisonment and shall be fined from 5,000,000 Kip to I 5,000,000 Kip. Where the offender performs an unlawful abortion as a regular profession or performs an abortion and the abortion results in the degradation of the mother's health or her death, the offender shall be punished by five years to seven years of imprisonment and shall be fined from 7,000,000 Kip to 20,000,000 Kip. Any \.VOman performing an abortion by 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 3.000,000 Kip to 10,000,000 Kip. Any attempt to commit such an offence shall also be punished. Artiele 202 Non-Assistance to Persons in Danger Any person seeing another person in danger to her/his life or health, but failing to provide assistance although such assistance could have been provided. or failing 10 request the assistance of other persons, shall be punished by three months to one year of imprisonment and shall be fined from 1,000,000 Kip to 5,000.000 Kip. Any person \vho has a duty to provide assistance. but fails to perform his\her duty in providing assistance to persons in life- or health-threatening situations, shall be punished by one year to three years of imprisonment and shall be fined from J,000,000 Kip to I 5,000,000 Kip.
Article 203 Threatening to Murder Any person threatening to kil! other persons by whatever means, in circumstances such as to make the latter believe that such threat shall be realized, shall be punished by three months to three years of imprisonment or by re~education without deprivation of liberty and shall be fined from 500,000 Kip to 1,500,000 Kip. Any person threatening to kill more than one person, by abusing his/her power or in an organized group, shall be punished by t\vo years to five years of imprisonment and shall be fined from 3,000,000 Kip to I 0,000,000 Kip.
Article 204 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 1,000,000 Kip to 5,000,000 Kip.
Article 205 Defamation and Libel Any person severely damaging the honor 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 1,000,000 Kip to 5,000,000 Kip, SS Any person libeling another person through \Witten, oral or other means resulting in severe damage to the other person's honor shall be punished by three months to one year of imprisonment or by re-education \Vithout deprivation of liberty and shall be fined from 1,000,000 Kip to 5,000,000 Kip.
Article 206 Humiliating Other Persons Any person seriously infringing upon the dignity or honor of other persons shall be punished by public criticism or by re-education witl1out deprivation of liberty or by three months to one year of imprisonment and shall be fined from 1,000,000 Kip to 5,000,000 Kip.
Article 207 Insults Any person using indecent language (\vheth~r 1,vrittcn or oral) or indecent acts against another person to cause severe damage to the se<.:011<1 person's honor sh al I be punished by tflrec months to one y..:ar of in1prisonn1ent or by re-education •vithout deprivatiort ofllberty and sha!! be fined from l.000.000 Kip to 5,000,000 Kip.
Article 208 Death Caused Negligently Any person causing anotfler person's death negligently or inadvertently shall be punished by six montfls to five years of imprisonment and shall be fined ti-om 2,000,000 Kip to I 0,000,000 Kip. Where such an offence results in the death of n1orc than one person, the offender shall be punished by three years to ten years of imprisonment and shall be fined from 10,000,000 Kip to 30,000,000 Kip.
Article 209 Physical Injuries Caused Negligently Any person causing physical injury to anotfter person negligently or inadvertently shall be fined from l ,000,000 Kip to 5,000,000 Kip. Where such an offence results in severe injuries, injuries to several persons or physical disability or handicap, the offender shall be punisfled by six months to three years of imprisonment and shall be fined from 3,000,000 Kip to 15,000,000 Kip. Chapter 4 Offences against Civil Rights and Freedoms
Article 210 Genocide Any person, intentionally co1n1nitting racial, ethnic or religious cleansing, in whole or in part, or causing serious physical or mental hann lo 1nembers of the group; or imposing measures intended to prevent births within the group: for the purpose of 56 racial cleansing, shall be punished by ten years to t\venty years of imprisonment or life imprisonment and shall be fined from 1,000,000,000 Kip to 100,000,000,000 Kip.
Article 211 Taking of Hostages Any person forcing, arresting or detaining another person as a hostage and threatening to kill, physically harassing or continuing to detain such person in order to force such persons or organizations, to act or not to aC't aS a condition for their release shall be punished from ten years to twenty years of ilnprisonment and shall be fined from 20,000,000 Kip to 150,000,000 Kip. In case of Laking of hostage in aircrafts or at airports or more than two persons are taken as hostage, tortured or physically harassed, suffer harm or are caused to die, the offender shall be punished by life imprisonment and shall be fined from 150.000.000 Kip to 500,000.000 Kip. Any preparation or atten1pt to comn1it such an oftCnce shall also be punished ..
Article 212 Torture Any person corninitting an intentional act 'vhile performing official duties or not rhus ·inflicting severe pain or suffering, \Vhether physical or mental, ro other people for the purposes as obtaining fron1 him\her or a third person information or a confession, to punish the person for his/her act, or a third person's act or is suspected of having committed, or intimidating or coercing him/her or a third person, the person will be punished from five years to ten years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. When the offence causes, disability, or handicap, or death of the victim, the offender shall be punished from Len years to fifteen years of imprisonment and shall be fined from 15,000,000 Kip to 50,000,000 Kip. When the offence causes the death for more than one victim, the offender shall be punished from fifteen years to twenty years of imprisonment and sha!I be fined from 30,000,000 Kip to l 00,000,000 Kip, The suffering and physical harms resulted from lawful sentences or intentionally incurred from those punishments shall not be considered as torture.
Article 213 Human Trade Any person trading human being shall be punished from five years to ten years of imprisonment and shail be fined from 30,000,000 Kip to 70,000,000 kip. Jn case of trading of more than one person, the offender shall be punished by ten years to twenty years of imprisonment and shall be fined from 50,000,000 Kip top I 00,000,000 Kip. The purchaser shall be punished on the same charge. Any attempt to commit such an offence shall also be punished.
Article 214 Trade or Stealing of Human Organs 57 Any person trading of human organs or human flesh shall be punished from three years to seven years of imprisonment and shall be fined from 10,000,000 Kip 50,000,000 kip. Any person stealing human organs or human flesh shall be punished from five years to ten years of imprisonment and shall be fined from 20,000,000 Kip to 70,000,000 kip. Any person trading or stealing human organs or human flesh as a regular basis or in an organized group or causing serious damages, the offender shall be punished from seven years to twelve years of imprisonment and shall be tined from 30,000,000 Kip to I 00,000,000 Kip. The purchaser and transporter shall be punished on the sa1ne charge. Any attempt to commit s1.1ch an offence shall also be punished.
Article 215 liun1an Trafficking Trafficking in persons shall mean recruitment, abduction. movement, transporlation or transfer. harboring or receipt of persons, by means of persuasion, recommending. deceptio11. payment or giving benefit, inducernent, incitement or abuse or pO\'.'er. the use of threat or other forms of coercion. debt bondage, concealed child adoption, concealed engagen·,-::nt, concealed 1narriage, pregnanCJ for other, forced begging, producing, sho\.Ving and publishing pornographic materials or by other forms for the labor exploitation, sexual exploitation, slavery. prostitution, involunta1y prostitution, removal of organs for purpose of trade and other forrns of unla,vful conducts contradicting to the national fine culture and traditions or for other purposes to gain benefits. Any person engaging in human trafficking shall be punished according to each of the following cases: I. The offender involved in searching, abduction shall be published from five years to ten years of imprisonment and shall be fined from 10,000,000 Kip to I 00,000,000 Kip. 2. The offender involved in the movement, transportation and sending trafficked persons shall be published from five years to twelve years of imprisonment and shall be fined from I 0,000,000 Kip to 70,000,000 Kip. 3. The offender involved in receiving trafficked persons, domestically and internationally, providing houses or shelter shall be published from five years to Len years of imprisonment and shall be fined from 10,000,000 Kip to 50,000,000 Kip. l:;or oflCnces com1nittcd towards children under eighteen years of age, even it is only the act and tOr the purpose as mentioned above, \Vith consent or voluntarily, the offender shall be published from fifteen to l\.vcnty years of imprisonn1cnt and shall be fined from I 00.000,000 Kip to 500,000,000 Kip. Any person con1mitting an act of prostitution with the consent of the victi1n, if the offCncc fulls onto one or the purposes mentioned in paragraph l of this article, the act \Viii be considered as an act of human trafficking and the offender shall be punished from five years to fifteen years of i1nprisonment and shall be fined f'rom 10.000,000 T<ip to l 00,000,000 Kip and their asset shall be confiscated. In the case the offence is committed as a regular profession or in organized group, 58 the victim is more than one child, are close relative of the offenders, the victims are seriously injured, become invalid, disabled or handicapped and suffer from mental disorder, the offender shall be punished from fifteen years to twenty years of imprisonment and shall be fined from 100,000,000 Kip to 500,000,000 Kip and their assets shall be seized. When the offence causes the victim to be a lifetime invalid, to be infected with tIIV, the offender in human trafficking shall be punished by life imprisonment and shall be fined from 500,000,000 Kip to l ,000,000,000 Kip and asset shall seized. Any preparation or attempt to commit such an oftCnce shall also be punished.
Article 216 Abduction of Human Beings Any person engaging in abduction of human beings for ransom, or for other purposes shall be punished fi·om seven years to fifteen years of in1prison1nent and shall be fined from 30,000,000 Kip to l00,000.000 Kip. Any attempt to commit such an offence shall also be punished.
Article 217 Unlawful Arrest, Custody or Detention Any person unla\vfully arresting, putting another in custody or detaining another person shall be criticized to the public or by re-education \Vithout deprivation of liberty or punished from one year to three years of in1prisonment and shall be fined from 3,000,000 Kip to 15,000,000 Kip. Where such an offence is committed as an organized group, by abusing position, the offence is corrimitted more than one time, to several persons or to a person on official duty, the offender shall be punished by three years to five years of imprisonrnent and shall be fined from 5,000,000 Kip to 20,000,000 Kip.
Article 218 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 \Viii but contrary to the compelled person's \Viii and to the detriment of such compelled person shall be punished from three years to five years of imprisonment and shall be fined from 5,000,000 Kip 20,000,000 Kip.
Article 219 Obstruction of the Right to Vote and to be Elected Any person obstructing another person's civil right to vote or to be elected to the National Assembly or the Provincial People's council through the use of threats, bribery or misdirection shall be punished from one year to three years of imprisonment and shall be fined from 5,000,000 Kip to 15,000,000 Kip.
Article 220 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 or the Provincial People's council, shall be punished fro1n three years to five years of imprisonment and shaE be 59 fined from 7,000,000 Kip to 20,000,000 Kip.
Article 221 Violation oflnjividual F1e~do1n Any person breaching another· person's individual freedom to engage in la\\•ful speech, \Vriting, gathering, meetings and other freedoms shall be punished from one year to three years of imprisonment or by re-education without deprivation of liberty and shall be fined from 5,000,000 Kip to 20, 000,000 Kip.
Article 222 Trespass of Residence Any person committing un]a\vfiil trespass of residence through the use of force, threat or forged documents, by impersonating an ofticial or otherwise shall be punished from one year to three years of imprisonment or by re-education without deprivation of liber1y and shrill be fined from 3.000.000 Kip to l 0,000,000 Kip.
Article 223 Illegally forcing laborers, employees to leave their jobs Any person illegally forcing laborers, employees to leave their jobs for his\her O\Vn interest \Vhich causing damage shall be fined from 10,000,000 Kip to 50,000,000 Kip or by re-e<lucation \Vithout deprivation of liberty or punished fron1 one year to three years of irnprisonmeot and shhll be fined from 5,000.000 Kip to 15,000,000 Kip. A1·ticlc 224 Discrirr1ination against Women Any person, who discri1ninates, divides, obstructs, restricts any woman, to participate in any political, economic, scientific, socio-cultural or family activities, on the ground of gender shall be subject to public criticism, re-education without deprivation of liberty or shall be punished from one year to three years of imprisonment and shall be fined from 3,000,000 Kip to l 0,000,000 Kip.
Article 225 Discrimination against People with disability Any person who discriminates, divides, obstructs, puts pressure on and restricts people with disability to particip<1te in any political, econon1ic, scientific, socio-cultur<tl or fa1nily activities, on the ground of their disabilities, shall be subject to public criticism or re-education without deprivation of liberty or shall be punished from three tnonths to two years of imprisonment and shall be fined froin 3,000.000 Kip to !0,000,000 Kip.
Article 226 Discrimination against Children Any person \vho discritninatcs, divides, obstructs, puts pressure on or restricts children, on the ground of race, gender, ethnic group, religion, language, education, competency, intellectual capacity. cconomh;-social status, health, morphology, disability, origins and other grounds. children's parents, guardia11s or other n<embers of children's fan1ilics \Vhlch prevents children from enjoying their !cgititnate rights, shall be punished from one year to three years of imprisonment and shall be fined fron1 1,000,000 Kip to Go 3,000,000 Kip.
Article 227 Discrimination against Ethnic Persons Any person who discriminates, divides, obstructs, or restricts such other person from participating in any activity, on the ground of ethnicity, shall be subject to public criticism or re-education without deprivation of liberty or shall be punished from one year to three years of imprisonment and shall be fined from 3,000,000 Kip to I 0,000,000 Kip.
Article 228 Infringement upon the rights to complaint Any person abusing position, and power to prevent a complaint, to be settled or to prevent subject to the complaint or to deny the consideration of the decision rendered by concerned authorilies in and settlement of a complaint shall be punished from one year to three years or by re-education \Vithout deprivation of liberty and shall be fined from 3,000,000 Kip lo 10,000,000 Kip.
Article 229 Violation of Privacy Any person disclosing private confidential information of other person which has come to the offender's knowledge during the performance of his/her profession or duties, thereby causing damage to the other per~on, shall be punished from three months to six months of imprisonment and shall be fined from 3,000,000 Kip to ! 0,000,000 Kip. Any person unla\.vfully opening another person's letters, telegrams or other documents or listening in on a telephpne conversation bet\.veen other persons, thereby causing damage to other persons, shall be punished from three months to six months of imprisonment and shall be fined from 3,000,000 Kip to 10,000,000 Kip. Chapter 5 Crimes against property
Article 230 Robbery Any person violently attacking or using a direct threat against another person's life or health in order to take any asset shall be punished from four to eight years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Where such acts of plundering property are perfonned as a regular basis, as part of an organized group, or result in severe injuries or the loss of life or substantial damage, the offender shall be punished from eight to twenty years of imprisonment and shall be fined from 10,000,000 Kip to 50,000.000 Kip or life imprisonment and shall be fined from 20,000,000 to 70,000,000 Kip. Any preparation or attempt to commit such an offence shall also be punished.
Article 231 Theft 61 Any person illegally taking property of another to its own shall be punished from three months to three years or by re-education \Vithout deprivation of liberty and shall be fined from 1,000,000 Kip to 5,000,000 Kip. Where an offender commits theft by breaking into the house, breaking fences, doors, suitcases, \Vardrobes and others shall be punished from six months to five years and shall be fined from 3,000,000 Kip to 10,00,000 Kip. \Vhere offender commits theft on a regular basis, as part of an organized group, or result substantial damage, the offender shall be punished from three years to eight years of imprisonment and shall be fined from 5,000,000 Kip to 15,000,000 Kip. Any attempt to co1nmit such an offence shall also be punished.
Article 232 Snatching Any person taking property nf another to his\her ov,:n by snatching shall be punished trom six months to five years or itnprisonrnent and shall b~ .fined fron1 3,000,000 Kip to I0.000.000 Kip. Where otTe11der co1nn1its an act or snatching on a regular basis, as part of an organized group, causing !;CVere iqjury, or death, or result substantial damage, the offender shall be punished frotn three years to eight years of imprisonn1ent and shall be fined from 10,000,000 Kip to 30,000,000 Kip. Any atte1npt to commit such an offence shall also be punished.
Article 233 Swindling Any person engaging in trickery by any means to cause a person in charge of any asset to hand over such asset shall be punished from three months to three years of ilnprisonment and shall be fined from 5,000, 000 Kip to 20,000,000 Kip. Where the swindle is perfonncd on a regular basis, by an organized group or causes substantial damage, the offender shall be punished from three years to eight years of imprisonment and shall be fined fro1n I 0,000,000 Kip to 50,000,000 Kip, Any llttempt to commit such a11 off"ence shall also be punished.
Article 234 Embczzle1nent of Assets Any person abusing confidence in order to embezzle, misappropriate or replace any property· e11t1·usted to him/her for keeping it or for any other purpose shall be punished from three months to three years or imprison1nent and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Where such an offence is perlOrn1cd on a regular basis, as part or an organized group or causes substa11tial da1r1nge. the ollCi.Jcr shall be punished !fon1 tliree years to eight years of imprison1nenl and shall be fined fi·om l 0,000,000 Kip to 50,000,000 Kip. Any attempt to con1mit such an off'ence shall also be punished. 62
Article 235 Evading of debt payment Any person who, even before or a judicial decision establishing his or her debt, procures or \VOrsens of debt payment, by increasing the liabilities or reducing the assets of his\ her estate, or be reducing or concealing all or part of his income, or by concealing part of his or her property, \Vith a view to evading the execution of a decision of the court in relation to his or her property shall be punished from three months to three years of imprisonment and shall be fined from 5,000,000 Kip to 50,000,000 Kip.
Article 236 Destroying or deliberately damaging property Any person intentionally destroying or damaging another person's property by any means or in any manner shrill be punished from six months to three years of imprisonment and shall be fined not from 3,000,000 Kip to 15,000,000 Kip. Where such an offence causes substantial da1nage or threatens the life or health of ihe pt:opie. the offender shail be punished rrom three to ten years or imprisonment and shall be tined fi·om 5.000.000 Kip to 10.000.000 Kip. Any atte1npt to commit sucl1 an offence shall also be punished.
Article 237 Destruction of Artifacts or Architecture of Artistic \'aluc Any person \vho destroys artifacts or architecture of artistic value or exploits or takes Buddha or other \VOrship TOr destruction or trading shall be punished from two ro seven years of imprisonment and shall be fined from I 0,000,000 Kip to 50,000,000 Kip. Any person \vho destroys artifacts or architi::cture of artistic value which belong to the collectivity or private person or exports such artifacts or architecture of artistic value without permission from authority concerned shall be punished from three years to eight years of imprisonment and shall be fined from 20,000,000 Kip to l 00,000,000 Kip. Any attempt to commit such an offence shall also be punished.
Article 238 Unintentionally causing serious damages to State's or Collective Pproperty Any person unintentionally or negligently causing substantial or non-substantial damage to any State or collective assets, where such damages affect the society or the economic infrastructure shall be punished from three months to three years of imprisonment or by re-education without deprivation of liberty and shall be fined from 3,000,000 Kip to 15,000,000 Kip.
Article 239 Lack of Responsibility in !\'Ian aging State's or Collective Property Any person who has the direct duty to manage any State or collective assets and causes substantial damage to such assets due to the failure to abide by management regulations shall be punished from six months to three years of imprisonment and shall be fined from 3,000,000 Kip to 15,000,000 Kip.
Article 240 Unlawful Possession of Property Any person intentionally possessing any asset of another person that he/she has 63 acquired, gathered or exploited or that has been handed over to him/her by another person, and \Vho does not notify the authorities shall be punished from three months to two years of imprisonment and shall be fined from 1,000,000 Kip to 5,000,000 Kip. Where such an offence involves property of high va!t1e or in substantial quantity, the offender shall be punished from one year to five years of imprisonment and shall be fined from 3,000,000 Kip to 10,000,000 Kip.
Article 241 Abuse of State or Collective Property Any persons using State or collective property for personal benefits, thereby causing substantial damage to the State or collective shall be punished from three months to two years or imprisonment and shall be fined from 5,000,000 Kip to I 0, 000,000 Kip . .4..rticlc 242 Extortion of Proper{)' Any person threatening to use force or other tricks lo extort property shall be punished from t\vo years to five years of imprisonment and shall be lined fro1n 20.000,000 Kip to 50.000,000 kip and assets shall be confiscated. Where such an o.ffence is performed as a profession. as part of an organized group or causes substantial damage, the offender shall be punished fro1n threeyears to eight years of imprisonment and shall be fined fi·om 30,000.000 Kip to ! 00,000,000 Kip. Any attempt to commit such an offence shall alsu be punished.
Article 243 Neglecting Responsibilities Causing Serious Damage to the State's Property Any person who has the direct duty to manage any State asset and "H'ho causes subs1an1ial da1nage or destroy lo such assets due to the neglecting responsibility shall be punished fron1 one year to five years of imprisonment or by re-education without deprivation of liberty and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Where the offence causes substantial damage, the offender shall be punished from t\VO years to seven years of iinprisonment and shall be fined not from I 0,000,000 Kip to 30,000,000 Kip.
Article 244 Concealment and Unlawful Trade of Citizens' ProflCrty Any person accepting, purchasing, preserving, concealing or selling any property \Vith the kno\vledge that such property belongs to another person and was acquired by robbery, thell, ;nugging. swindle, e1nbezzlc1nent or othcr\visc sh<ill be punished from three n1onths to t\VO years of imprisonment and shall be fined from 3,000,000 Kip to l 0,000,000 Kip. Where such an offence is perfonned as a profession, as part o:· an organized group or causes substantial damage, the offender shall be punished from one year to five years of imprisonment and shall be fined fron1 5,000,000 Kip to I 5,000,000 Kip.
Article 245 Causing fire to other person's property by negligence 64 Any person who negligently or inadvertently causes a fire resulting in causing substantial damage to houses, building, apartment, warehouses, shops or crops of other persons or other assets shall be purished from three months to two years of imprisonment or by re-education v.'ithouc deprivation of liberty and shall be fined from 5,000,000 KIP to I 0,000,000 Kip.
Article 246 Infringement of Intellectual Property Any person infringing intellectual property, forging, fraudulent, unfair competition on intellectual property causing damage to another person shall be punished from one year to three years of imprisonment or by re-education without deprivation of liberty and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Chapter 6 Breach of Marital and Family Relationship and Customs
Article 247 Adultery A married person having a sexual relationship with a third person shall be punished from three months to one year of imprisonm(!nt or by re-education without deprivation of liberty and shall be fined froin !,000,000 l(ip to l0,000,000 Kip. The partner in adultery shall be punished on the same charges. Any attempt to commit such an offence shall also be punished.
Article 248 Rape Any person using force, armed threats, chloroform or other substances or other means to place a \.VOn1an in a state of helplessness, or abusing opportunity in order to have sexual intercourse with the woman against her \Viii, shall be punished from four years to six years of imprisonment and shall be fined from 5,000,000 Kip to 30,000,000 Kip. Where the victim of such rape is a \Voman between fifteen and eighteen years of age, dependent upon the offender's care or a patient of the offender, the offender shall be punished from six years lo ten years of imprisonment and shall be fined from 5,000,000 KIP to 30,000,000 Kip. In the event of collective rapes, rape of girls under fifteen years of age, battery during rape or a rape resulting in victim"s permanent invalidity or death, the offender shall be punished from ten to twenty years of imprisonment and shall be fined not from 10,000,000 Kip to 70,000.000 Kip. Any attempt to commit such an offence shall also be punished.
Article 249 Rape and Murdering Any person \Vho rapes the victim and then murders ~he victim shat! be punished 65 from fifteen years to t\venty years of itnprisonment or shall be sentenced to life itnprisonment and shall be fined from I 0,000,000 Kip to I 00,000,000 Kip or subject to the death penalty. Any attempt to commit such an offence shall also be punished.
Article 250 Sexual Intercourse with a Child Any person having sexual intercourse with a girl or boy under eighteen years to fifteen years of age by luring, inciting, paying or giving any type of benefit shall be punished from one year to three years of imprisonment and shall be fined from 3.000,000 Kip to 5,000,000 Kip. Any person having sexual intercourse \Vith a girl or boy from under fifteen to t•velve years of age by paying or giving any type of benefit shall be punished from three years to five years ofimprisonn1ent and shall be tined from 5,000.000 Kip to 7.000.000 Kip . .Any person having sexual intercourse \Vith a girl or boy less than l\\·elvc years ofnge by an) means shall be considered as.having comn1itted rape and that person shall be punished fro1n ten years to filleen years of irnprisonment and shall be fined fro1n 7.000,000 Kip to 15.000,000 Kip. Any person i\1ho requests, accepts, provides, recruits or offers children less than eighteen years of age for prostitution shall be considered as an offender and shall be punished as stipulated in .t...rticle 254 of this Penal Code, Articlll 251 Deceit fQr Sexual Intercourse .Any person using trickery to make a person under offender's cares or a person in the situation of necessity to have sex \Vith the offender or \Vith another person against the \.\'Oman's will shall be punished fi·om two years to five years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. In case of cheating for sexual intercourse with a child from under eighteen years to t\velve years of age, the offender shall be punished from five years to ten years and shall be fined from 10,000,000 Kip to 50,000,000 Kip. In case of having sexual intercourse with a child less than t"\velve years of age by any means sha!I be considered as having comn1itted rape on children and that person shall be punished from ten years to twenty years of imprisonment and shall be fined from 15,000,000 Kip to 70,000,000 Kip.
Article 252 Forcible Sexual Intercourse \Vith wife 1\ny person having sexual intercourse \Vith his witC againsl her \Viii by using force, threats, or \Vhcn the wife is not in a state or readiness shall be punished from three n1onths to one year of i1nprisonment or re-educated without deprivation of liberty and shall be lined from 500,000 Kip to 3,000,000 Kip. Where such an offence causing serious injury, lhc offender shall be punishi.:d from one year to five years and shall be fined ti·om 1,000,000 Kip to 5,000,000 Kip. 66
Article 253 Forcing to Prostitution Any person forcing another person to prostitution shall be punished from five years to ten years of imprisonment and shall be fined from ::.0,000,000 Kip to I 00,000,000 Kip. Any person forcing another person whO is under eighteen years of age to prostitution shall be punished from ten years to t\venty years of imprisonment and shall be fined from 30,000,000 Kip to 150,000,000 Kip.
Article 254 Procuring Prostitution of another person Any person generating income through procuring prostitution of another person in any manner whatsoever shall be punished from six months to three years of imprisonment and shall be fined fro1n I 0,000,000 Kip to 20,000,000 Kip. Where procuring prostitution of another person is performt::d on a regular basis or the forcing of a female person under the offender's guardianship into prostitution. the offender shall be punished from three years to seven years of in1pris(1nn1ent and shall be fined from 20.000.000 Kip to 100,000.000 Kip.
Article 255 Incest Any person engaging in sexual intercourse with a biological parent, parent by adoption, step-parent, grandparent, parent in la\v, biological child. adopted child, step-child, grandchild or sibling shall be punished from six months to fivl! years of imprisonment and shall be fined from 3,000,000 Kip lo 10,000,000 Kip. The partner in incest shall be punished from three months to one year of imprisonment and shall be fined from 1.000,000 Kip to 5,000,000 Kip.
Article 256 Disseminating Child Pornography Any person \Vho produces, distributes, disseminates, imports, exports, displays or sells magazines, photographs, films, .videos, VCDs, DVDs and other items of child pornography, shall be punished from one year to three years of imprisonment and shall be fined from 3,000,000 Kip to 15,000,000 Kip.
Article 257 Possession of Child Pornography Any person who possesses magazines, photographs, filn1s, videos, VCDs, DVDs and other items of child pornography, shall be punished from three months to one year of imprisonment and shall be fined from 1,000, 000 Kip to 3,000,000 Kip.
Article 258 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 sball be punished from three months to one year of imprisonment or re-education without deprivation of liberty and shall be fined from 1,000,000 Kip to 5,000,000 Kip. 67
Article 259 Outrage Any person engaging in any act that causes embarrassment of a sexual nature to another person against such orher person's will shall be punished from three months to two years of imprisonment or re-education without deprivation of liberty and shall be fined from 3,000,000 Kip to 10,000,000 Kip. In case outrage to decency of children, the offender shall be punished fron1 six months to three years of imprisonment and shall be fined ti-om 5,000,000 Kip to 20,000,000 Kip.
Article 260 Prostitution Any person engaging in prostitution shall be punished from three months to one year of imprisonment or by re-education \vithout deprivation of liberty and shall be fined from 500,000 Kip to 3,000,000 Kip. Any person assisting or fr1cili1ating prostitutiQn shall be punished from three months to one year of imprisonment or reAcducation \\·ithout deprivation of liberty and shall be fineo· fron1 5,000,000 Kip to 15,000.000 Kip. Any person v.·ho buys proslitulion service shall also be punished at the same charge.
Article 261 Failure to Perform Obligations to\vards i\finor Children, Parents or Spouse Any person failing to take care of minor children, parents in ne.;:ds, or a disabled or sick spouse in accordance \Vith a court's decision shall be punished by three months to one year of imprisonment or re-education \Vithout deprivation of liberty and shall be fined from 1,000,000 Kip 5,000,000 Kip.
Article 262 Child Sex Tourism Any person \Vho travels frorn a country to another country or from a place to another place for engagement in child prostitution or sexual activity \Vith child by creating relationship, any activity with child, or using other methods shall be punished from one year to five years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Any person \Vho procures, dissetninates, facilitates traveller in child sex tourism shall be punished from six months to two years of imprisonment and shall be fined fi·om 2,000,000 Kip to 10,000,000 Kip.
Article 263 Torture ofW01ncn and Children 68 Any person who applies corporal or mental punishment to woman by kicking, beating, tying, detaining, fasting, forcing to work exceeding limit, being unfaithful, engaging in sexual abuse shall be punished from six months to three years of imprisonment and sh:.tll be fined from 3,000,000 Kip to 10,000,000 Kip. Where such an offence is committed towards a child. the offender shall be punished from one year to five years of imprisonment and shall be fined from 5,000,000 Kip to 15,000,000 Kip,
Article 264 Disclosure of Children's Private biography Any person who reveals the identity or personal info1mation of a child -victim, suspect, accused, defendant or convicted person shall be punished from three months to one year of imprisonment or re-educated \Vithout deprivation of liberty and shall be fined from 3,000.000 Kip to 10,000,000 Kip.
Article 265 Abandonment of Children Any person \Vho intentionally abandons a child sl1all be punished from six months to t\VO years of imprisonment and shall be fined from 5.000.000 Kip to 20.000,000 Kip. If the abandonment results in child's disability, handicap or death, the offender shall be punished from three years to seven years of imprisonmt':nt and shall be fined from 7,000,000 Kip to 30,000,000 Kip.
Article 266 Sexual Act Committed by Monk, Novice, Nun or Hermit Any monk, novice, nun and hermit who commits a sexual act \Vith a female or male person, or between themselves shall be punished from six months to three years of imprisonment and shall be fined from 3,000,000 Kip to I 0,000,000 Kip. Any female or male person who willingly commits a sexual act with a monk, novice, nun or hermit shall be punished on the same charges.
Article 267 Dissemination of Pornographic Objects and Objects Contrary to Fine Traditions Any person engaging in widespread production, directly or indirectly, distribution, or dissemination of pornographic items, magazines, pictures, video cassettes and other materials contrary to fine traditions shall be punished from three months to one year of imprisonment and shall be fined from 3,000,000 Kip to 10,000.000 Kip.
Article 268 Forced marriage or divorce and prevention of marriage or divo1·ce Any person forcing other person under his or her supervision to marriage, divorce or preventing other person from marriage or divorce shall be fined from 2,000,000 Kip to 5,000,000 Kip. Any person forcing other persons into marriage against their will or prevent other persons from entering into marriage shall be punished from three months to one year of 59 imprisonment or re-education \Vithout deprivation of liberty and shall be fined from 3.000.000 K;p to 5,000,000 K;p. In case of forcing the minor child under eighteen years of age to marriage, the offender shall be punished from one to three year of imprisonment or re-education without deprivation of liberty and shall be fined from 4,000,000 Kip LO 15 ,000,000 Kip.
Article 269 Marriage with minors Any person entering marriage with a child who is underage of marriage shall be punished from three months to one year of iniprisonment or re*cducation without deprivation of liberty and shall be fined from 2,000,000 Kip to 5,000,000 Kip. Any person authorizing child who is underage of eighteen years old to marriage shall be also punished in the same charge.
Article 270 Inappropriate treatment towards close relatives Any person \Vho mistreats or persecutes their grand~parcnts, parents, spouses, children, grand*children or fosterers, thus causing serious conse~1uences to dignity, fine national traditions shall be punished frorn three months to one year of imprisonment or re* education without deprivation of liberty and shall be tined fi·on1 1,000,000 Kip to 5,000,000 Kip. Chapter 7 Crimes of Infringing upon the Economic Management Order
Article 271 Markel Manipulation Any person who commits an act that affects price or volume of traded securities shall be punished by six months to three years of imprisonn1ent and shall be fined from 300,000,000 Kip to 500,000,000 Kip and assets shall be confiscated. Where such an offence is performed on a regular basis, as pa11 of an organized group or causes substantial damage, the offender shall be punished from five years to seven years of imprisonment and shall be fined fron1 500,000,000 Kip to 700,000,000 Kip and assets shall be confiscated. Any preparation, attempt to commit such an offence shall also be punished.
Article 272 T1·ading of inside data Any person who con1mits offence on prov1s1on, lllilization, receipt, transmission, disclosure or dissemination of internal data for securities trading on behalf of oneself or others for interest of oneself or others shall be punished from six months to three years of imprisonment and shall be fined fi·om 300,000,000 Kip to 500,000,000 Kip and assets shall be confiscated. \Vhcre such an offence is performed on a regular basis, as part of an organized group or causes substantial damage, the oflCnder shall be punished from five years to seven years 70 of imprisonment and shall be fined from 500,000,000 Kip to 700,000,000 Kip and assets shall be confiscated, Any preparation, attempt to coinmit such an offence shall also be punished.
Article 273 Inducement Customers to buy, sell Stock Exchange Any person \Vho induces customers to buy, sell stock exchange inappropriately for your own purpose or to promise for something from buying, selling stock exchange shall be punished from three months to one year of imprisonment and shall be fined from 30,000.000 Kip to 50,000,000 Kip.
Article 274 Creation ancl l)rovision Data on Untrue Stock Market Any person whn creates and provides data on untrue stock market \vhich affects the decision of investors cind n1nking instability of the stock n1arket shall be punished fi·on1 six months to three years or imprisonment and shall be fined from 300,000,000 Kip to 500,000,000 Kip.
Article 275 Productii>n, Sale of Consumer Goods or Medicines, Cosmetics that are Hazardous to Health Any person by carelessness producing, distributing or selling any degraded or expired drinks, food suh as meal, fish, fruits, vegetables or other consumer goods or medicines or cosmetics that contain residues harzardeous to human health shall be fined from 7,000,000 Kip to 15,000,000 Kip. V.'here such an offence is intentional or causing serious damages, the offender shall be punished from three months to three years of imprisonment and shall be fined t'i-om 5,000,000 Kip to I 0,000,000 Kip.
Article 276 Production, Transportation, Import, Sale or Exchange of Prohibited Goods Any person producing, transporting, importing, selling or exchanging any prohibited goods shall be punished from three months to two years of imprisonment and shall be fined from 5,000,000 Kip to 15,000,000 Kip. Where such an offence '"is performed on a regular basis, as pa11 of an organized group or causes substantial damages, the offender shall be punished from one year to three years of imprisonment and shall be fined from I 0,000,000 Kip to 50,000,000 Kip.
Article 277 Opportunistic Rising of Prices Any person opportunistically raising prices of goods, service cost or selling goods at excessive prices during periods of drought, flood or difficult situations in an affected locality shall be punished from six months to two years of imprisonment and shall be fined from 3,000,000 Kip to 10,000,000 Kip.
Article 278 Hoarding of Goods 71 /\ny person hoarding or concealing goods in any enterprise, company, shop or else\vhere for the purpose of creating instability in the economy and the people's lives shall be punished from one year to four years of imprisonment and shall be fined from I 0,000,000 Kip to 50,000,000 Kip.
Article 279 Unlawful S&le of State or Collective Goods Any person with the duty to sell goods in State or collective shops who unla\vfully sells such goods because of greed shall be punished from six months to two years of imprisonment and shall be fined from 3,000,000 Kip to I 0,000.000 Kip. Any attempt to commit such an offence shall also be punished.
Article 280 Falsification of Scales or Measurement 1\ny person tampering with scales and measurc1ncnts during the sa}c ol' goods and barlcr. or making use of substandard scales and measurements lo gain in goods or money shall be punished from six months to t\VO years of imprisonment and shall he fined from 5,000,000 Kip to I 0,000, 000 Kip.
Article 281 Falsification of Bank Checks, Unla,vful Use of Bank Checks or other Bonds Ariy person falsifying checks or bonds by changing or adding any inforn1ation to cash •Vith a bank, exchange for goods or for any other use shall be punished from six months to three years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Any person using bounced checks, or checks in excess of the deposit account's balance or engaged in unlawful sale and exchange of checks shall be punished from six months to three years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip.
Article 282 Destroying of Bank Notes or Coins Any person destroying bank notes or coins by cutting, 1naking holes, tearing, writing, printing, sta1nping, 111arking on bank notes or other manners causing damages or making them useless shall be punished l'rom six months to three years of imprisonment or re- education \Yithout deprivation of liberty 2and shall be fined from 5,000,000 Kip to 20,000,000 Kip.
Article 283 Violation of State's Tax I~cgulations Any person violating State's tax regulations, by evading, concealing his/her obligation to\vards the Slate or docs ll()t pay tax in accordance with Laws such as customs for i1nporL-cxport, taxes, royalties. and other and fees, shall be punished from three months to five years ofi1nprison1nent and shall be fined fi·on1 5,000,000 Kip to 20,000,000 Kip. A.rticlc 284 Illegal In1port-Export of Goods 72 Any person illegally importing or exporting goods by smuggling \Vithout permission from relevant authoricies concerned shall be punished from three months to three years and shall be fined from 1,000,000 Kip to I 0,000,000 Kip. Where such an offence is performed on a regular basis, as part of an organized group, the offender shall be punished from one year to five years of imprisonment and shall be fined from 3,000,000 Kip to 20,000,000 Kip.
Article 285 Violation of Regulations on Currency Management Any person violating regulations on currency management on a regular basis and as part of his/her profession by committing the follo,ving acts: I. To announce or advertise prices and other values in foreign currencies; 2. To receive payment, service fees, reimburse1nent, pay salaries, pay taxes 1n foreign currencies: 3. To conduct currency business and nloney exchange business \Vithout license; 4. Unla\vfully fix, anti'ounce and C!pply exchange rates of commercial banks. exchange bureau and other services; 5. Open saving account oversea \Vithout authorization ft·om the Bank of Lao PDR; 6. Fail to report on revenue, expenditures in foreign currencies to the Bank of Lao PDR; 7. 1ssue or receive loans and credit \Vith foreign entities \Vithout authorization; 8. To import-export foreign currencies, Lao Kip exceeding the authorized amount 'vithout declaring customs at border check points or \Vithout authorization from the Bank of Lao PDR, the offender shai! be punished from six months to tWo years of imprisonment and shall be fined from 3,000,000 Kip to 10,000000 kip.
Article 286 Illegal Transportation of Goods through the Lao PDR Any person illegally transporting goods through the Lao PDR shall be punished from three months to one year of imprisonment and shall be fined from 3,000,000 Kip to I 0,000,000 Kip. Where such an offence is performed on a regular basis, as part of an organized group or causes substantial damages, the offender shall be punished from one year to three years of imprisonmeilt and shall be fined from 5,000,000 Kip to 20,000,000 Kip.
Article 287 Illegal Transportation of Foreign Currency through the Lao PDR Any person illegally transporting foreign currencies through the Lao PDR shall be punished from six months to two years and shall be fined from 3,000,000 Kip to 10,000,000 Kip. Where such an offence is performed on a regular basis, as part of an organized group or causes substantial damages, the offender shall be punished from two years to five years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. 73
Article 288 Manufacturing, Trading of Fake Goods Any person 11anufactur;ng, trading of fake goods or making copies shall be punished from three months to t\VO years of imprisonment and shall be fined from 5,000,000 Kip to 10,000,000 Kip. Where such an offence is performed on a regular basis, as part of an organized group or causes substantial damages, the offender shall be punished from one year to three years of imprisonmen! and shall be fined from I 0,000,000 Kip to 50,000,000 Kip.
Article 289 Counterfeit, Deceive and Fraud on Qualit)• Any person \Vho counterfeits, deceives and commits frauds on quality of products, gciods, <>ervices and environment which poses danger to other persons shall be punished from three inonths to {\VO years and shall be tined from 3,000,000 Kip to 10,000,000 Kip. Where such an offence causes serious injury, invalidity. disability, handicap or death, th.;: oflender shall be punished Jfom three years to ten years of imprisonment and shall be fined frotn 50,000,000 Kip to 150.000.000 Kip. Where such an otTcncc cuuses death to several persons, the offender shall be punished from five years lo t\VCnty years of imprisonment or lite in1prisonment and shall be fined from 100,000,000 Kip to 1,000,000,000 Kip.
Article 290 Manufacturing, Trading in Fake Food, Foodstuffs, Curative Medicines, Preventive Medicines 1\ny person \Vho produces or trades fake food, foddstuff, curative medicines, p1·eventive medicines or n1aking copies shall be punished from six months to three years of imprison1nent and shall be fined from 3,000,000 Kip to 10,000,000 Kip. Where such an offence is performed on a regular basis, as part of an organized group, resulting in a person's disability, handicap or death, the off"ender shall be punished from three years to eight years of imprisonment and shal! be fined from I 0,000,000 Kip to 50,000,000 Kip. Any preparation or attempt to co1nmit such an offence shall also be punished.
Article 291 Manufacturing, Trading Fake Animal Feeds, Fertilizers, Veterinary Drugs1 pesticides, Plant Varieties, Anin1al Breeds. Any person \Yho produces or tr;1des l'ake animal feeds, fertilizers, veterinary drugs, pesticides. plant varieties or 1naking copies, shall be punished fl-om three months to one year and shall be fined !'ram 5,000,000 Kip to 10.000,000 Kip. Where such an offence is pcrlOrmed on a regular basis, 01s part of an organized group or causing serious da111ages, the offender shall be punished from one year to three years of imprisonment and shall be fined from 7,000,000 Kip to 15,000,000 Kip. Any attempt to co1nmit such an offence shall also be punished. 74
Article 292 Selling or concealing of animals or animal products infected by diseases Any person, intentionally, selling or concealing animals and animal products infected by dise.ases shall be punished from six months to three years of imprisonment and shall be fined from 3,000,000 Kip to I 0,000,000 Kip. Where such an offence causes serious damages, the offender shall be punished from three years to seven years of imprisonment and shall be fined from I0,000,000 Kip to 30,000,000 Kip. Any attempt to commit such an offence shall also be punished.
Article 293 Unauthorized movement of plant, plant products and other controlled items Any person moving out plant, plant products and other controlled objects \Vithout authorization from relevant organizations shall be punished from three months to one year and shall be fined from 5,000,000 Kip to 10,000,000 Kip. Where such an offe11ce causes serious damages. the offender shall be punished from one year to three years of imprisonment and shall be fined from 7,000,000 Kip to 15,000,000 Kip. Any attempt to commit such an offence shall also be punished.
Article 294 Illegal import-export of plant, plant products or other controlled items through Lao PDR Any person illegally importing-exporting plant, plant products or other controlled items affected by plant diseases through Lao PDR without authorization from relevant authorities shall be punished from three months to one year of imprisonment and shall"be fined from 5,000,000 Kip to 10,000,000 Kip and assets shall be confiscated. Where sue~ an offence causes serious damages, the offender shall be punished from one year to three years of imprisonment and shall be fined from 10,000,000 Kip to 30,000,000 Kip and assets shall be confiscated. Any attempt to commit such an offence shall also be punished.
Article 295 Trading, distributing or Storage of plant, plant products or other controlled items Any person intentionally selling, distribute or storing plant, plant products or other controlled items from quarantine sites causing serious damages shall be punished from three months to one year of imprisonment and shall be fined from 5,000,000 Kip to I 0,000,000 kip. Where such an offence causes serious damages, the offender shall be punished from one year to three years of imprisonment and shall be fined tram I 0,000,000 Kip to 30,000,000 K;p. Any attempt to commit such an offence shall also be punished.
Article 296 lmporting, Breeding or Possession of controlled Pest.£ 75 Any person importing. breeding or possessing pests shall be punished from three months to one year of imprisonment and shall be fined from I 0,000,000 Kip to 30,000,000 Kip. Any attempt to commit such an offence shall also be punished.
Article 297 Conducting Business Illegally Any person running business without enterprise registration and running business not in accordance with the objectives of the enterprise shall be punished from three months to one year of imprisonment or re-education v.'ithout deprivation of liberty and shall be fined from 5,000,000 Kip to 10.000.000 Kip.
Article 298 Usury Any person who provides !OHi1 as business \Vithout any license frorn concerned authority and then prr,vides the annual interi.:st rates higher than thirty six per cent shall be punished from three n1onths t0 one year of imprisonment or re-education 'rvithout deprivation of liberty and shall be fined fron1 5,000,000 to 10,000,000 Kip.
Article 299 Breaching State's Regulations on Econo1nic l\-1anagc1nent Any person who exercises his/her rights, abuses position, po\vers or uses his/her rights, pov..'er exceeding the li111it defined by Law \Vhich is a deliberate breach of State's regulations on economic manag:en1ent causing substantial damages shall be punished from six months to three years of imprisonn1ent and shall be fined from 5,000,000 Kip to 30,000,000 Kip.
Article 300 Making False Reports on Economic Management Any person making false reports on economic management by providing untrue data or documents, thus causing serious consequences on nation's socio-economic development shall be punished from one year to three years of imprisonment and shall be fined from S,000,000 Kip to 30,000,000 Kip.
Article 301 Breaching Regulations on .4.ecounting lvlanagers of cOnlmercial banks or other financial institutions or other persons deliberately establishing or recording false accounting, falsifying or destroying banks' account or customers' account shall be punished from three months to one year of i1nprisonment and shall be lined fro111 5,000,000 kip to 20,000,000 Kip. Where such an oftCnce causes substantial da111ages, the o!Tendcr shall be punished from one year to five years oC impriso111nent and shall be fined frotn I 0,000,000 Kip to I 00,000,000 Kip.
Article 302 Providing 1'~alse Statement on Accounting Any person \.vho reports or provides false statement on accounting which is important 76 and fundamental data for releasing credits of commercial banks shall be punished from one year to five years of imprisonment and shall be fined from I 0,000,000 Kip to 100,000,000 Kip,
Article 303 Violation of Business Competition Any person who violates business competition by leading misunderstanding, violates business confidentiality, being force to run business, tarnish business operator's reputation, creating hindrance to business, putting wrongful and unrealistic advertisement, unfair business pro1notion, discrimination within business association, or restrict business competitiveness by agreed restriction cf business, abuse of monopoly or merging business to restrict business or other behavior as prescribed in relevant La'.VS and regulations shall be fined from 1,000,000 Kip to 20,000,000 kip. Where such an offence is performed on a regular basis, as part of an organized group or causing serious damages over 1.000,000.000 Kip. ~he offender shall be punished from three months to l\\·o years of imprisonment and shall be fined fi·om 10.000.000 Kip to 100,000.000 Kip. A1·ticle 304 Uunfair Con1petition on Insurance Any person who performs unfair competition on insurance that causes damages to others shall be imprisoned from three months to two years of imprisonment and shall be fined from 1,000,000 Kip to 20,000,000 Kip.
Article 305 Wrongful Advertisement Any person who deliberately and \vrongfutly advertises goods or services causing substantial damages shall be punished from three months to three years of imprisonment or re~education without deprivation of liberty and shall be fined from 5,000,000 Kip to 20,000,000 Kip.
Article 306 Deliberate Breaching the Regulations on Money Donations and Goods Any person abusing his/her positions, powers or using his/her rights, and authorities exceeding the limits defined .9Y Law as an act that breaches State's regulations on distribution of money and goods for relief efforts which causing substantial damages shall be punished from three months to three years of imprisonment or re-education without deprivation of liberty and shall be fined from 5,000,000 Kip to 10,000,000 Kip.
Article 307 Breaching the Regulations on the Protection of Industrial Property and ne1"v Plant Deeds Any person having the competence to authorize the protection of industrial property and new plant deeds but breaches the law and regulations on the protection of industrial property and plant deeds or abuses his/her rights, position, exceeding which is permitted by Law causing substantial damages shall be punished from six months to two years of imprisonment or re-education \vithout deprivation of liberty and shall be fined from 5,000,000 Kip to I 0,000,000 Kip. 77
Article 308 Breaching Regulations on Natural Resource Surveys and Explorations Any person who breaches the regulations on narura 1 resource surveys, exploration, exploitation, thus causing damages shall be punished from one year to three years and shall be fined from 20,000,000 Kip to l 00,000,000 Kip. Where such an offence is performed on a regular basis, as part of an organized group or causing serious damages, the offender shall be punished frorn t\vo years to five years of imprisonment and shall be fined from 50,000,000 Kip to 200,000,000 Kip.
Article 309 Breaching Regulations on Land Use Any person who violates the regulation on land use by occupying and occupying land or transferring and use rights or use land not in compliance \Vith the regulations on land rnanagement and use, causing serious damages shall be punished from six inonths lo t\vo years of imprisonment or re-education \Vithout deprivation of liberty and shall be fined fi·on1 5,000.000 Kip to 10,000,000 Kip. Where such an ofTence is performed on a regular basis. as part or an organized group or causing serious damages, the offenJer shall be punished from one year to five years of imprisonment and shall be fined fron1 !0,000,000 Kip to 30,000,000 Kip.
Article 310 Breaching Regulations on Land Management Any person who violates the regulation on land management by illegally taking advantage of or abuse their positions or powers beyond that limit of which is permitted by La\V for assigning, handing over, leasing, granting concession, transferring or n1odi(ving the land use right shall be punished tl·om six 1nonths to l\VO years or re-education \Vithout deprivation of liberty and shall be fined from 5,000,000 Kip to 15.000,000 Kip. Where such an offence is performed or. a regular basis, as part of an organized group or causing serious damages, the offender shall be punished from one year to seven years of imprisonment and shall be fined from 10,000.000 Kip to 30,000,000 Kip.
Article 311 Breaching Regulations on Forest Exploitation and Protection Any person who breaches the regulations on forest exploitation and protection by illegally exploring, exploitation, transporting or trading \VOOd, timber, sawn wood, processed \vood shall be punished fro1n six months to l\VO years and shall be lined from l 0,000,000 kip to 50,000,000 Kip. Where such an offence is perforn1ed on a regular basis, as part or an organized group or causing serious damages, the offender shall be punished from one year to five years of imprisonn1ent and shall be fined fl·orn 50.000,000 Kip to 100.000.000 Kip.
Article 312 Breaching Regulations on Forest l\llanagcmcnt Any person who breaches the regulations on forest manage1nent by taking advantage of or abusing his/her positions and po\vers in nn inappropriate n1anncr or beyond the limit of what is permitted by la\v to define forest zone or forest land, to illegally transfer, exploit, 78 practicing slash and burn, or transporting wood products and non timber forest products or in violation of the regulation on \vood measurement, wood marking shall be punished from six months to three years of imprisonment and shall be fined from 10,000,000 KfP to 30.000,000 Kip. Where such an offence is performed on a regular basis, as part of an organized group or causing serious damages, the offender shall be punished fl'om three years to seven years of imprisonment and shall be fined from 30,000,000 Kip to 100,000,000 Kip.
Article 313 Breaching Regulations on Electricity or Water Supply Any persons responsible for electricity and water supply \Vho breaches the regulations on electricity or water supply by unreasonably cutting electricity or \Yater supply or without prior 24 hours' notice, denies to supply electricity or \Vater without any reason, uncontinuously and unsafely electricity or \Vater supply, illegally recordsmonthly electricity or \Vater consumption. delays in addressing problerns related to elet:tricity or \Yater ma!ters upon receiving complaints or suggestions \Vithin 24 hours shall be pl1nished fron1 six months to three years or re-education \\'ithout deprivation of liberty and shall be fined from 3.000,000 Kip to l 0.000.000 Kip. Chapter 8 Offences relating to Narcotics
Article 314 Production, Trade, Distribution, Transportation, Possession or Import, Export or transit Heroin, Morphine or Cocaine through Lao PDR Any person who produces, trades, distributes, transports, possesses or imports, exports below one hundred (I 00) grams of heroin, morphine or cocaine through the Lao People's Democratic Republic shall be punished from ten years to fifteen years of imprisonment and shall be fined from 50,000,000 Kip to I 00,000,000 Kip and assets shall be confiscated. Any person who produces, trades, distributes, transports, possesses or imports, exports heroin, morphine or cocaine through the Lao People's Democratic Republic on a regular basis, as part of an organized group or in a quantity ranging between one hundred (100) grams to three hundred (300) grams shall be punished from fifteen years to twenty years of imprisonment and shall be fined from 100,000,000 Kip to 500,000,000 Kip and assets shall be confiscated. Any person \vho produces, trades, distributes, transports. possesses or imports, exports more than three hundred (300) grams to five hundred (500) grams of heroin, morphine or cocaine through the Lao People's Democratic Republic shall be punished by life imprisonment and shall be fined from 500.000,000 Kip to 1,000,000,000 Kip and assets shall be confiscated. Any person, '.Vho produces, trades, distributes transports, possesses or imports, exports 1nore than five hundred (500) grams of heroin, morphine or cocaine through the Lao People's Democratic Republic, shall be punished by death penalty and assets shall be confiscated. Any preparation, attempt to commit such an offence shall also be punished. 79
Article 315 Production, Processing, Trade, Distribution, Transportation, Possession or Import, Export or Transit amphetamines, ice or other psychotropic substances through Lao PDR Any person who produces, processes, trades, distributes, transports, possesses or imports, exports or transit through the Lao People's Democratic Republic of belo\v one hundred (I 00) grams of an1phetamines., ice or other psychotropic substances shall be punished from five years to ten years of imprisonment and shall be fined frotn 10,000,000 Kip to I 00,000,000 f(ip and assets shall be confiscated. Any person who produces, processes, trades, distributes. transports, possesses or in1ports, exports or transits through the Lao People's Democratic Republic from one hundred (100) grams to five hundred (500) grams of amphetamines, ice or other psychotropic substances on a regular basis, as part of an organized group shalt be punished from ten years to twenly years of imprisonment and shall be fined fron1 I 00,000,000 Kip to 500,000,000 Kip and assets shall be confiscated. ,\ny person \Vho produces, ·processes, trades, distributes. transports, possesses or irnports, exports or transits through the Lao People's Dc1noc1atic 1-~cpublic n1orc than five hundred (500) grains to three (3) kilograms of arnphetatnines. ice or other psychotropic substances shall be punished by life imprisonment and shall be tined ~llnl 500,000,000 Kip to 1,000,000,000 Kip and assets shall be confiscated. Any person, who produces, trades, distributes transports, possesses or imports, exports or transits through the Lao People's Democratic Reptib!ic rnore than three (3) kilograms of amphetamines, ice or other psychotropic substances, shall be punished by the death penalty. Any preparation, attempt to co1nmit such an offence shall also be punished.
Article 316 Production, Processing, Trade, Distribution, l'ransportatiou, Possession or Import, Export or transit precursors for the production of narcotics through Lao PDR Any person who produces, processes, trades, distributes, tran.<;ports, possesses or imports, exports or transits through the Lao People's Democratic Republic less than five hundred (500) grams of precursors for the production of narcotics shall be punished from five years to ten years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip and assets shall be confiscated. Any person \Vho produces, processes, trades, distributes. transports, possesses or imports, exports or transits through the Lao People's Democratic r{epublic precursors for the production of narcotics on a regular basis or as part of an organized group or in a quantity ranging from five hundred (500) grams to one(\) kilogra1n shall be punished frorn ten years to twenty years of imprisonment and shall be fined rrom 20,000,000 KIP to \00,000,000 Kip and assets shall be confiscated. Any person \'.'ho produces, processes, trades, distributes, transports, pos~csses or imports, exports or transits through the Lao People's Democratic f{cpt1blic more than one (I) kilogran1 up to ten (I 0) kilograms of precursors for the prodllction or narcotics shall be punished by life imprisonment and shall be fined from 100,000,000 Kip to 500,000,000 Kip and assets shall be confiscated. Any person who produces, processes, trades, distributes, transports, possesses or 80 imports, exports or transits through the Lao People's Democratic Republic more than ten (10) kilograms of precursors for the production of narcotics shall be punished by the death penalty. Any preparation. attempl to commit such an offence shall also be punished.
Article 317 Planting, Production, Processing, Trade, Distribution, Transportation, Possession or Import, Export, or transit opium through Lao PDR Any person who plants. produces, trades, distributes, transports, possesses or imports, exports or transits through the Lao People's Democratic Republic less than one (I) kilogram of opium for trading shall be punished from l\VO to ten years of imprisonment and shall be fined from 1,000,000 KIP to 10,000,000 Kip and assets shall be confiscated. Any person \.Yho plants. produces, trades, distributes, transports, possesses or i1nports, exports or transits thrLiug!1 tht: Lao People's Dcmoi.:ratic Republic opium for trading on a regular basis or as parl of an organized group or in a quantity ranging from one (l) to three (3) kilograms of opiun1 shall be punished fron1 ten to lifteen years of imprisonment and shall be fined fron1 10,000,000 KIP to 20,000,000 Kip and assets shall be confiscated. Any person \vho plants, produces, trades, distributes, transports, possesses or i1nports, exports or transits through the Lao People's Democratic Republic opium for trading on a regular basis or as part of an organized group or in a quantity ranging from three (3) kilograms to five (5) kilograms of opium shall be punished from fifteen years to twenty years of imprisonment and shall be fined from 20.000,000 Kip to 40,000,000 Kip and asse.ts shall be confiscated. Any person who plants, produces, trades, distributes, transports, possesses or imports, exports or transits through the Lao People's Democratic Republic opium for trading on a regular basis or as part of an organized group or in a quantity ranging fi·om more than five (5) kilograms of opium shall be punished by life imprisonment and shall be fined from 40,000,000 Kip to 100,000,000 Kip and assets shall be confiscated. Any person who plants qpium for the first time shall be subject to public criticism and shall be fined from 1,000,000 kip 5,000,000 Kip and opium plants shall be destroyed. Any person who plants opium for more than one time shall be punished from one year to three years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip and opium plants shall be destroyed. Any person who possesses opium seeds for the first time shall be subject to public criticis1n and shall be fined l 00,000 Kip to 5,000,000 Kip and opium seeds shall be destroyed. Any person who possesses opiunl seeds for the second time shall be punished fro1n three months to one years of imprisonn1ent and shall be fined 500,000 Kip to 5,000,000 Kip and opium seeds shall be destroyed. Any person 'vho trades or possesses young plants of opium for the first time shall be subject to public criticism and shall be fined from J00,000 Kip to 500,000 Kip and young plants shall be destroyed. 81 Any person \Vho trades or possesses young plants or opium seed for more than one time shall be punished from three months to one year of imprisonment and shall be fined from 500,000 Kip to 3,000,000 Kip and young plants shall be destroyed.
Article 318 Plantation, Production, Trade, Distribution, Transportation, Possession or Import, Export or transit marijuana, marijuana seed through Lao PDR Any person \Vho plants between three (3) kilograms to ten (10) kilograms of raw marijuana for trading purposes shall be punished from three months to 9ne year of imprisonn1ent and shall be fined from 500,000 Kip lo 5,000,000 Kip. Any person \vho plants 1nore than ten (I 0) kilograms of ra\v inarijuana for trading purposes sha11 be punished fro1n one year to three years of imprisonment and shall be fined from 5.000,000 Kip to 20,000.000 Kip. f\ny person \Vho produces, trades. distribul<;s, transports, possesses or irnporls, exporls or transits through lh..:: l.ao People's Democratic llepublic of five (5) Lo ten (10) kilograms of dry n1'1t·ijuana !or trading shall be punished fi·on1 three years to seven years of in1prison1nent and shall be tined ti·orn 5,000,000 Kip to 20,000,000 Kip. Any person \Vho produces. trades. distributes, transports, possesses or imports, exports or transits through tl1e Lao People's Democratic Republic less than five (5) kilograrns of dry marijuana for trading shall be punished from six months lo three years of imprisonment and shall be fined from L000.000 Kip to 5,000,000 Kip. Any person \Vho produces. trades. distributes, transports. possesses or in1ports, exports or transits through the Lao People's Democratic Republic dry marijuana for trading on a regular basis or as part of an organized group or in a quantity ranging fi·om more than ten (10) kilograms of dry n1arijua11a shall be punished from five years to ten years of itnprisonment and shall be fined from 20,000,000 Kip to 50,000,000 Kip. Any person who trades, distributes, transports, possesses or imports, exports or transits, through the Lao People's Den1ocratic Republic marijuana seeds of more than ten ( 10) grams shall be punished from one year to three years of imprisonment and sha!l be fined from 3,000,000 Kip to 10,000,000 Kip. Tclrahydrocannabinol, l·lashish and Various Derivative Tetrahydrocannabinol, l·Tashish: Net \Veight more than zero point three (0,3) gram to filty (50) grams shall be punished from two years to !Our years of i1nprisonmcnt and shall be fined fron1 5,000,000 Kip to 9,000,000 Kip; Net \Veight more than fifty (50) grams to one hundred {100) gran1s shall be punished f'rom five years to seven years of itnprisonment and shall be fined fi·on1 10,000,000 Kip to 29,000,000 Kip and nsscts shall be confiscated; Net weight more th<tn one hundred {I 00) gran1s to t\vo hundred (200) grams shall be punisl1c<l Cron1 ten years to fourteen years of imprisonment and shall be fined t'rom 30,000,000 Kip lo 59,000,000 Kip and assets shall be confiscated; 82 Net \Veight more than two hundred (200) grams to five hundred (500) grams shat! be punished from fifteen years to t\venty years of imprisonment and shall be fined from 60,000,000 Kip to 99,000,000 Kir and asse~s shall be confiscated; Net \Veight more than five hundred (500) grams shall be punished by life imprisonment and shall be fined from 100,000,000 Kip to 200,000,000 Kip and assets shall be confiscated.
Article 319 Production, Processing, Trade, Distribution, Transportation, Possession or Import, Export or transit of Synthetic Drugs through Lao PDR Any person, who produces, processes, trades, distributes. transports, possesses or imports, exports or transits synthetic drugs through the Lao People's Democratic Republic. shall be considered as follo\\'S'. IC after analysis of the drug, it is found that.the drlig is mixed \\ith other substances, the concerned person shall be punished according to the \veight and types of drugs as provided ir1anicle314. 315. 316, 317 and 318 of this Penal Code: If, after analysis of the drug, it is not found that there is no addictive drug mixed with the substance. the producer, the seller, the buyer, the distributor, the transporter, possessor or in1porter, exporter or transistor of synthetic drug through the Lao PDR shall be punished by three years t? five years of imprison1nent and shall be fined fl-om 5,000,000 Kip to I 0,000,000 Kip. or other psychotropic substances
Article 320 Drug Consumption or Possession for Consumption Any person who consumes or possesses for consumption heroin, morphine or cocaine less than zero point two (0,2) grams, or amphetamines, ice less than zero point three (0,3) grams or opium less than zero point five (0,5) grams, or marijuana less than five (5) grams or other volatile substances with psychotropic substances Jess than zero point five (0,5) grams or plants with psychotropic substances less than five (5) grams shall be regarded as victims and shall be treated or sent for treatment as the case may be. Any person who possesses for consumption heroin, morphine or cocaine more than zero point two (0,2) grams to two (2) grams shall be punished by three years to seven years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Any person who possesses for consumption amphetamines, ice more than zero point three (0,3) grams to three (3) grams shall be punished by two years to five years of imprisonment and sha!J be fined from 10,000,000 Kip to 50,000,000 Kip. Any person who possesses for consumption opium more than zero point five (0,5) grams to five (5) grams shall be punished from one year to three years of i1nprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Any person who possesses for consumption more than five (5) grams to ten (I 0) grams of dry marijuana shall be punished from six months to two years of imprisonment and shall be fined from 5,000,000 Kip to 20,0dO,OOO Kip. 83 Any person \Vho possesses for consumption other volatile substances more than zero point five (0,5) grams to five (5) grams shall be punished from three months to one year of imprisonment and shall be fined From 5,000,000 Kip to 20,000,000 Kip. Any person •vho possesses for consumption plant that produces drugs of more than five (5) grams to ten (10) grams shall be punished From one month to six months of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. The person providing services for_ the consumption of opium shall be punished by three years to ten years of imprisonment and shall be fined From 5,000,000 Kip to 20,000,000 Kip. The person providing services for the consumption of marijuana shall be punished from three months to five years of iinprisonment and shall be fined from 1,000,000 Kip to 5,000,000 Kip.
Article 321 Re-addiction A person \Vho has received treatment and bcco1nes to addict again to be fOllo\ved: The consumer has received first ti1ne treatment certified in \vriting by relevant official of the treutment center but becomes to addict again. ·rhe consumer shall be subject to public criticistn and shall be fined fro1n I00,000 Kip to 300, 000 Kip; The consumer has received treatment for the second time certified in writing by relevant official of the treatment center but becomes to addict again. l'he consumer shall be punish'!d rrom three n1onths to one y·ear of imprisonment and shall be fined frorn. 300,000 K.ip to 500,000 Kip; The consumer received treatment for the third time certified in writing by relevant official of the treatment center but becomes to addict again. The Consumer shall be punished ffom one year to three years of imprisonment and shall be fined from 500,000 Kip to 5,000,000 Kip. Artic{e 322 Stealing, Swindling, Embezzlement or Robbery of narcotics Any person stealing, plundering, etnbezzlfng or robbing narcotics shall be punished from two years to five years and shall be fined from 5,000,000 Kip to 50,000,000 Kip. When the offi::nder regards stealing, plundering, einbezzlement or robbing of narcotics as a profession and a regular acts or being part of an organized group or committed \Vith big amount shall be punished from live years to Len years imprisonment and shall be lined from 10,000,000 Kip to 100,000,000 Kip. Any attempt to commit such an orfense shall also be punished.
Article 323 Possession of !Vlach inc, Eq uip1nent, and 1"1atcrials to Produce Narcotic Any person \Vho posse~ses machines, equipment, materials lo produce narcotic shall be punished frorn six months to two years imprisonment and shall be tined ffom 2,000,000 J(ip to 5,000,000 Kip. 84 Where such offense is on a regular basis or commitced \Vith big amounts, the offender shall be punished from t\VO years to five years of imprisonment and shall be fined fro111 5,000,000 Kip to 10,000,000 Kip.
Article 324 Forcing or inducing other persons to use narcotics Any person who uses rorces, weapons, threats, tricks or proposes any benefits to other persons or by other means to use narcotics \Vhich contradicts the purpose and caused prejudice to forced or induced person, the offender shall be punished fi·om two years to seven years of imprisonment and shall be fined fron1 3,000,000 Kip to 10,000,000 Kip. Where such offense is on a regular basis or as part of an organized group, committed to a child, pregnant \voman, committed to several persons, causing serious diseases. the offender shall be punished from five years to ten years of imprisonment and shall be fined from 5,000,000 Kip to 20.000_000 Kip. \\'here such offenst:: n;:st1lls in Lhe victim's invalidity or death, lhe offender shail be punished from ten years to nventy years of imprisonment and shall be Jlned ffo1n 7.000,000 I<ip to 30,000,000 Kip. Where such offe11se results in more than two victims becoming a11 invalid or disable or death, the offender shall be punished by life imprisonment and shall be fined, f1·01n I 0,000,000 Kip 50,000,000 Kip.
Article 325 Breaching regulations on Management, Use of Addictive Drugs or Precursor Any person responsible for storage, preservation, distribution, allocation or use of addictive drugs or precu~sors tbr any analysis purposes but violates the regulations on n1anagement and use of such addictive drugs or prei;:ursors shall be punished from two years to seven years of imprisonment and shall be fined from 3,000,000 Kip to 10,000,000 Kip. Where such an offense is committed on a regular basis or as part of an organized group or causing serious damages, the offender shall be punished from five years to ten years of imprisonment and shall be fined from 5,000,000 Kip to 20,000,000 Kip. Chapter 9 Offences against Natural Resources and Environment
Article 326 Illegal Logging Controlled Wood, Slashing, Burning and Exploiting Non Timber Forestry Products Any person \Vho unlawfully cuts controlled wood, practices slash and burn and exploits non timber forest products causing damages from 5,000,000 Kip shall be punished from three months to one year of impri:>onment and shall be fined double of the damage value and subject to rehabilitation Where such an offence is performed as part of an organized group or on a regular basis or causes substantial damages, the offender shall be punished from two years to five years of imprisonment· and shall be fined triple of the damage value and subject to 85 restoration. Ar·ticle 327 Illegal loggi:ag, trade or moving of Prohibited Natural Stump and Special nearly Extinction Wood Any person \Vho illegally logs, trades and moves the prohibited natural \Vood and special nearly extinction \VOOd causing damages of more than 5,000,000 Kip shall be punished from six months to one year of imprisonment and shall be fined from 1.000.000,000 Kip to 2,500,000,000 Kip and subject to rehabilitation. 'Where such an offense is committed for the second time or performed on a regular basis, the offender shall be punished from two years to five years of iinprisonment and shall be fined double of the damage value and subject to rehabilitation. ,L\rticlc 328 Giving the Logging Marking Hammer to unauthorized pcrsou, pern1ission to convert natural forestry, pcrn1ission of excessive forestry exploitation Any person \vho gives the log marking ha111n1er to so1ncone \Vho does not huve aulhority/responsibilit)·, issues the pern1ission of logging sl1all be punished fron1 one year to three years of imprisonment and shall be fined double of the damage value based on the market price at the time.
Article 329 Falsifying l\i1arking hammer and Docun1cnts relating ta exploitation, trading, transportation, production and selling of wood and forest products Any person falsifying stamps and documents relating to the exploitation, trade, transportation, production and selling of wood and forest products shall be punished by one year to three years of imprisonment and shall be fined double of the damage value.
Article 330 Destruction of Crops Any person destroying any crops belonging to the State, col!ectivity, social organizations or individuals shall be fined from 1,000,000 J(ip to 5,000,000 Kip. Where such an offence causes substantial damages, the offender shall be punished from three inonths to l\VO years of imprisonment and shall be fined from 3,000,000 Kip to I 0,000,000 Kip. A1·ticlc 331 lllcgal llunting Any person engaging in hunting that is inconsistent \Vith hunting regulations, such as the hunting ofprotcctcd species, hunting a pregnancy, hunting during a restricted season or in prohibited zone or hunting ~vith prohibited tools and others, shall be pLLnishcd from three months to two years of in1prisonn1ent and shall be fined froin 3,000,000 Kip to I 0,000,000 l(ip. Where such an offence is performed as part of an organized group or on a regt1lar basis or causes substantial damages of nlore than 50,000,000 kip, the offender shall be punished lfo1n two years to five years of imprisonment and shall be fined dol!ble of the damage value. 85
Article 332 Illegal Fishing or Catching Aquatic Animals Any person engaging in fishing or catching any other aquatic animal or aquatic inconsistently with fishing regulations, such as \Vith the use of explosives, poisons, chemicals or other prohibited tools, shall be punished from three months to one year of imprisonment and shall be fined from 3,000,000 Kip to 10,000,000 Kip. Where such an offence causes damages valued l ,000,000 Kip to 15,000,000 kip, the offender shall be punished fi·om three months to two years ofimpriso11ment and shall be fined double: of the damage value. Where such an offence is performed as part of an organized group or on a regular basis or causes substantial damages. the offender shall be punished from two years to five years of imprisonment and shall be fined double of the damage value.
Article 333 Encroachment of the habitats and feeding zones of aquatic and \Vildlife Any person engaging in encroachn1ent of the habitnLs and l'eeding zones of aquatic and wildlife shall be pun!sl1ed ti·om three n1onths to one year of imprisonment and sliall be fined from 3,000.000 Kip to I 0,000.000 Kip. Where such an offence is performed as pr.rt of an organized group or on a regular basis or causes substantial damages. thc offender shall be punished from t\VO years to five years of hnprisontnent and shall be fined double of the damage value.
Article 334 Trading in and having in possession aquatic or wildlife of the prohibited category Any person stealing live aquatic animal and categories of prohibited \vildlife, carcasses or parts and organs of such animals for trade or to have in possession shall be punished from three months to five years of imprisonment and shall be fined from 3,000,000 Kip to I0,000,000 Kip.
Article 335 Importing, Exporting, Transiting or moving Aquatic animals and Wildlife Any person importing, exporting, re-exporting, transshipping or transiting aquatic animals and wildlife including parts, organs and products of such aquatic and wildlife unlawfully with regulations relating to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, shall be punished from three months to five years of imprisonment and shall be fined double the damage value Where such an offence is performed as part of an organized group or on a regular basis or causes substantial damages, the offender shall be punished from five years to ten years of imprisonment and shall be fined triple of the damage value.
Article 336 Destroying aquatic resources Any person using toxic substances, explosives, chemicals, electric current or banned fishing means or gears tQ exploit aquatic products or destroying aquatic resources, causing serious damages, shall be punished from six months to three years of imprisonment or re- 87 education without deprivation of liberty and shall be fined from I 0,000,000 Kip to 50.000,000 Kip.
Article 337 Breaching regulations on the protection of precious and rare wild animals Any person \vho illegally hunts, catches, detains, kills, transports and/or trades 10 precious and rare wild animals which are banned under Government's regulations or illegally transports and/or trades in the products made of such animals, shall be punished from six months to three years of imprisonment or re-education \vithout deprivation of liberty and shall be fined from I 0.000,000 Kip to 50,000,000 Kip.
Article 338 Illegal Land Occupation Any person who illegally occupies land in areas of preserved forest conservation, di.:nse forest. \Yater source forest. \Valer land area, cultural land. sacred land, ecotourism land. hislllriL:al land anJ otl1e1· State·s conservation land causing da111ages to Su11c's and collective a:-.se-\s or having environmental irnpacts shall be punished frotn one yczar to three years of in1prison1ncn1 and shall be fined double of da1nage value and the occupied land is subject to seizure. Where comrnitting the offenr.:e as a profession, in an organized group or causing serious dan1ages, the offenders shall be punished from three years to five years of i1nprison1nent an_d shall be fined triple of damage value and the occupied land is subject to sei:ture.
Article 339 Destruction of Minerals Resources Any person \vho destroys natural minerals resources by confirnH1tion on the quantity and quality of 1ninerals, the offender shall be punished from six month to three years of imprisonment or re-education ...·ithout deprivation of liberty and shall be fined from 10.000,000 K;p to 50,000,000 Kip. Where such an offence causes substantial damages, the offender shall be punished from three years to five years of imprisonment and shall be lined 50,000,000 Kip to I 00,000,000 Kip.
Article 340 Unlawful Exploitatio11 of Natural Resources Any person exploiting natu1·al 1·esources, such as n1etals, minerals. precious stones inconsistently with the h\\VS shall be tined [fom 5,000,000 Kip to l 5,000,000 Kip. Where such an olTcncc causes substantial da1nages, on a regular basis, committed in an organized group, the orfcndcr shall be punished fro1n l\VO years to five years Of in1prisonn1cnt and shall be fined fron1 7,000,000 Kip to 20,000,000 Kip.
Article 341 Survey, Exploitation, Utilization of Waters and Water llcsourccs without Authorization Any person surveying, exploiting, utilizing surface and underground water resources \Vithout authorization shal! be fined fro1n 7,000,000 Kip to 20,000,000 Kip. 88 Where such an offence causes substantial damages. the offender shall be punished by three months to two years of imprisonment and shall be fined from 10,000,000 Kip to 50,000,000 K;p.
Article 342 Breaching Regulation on building of Meteorology, Hydrology and Earthquake Centers Any person breaching regulation on building of centers for meteorological, hydrological and seismic data shall be punished by one year to three years of imprisonment and shall be fined from 20,000,000 Kip to 50,000,000 Kip.
Article 343 Offences relating to Meteorology 1 Hydrology and Earthquake Any person releasing misleading information about ineteorological, hydrological and seismic situation thus breaching the regulation on building of the center for meteorological. hydrological and seisn1ic center shall be punished b~ three months to one year of imprisonment and sllall be fined from 3,000,000 Kip to 15.000.000 Kip.
Article 344 Destroying Materials used for Meteology, flydrology and Earthquake Activities Any person destroying inaterials used for meteorology, hydrology and earthquake activities causing damages valued n1ore rhan 5,000,000 kip shall be punished by three months to one year of imprisonment and shall be fined double of the actual damage value.
Article 345 Breaching National Environment Quality Control Standards Any person breaclling the national environ1nent quality control standards such as quality of drinking \Yater, surface water, underground water, quality of land at residential places, land for agricultural purposes, air quality, noise quality exceeding the maximum limit and frequency shall be fined from 50,000,000 Kip to 100,000,000 Kip. Where committing the Offence as a profession, in an organized group or causing serious damages, the offenders shall be punished from three years to five years of imprisonment and shall be fined from I 00,000,000 KIP to 500,000,000 Kip.
Article 346 Causing air pollution Any person discharging into the air different kinds of smoke, dust, toxic matters or other harmful elements exceeding the li1nits as air control pollution standard, thus causing serious damages shall be punished from six months to three years of imprisonment or re~ education without deprivation .of liberty and shall be fined from 5,000,000 Kip to 50,000,000 Kip.
Article 347 Causing land pollution Any person who throws, buries or discharges, destroys wastes or releases toxic substances onto land exceeding the limit as prescribed by standards, causing serious damages, shall be punished from six months to three years of imprisonment or re-education \.vlthout deprivation of liberty and shall be fined from 5,000,000 Kip to 50,000,000 Kip.
Article 348 Causing \Vater source pollution Any person releasing dirty \Valer, oil, grease, toxic chemicals, radioactive substances exceeding that is prescribed by the standards, wastes, animal and plant residues, bacteria, micro bacteria, harmful and cpidemica\ parasites or other harmful elements, thus causing serious consequences, shall be punished from six months to three years of imprisonment or re-education \Vithout deprivation of liberty and shall be fined from 5,000,000 Kip to 50,000,000 kip. A1·ticle 349 Breaching Disturbance l>oJlution Control Standards Any person breaching the national disturbance pollution control standards sucb as noise, light color, odor. vibration. and heat exceeding the li1nits as specified in the national pollution eontrol measun::s \\hk:h d<:~troyed lite, health of hutnan. nnimals, plants and other cnvironn1ent and ecusysle1n shall b<.! l"ined ti·om 50,000,000 Kip to I 00,000,000 Kip.
Article 350 Import of techuologies, machinery, equipment, discarded materials or materials "\Vhich fail to SHtisfy envirflnmental protection criteria Any person importing or pern1itting the import of technologies, machinery, equlpmcnt. Loxic chemicals, raJioaclive substances or discarded 1naterials which fail to satisfy the environmental protection criteria, causing serious damage shall be punished from six months to three years of i1nprisonment oi- re-education witho11t deprivation of liberty and shall be fined from 5.000,000 Kip to 50,000.000 Kip.
Article 351 Breaching Chen1ical and hazardous Waste Control Measures Any person breaching regulations and processing on measures to control the use of hazardous chemical substances in production processes, businesses and services or breaching the measures to control on storage, disposal and destruction of toxic chemical substances and wastes thus causing damages shall be fined from 50,000,000 Kip to I 00,000,000 Kip. Where committing as a profession or causing serious damages shall be punished from three years lo live years of iinprisonmenl and shall be fined fron1 100,000,000 Kip to 500.000.000 Kip.
Article 352 Failing to Fulfill Restorution Any Persons who does not fulfil! restoration n1easures as the court's d~cision shall be punished fron1 one year to five y•'.ars of irnprisonment and shall be tined fro1n 6.000,000 Kip to I 00.000,000 Kip.
Article 353 Cruelty towards animals Any person exerti11g serious on pets or captive animals such as detaining a11iina\s \Vilhout \Valer, food, excessive use of animal forces, beating animals, transporting \Vith 90 crowded accommodation, poisoning animal shall be punished by re-education without deprivation of liberty or shall be fined from 500,000 Kip to 3,000,000 Kip. Where such an offence is performed on a regular basis shall be punished from three months to one year of imprisonment and shall be fined from 3,000,000 Kip to 10,000,000 Kip. Chapter 10 Corruption
Article 354 Corruption (_'orruption is a behavior of leader, administrative staff, technical staff. enterprise staff. civil servant. 1nilitary officer, or police ofl~cer, including chief of village or entrusted person to perform official duties and foreign staff, sta!T of in1ernational organizations. Corruption con1prises the folJo,ving forn1s or ot1ences: 1. Embezzlement of state's or collective assets; 2. Fraud of state's or collective assets; 3. Giving bribes; 4. Receiving bribes; 5. Abuse of position, power, duties to acquire State's, collective or individual assets; 6. Abuse of State's or collective assets; 7. Abuse of position, power and duties to misappropriate State's, collective or individual assets; 8 Cheating, falsifying construction specification standards, design, calculation and others; 9. Cheat on bidding or concession; l 0. Falsifying documents or using falsified documents; 11. Disclosing confidential information for personal gains; 12. Holding back, delaying documents.
Article 355 Embezzlement of State's or collective assets Any civil servant \vho commits an act of corruption as prescribed in a11icle 354 of this Penal Code as an act of embezzlement of State's or collective assets by abusing other person's trust to misappropriate, acquire to replace state's or collective assets that the civil servant has been entrusted to take care of, to use. transport, construct, repair or work on, shall be punished according to the following values: 1. [where such damage] less than 20,000,000 Kip; to be punished by one year to two years of imprisonment and shall be fined one percent (1%) of the value of the damage; 91 2. {Where such damage} is from 1nore than 20,000,000 Kip to 50,000,000 Kip; to be punished by more than t\VO years to four years of imprisonment and shall be fined one percent (lo/o) of the damage; 3. [Where such damage] is from more than 50,000,000 Kip to 100,000,000 Kip; to be punished by more than four years to six years of imprisonment and shall be fined one percent (1%) of the damage value; 4. [Where such damage) is from more than I 00,000,000 Kip to 300,000,000 Kip; to be punished by more than six years to eight years of imprisonment and shall be fined one percent ( 1o/o) of the damage value: 5. [Where such damageJ is from more than 300.000.000 Kip to 500,000,000 Kip; to be punished by more than eight years to ten years of imprison1nent and shall be fined one (lo/o) percent of the damage value: 6. [Where such damage] is !i·cHn more than 500.000.000 Kip to 600,000.000 Kip; to be punished by 1nore thnn ten years to l\Vclve years or imprisonn1ent and shall be fined one percent ( \ o/o) nf the darn age value: 7. [Where such da111age] Is li·orn n1on:: than 600,000.000 Kip to 700,000.000 Kip; to be punished by more than l\VC]Ve years [O fourteen years Of in1prisonment and shall be fined one pcrce11t { 111/o) of"the da1nage value: 8. [Where such damage} is [fom 1nore than 700,000,000 Kip 10 800,000,000 Kip; to be punished by n1ore than fourteen years to sixteen years of imprison1nent and shall be fined one percent { l ~lo) of the damage value· 9. [Where such damage] is fl·om 1nore than 800,000,000 Kip to l,000,000,000 Kip; to be punished by more than sixteen years to eighteen years of imprisonment and shall be fined one percent (lo/o) of the da1nage value; 10. [Where such damage] is n·om tnore than l,000,000,000 Kip to 2,000,000,000 Kip; to be punished by more than eighteen years to t\venty years of imprisonment and shall be fined one pc1·cent (1°/o) of the dan1age value; I!. [Where such damage! is fi·om more than 2,000,000,000 Kip; to be punished by life imprisonment and shall be fined one percent (lo/I)) of the damage value. In the event an act or corruption is committed on a regular basis or as part of an organized group, the offender shall be fined double the prescribed penalties in accordance to the damage valucs as defined in each paragraph of this article and the assets will be seized. The atlc1npt to commit such an nlTcnce shall also be punished.
Article 356 Fraud of State's or collective assets Any official who co1nmits an act or corruption as prescribed in article 354 of this Penal Code as an act of misappropriation of State's or collective assets by deceivi11g by any means a person responsible tOr State's or collective assets to misappropriate those assets , shall be punished according to the follo\ving values: " I. {¥/here such damage] is not more than 20,000,000 Kip; to be punished by one year to t\vo years of imprisonment and shall be fined one percent ( l %) of the value of the damage: 2. [where such damage] ls from more than 20,000,000 Kip to 50,000,000 Kip; to be punished by more than t\vo years to four years of imprisonment shall be fined one percent {lo/o) of the damage value; 3. [Where such damage] is from more than 50,000,000 Kip to 100,000,000 Kip; to be punished by more than four years to six years of imprisonment and shall be fined one percent ( l 0/o) of the damage value; 4. [Where such damage] is from more than 100,000,000 Kip to 300,000,000 Kip; to be punished by 1nore than six years to eight years of imprisonment and shall be fined one percent ( 1°/o) of the damage value; 5. [Where such damage] is tram more than 300,000.000 Kip to 500,000,000 Kip; to be punished b:'- mo~e than eight years .to ten years of in1prisonment and shall bi.: fined one percent or ( [ o/o) the dan1age value; 6. [\\'here such dainage] is frorn 1nore than 500,000,000 Kip to 600.000,000 Kip; to be punished by more than ten years to t~velve years of imprisontnent and shall be fined one percent ( l o/i)) of the damage value; 7. [Where such damage] is from more than 600,000,000 Kip to 700,000,000 Kip; to be punished by rnore than twelve years to fourteen years of imprisonment and shall be fined one percent (1%) of the damage value; 8. [Where such dan1age] is fro1n more than 700,000,000 Kip to 800,000,000 Kip: to be punished by more than fourteen years to sixteen years of imprisonment and shall be fined one percent(!%) of the damage value; 9. Where such damage] is from more than 800,000,000 Kip to 1,000,000,000 Kip; to be punished by more than sixteen years to eighteen years of imprisonment and shall be fined one percent (I%) of the damage value; 10. [Where such damageJ is from more than J,000,000,000 Kip to 2,000,000,000 Kip; to be punished by more than eighteen years to ti,venty years of imprisonment and shall be fined one percent ( 1%) of the damage value; I J. Where such damage] is from more than 2,000,000,000 Kip; to be punished by life imprisonment and shall be fined one percent (Io/a) of the damage value. In the event an act of corruption is committed on a regular basis or as part of an organized group, the offender shall be fined double the prescribed penalties in accordance to the damage value as defined in each paragrapl1 of this article and the assets will be seized. The attempt to commit such an offence shall also be punished.
Article 357Giving bribes Any official who commits an act of corruption as prescribed in article 354 of this Penal Code as an act of giving bribes by offering, handing or promising to give money, objects or other benefits by himself/herself or tl1rough an intermediate, directly or indirectly, to civil servant in order to perform, choose to perform or not to perform official duties for the purpose and in the benefits of the bribe giver, shall be punished according to the following values: 93 I. [\vhere such damage] is not more tl1an 20,000,000 Kip; to be punished by one year to t;,,vo years of imprisonment and shall be fined one percent (Io/a) of the value of the damage; 2. [\vhere such damage] is from more than 20,000,000 Kip to 50,000,000 Kip; to be punished by more than t\vo years to four years of imprisonment shall be tined one percent (I%) of the damage value; 3. [Where such damage] is from more than 50,000,000 Kip to 100,000,000 Kip; to be punished by more than four years to six years of imprisonment and shall be fined one (lo/o) percent of the damage value; 4. [Where such damage] is from more than 100,000,000 Kip to 300,000,000 Kip; to be punished by more than six years to eight years of imprisonmt:nt and shall be tined one (I 0/a) percent of the damage value; 5. [\Vhere such damage] is from niore than 300,000,000 Kip to 500.000.000 Kip; to be p~1nished by tnore than eight yea1·s to Len years of i111priso11111cni and :;ball[•<;'. fined one I I ~IQ) percent or the da1nage value; 6. [\\!here such datnage] is fro1n n1ore than 500,000,000 Kip to 600,000.000 Kip; Lo be punished by more than ten years to l\Velve years ofin1prisonn1ent and shall be fined one ( l 0/a) percent of the darnnge va\11e; 7. [Where such damage] is from more than 600,000,000 Kip to 700,000.000 Kip; to be punished by more than t\velve years to fourteen years ofitnprisonn1ent and shall be lined one (1%) percent of the dan1age value; 8. {Where such dan1age] is fron1 1nore than 700,000.000 Kip to 800.000,000 Kip; to be punished by more than fou1tccn years to sixteen years of iinprisonment and shall be fined one (1 o/o) percent of the damage value; 9. Where such damage] is from more than 800,000,000 Kip to l,000,000,000 Kip; to be punished by more than sixteen years to eighteen years of imprisorunent and shall be tined one ( 1°/o) percent of the damage value; l 0. [Where such damage] is fium more than l,000,000,000 Kip to 2,000,000,000 Kip; to be punished by more than eighteen years to twenty years of imprisonment and shall be fined one (lo/a) percent of the da1nage value; I l. Where such damage] is from n1ore than 2,000,000,000 Kip; to be punished by life i1nprisonmcnt and shall be tined one ( 1%) percent of the dan1age value.
Article 358 Receiving bribes Any official \Vho con1n1its an act of corruptiori as prescribed in article 354 of this Penal Code as an act of receiving bribes by accepting, claiming, requesting, or agreeing to take n1oney, objects or other bcnerits rron1 the bribe giver. directly or indirectly. in order to per/Orm, choose to perforrn t duties or ubandon to perlOrm duties for the purpose ari(i the benefits of the bribe giver shall be punished according to the follo\ving values: l. [\vhcre such damage] is not 1nore than 20,000,000 Kip; to be punished by one year to two years of imprisonn1enl rrom one year to t\vo years and shnll be rined one ( 1o/o) pcrcentor the value of the damage; 94 2. [\vhere such damage] is fron1 more than 20,000,000 Kip to 50,000,000 Kip; to be punished by more than t\VO years to four years of imprisonment shall be fined one percent ( l o/o) of the damage value; 3. [Where such damagej is from more than 50.000,000 Kip to 100,000,000 Kip; to be punished by 1nore than four years to six years of imprisonment and shall be fined one ( 1%) percent of the damage value: 4. [Where such damage] is from rnore than l00,000,000 Kip to 300,000,000 Kip; to be punished by more than six years to eight years of imprisonment and shall be fined one (1%) percent of the damage value: 5. [Where such damage} is rrom more than 300,000,000 Kip to 500,000,000 Kip; to be punished by more than eight years to ten years of imprisonment and shall be fined one (lo/o) percent of the dan1uge value; 6. [Where such damage] ls train more than 500.000.000 Kip to 600.000,000 Kip; to be punished by more than ten years Lo l\velve ye<irs of imprisonment and shall be fined one (J'l/~) percent of the <lamage value; 7, l\.Vhere such damageJ is tfon1 n1l)re than 600.000.000 Kip to 700,000,000 Kip; to be punished by more than t\velve years to fourteen years of imprisonment <!nd shall be fined one ( 1%) percent of the damage value: 8. [Where si1ch damageJ is from more than 700.000,000 Kip to 800,000,000 Kip; to be punished by more than founcen years to sixteen years of imprisonment and shall be fined one (I o/o) percent of the damage value; 9. Where such damage] is from more than 800,000,000 Kip to 1,000,000,000 Kip; to be punished by more than sixteen years to eighteen years of imprisonment and shall he fined one (I%) percent of the damage value; I 0. [Where such damage] is tfom more than l ,000,000,000 Kip to 2,000,000,000 Kip; to be punished by more than eighteen years to twenty years of imprisonment and shall be fined one ( 1%) percent of the dam!lge value; 11. Where such damage] is from more than 2,000,000,000 Kip; to be punished by life imprisonment and shrtll be fined one (I%) percent of the damage value.
Article 359 Abuse of position, po,ver, duties to acquire State's, collective or individual assets Any official who commits an act of corruption as prescribed in article 354 of this Penal Code as an abuse of position by abusing position, po,ver, duties ro misappropriate State's, collective or individual by abusing position, power, duties for personal gains, for the interests of the family, relatives or friends. thus cause damages to the State, collectivity or to the legitimate rights and interests of citizens, shall be punished according to the foliowing values: 1. [where such damage] is not more than 20,000,000 Kip; to be punished by one year to two years of imprisonment !lnd shall be fined one ( 1%) percent of the value of the damage; 2. [where such damage] is from more than 20,000,000 Kip to 50,000,000 Kip; to be punished by more than two years to four years of imprisonment shall be fined one (I%) percent of the damage value; 95 3. [Where such damage] is fron1 more than 50,000,000 Kip to l 00,000.000 Kip; to be punished by more than four years to six years of imprisonment and shall be fined one (1 o/o) percent of the damage value; 4. [Where such damage] is from more than 100,000,000 Kip to 300,000,000 Kip; to be punished by more than six years to eight years of imprisonment and shall be fined one (1%) percent of the damage value; 5. [Where such damage] is from more than 300,000,000 Kip to 500,000,000 Kip; to be punished by more than eight years to ten years of imprisonment and shall be fined one (1%) percent of the damage value: 6. [Where such damage] is fi'om more than 500,000,000 Kip to 600,000,000 Kip; to be punished by more than ten years to twelve years of imprisonment and shall be fined one (lo/o) percent of the damage value; 7. [\\!here such damage] is from more than 600,000,000 Kip to 700.000.000 Kip: to be punished by more than t\\'elvc years to fourteen years ofin1prisonment nnd shall be fined one ( 1°/o) percent of the dan1age value; 8. [Where sucll dan1age] is ti·nin n1orc than 700,000.000 Kip to 800.000.000 Kip; to be punished by more than fourteen y.:ars to sixteen years of imprisonment and shall be fined one (l o/D) peri..:ent of the damage value; 9. Where such damage] is fron1 more than 800,000,000 Kip to 1,000,000,000 Kip; to be punished by more than sixtel.'n years to eightt-cn years ofin1prisonment and shall be fi ncd one ( l o/o) percent or the damage value; 10. [Where such damage 1 is froin rnore than 1,000.000,000 Kip to 2,000.000,000 Kip; to be punished by niore than eighteen years to twenty years of imprisonment aod shall be fined one ( l %) percent or the damage value; I I. \Vhere such dan1agc] is from more than 2,000,000,000 Kip; lo be punished by Ii fe in1prison1nent and shall be fined one ( 1°/o) percent of the damage value.
Article 360 Abuse of State's or collective assets Any official who commits an act of corruption as prescribed in arlicle 354 of this Penal Code as an abuse of State's or collective assets by using State's or collective assets for personal gains thus causes damages to the Stale, collectivity shal! be punished according to the following values: l. [where such dan1agej is not 1nore than 20,000,000 Kip; to be punished by one year to t\vo years of imprison1nent fron1 one year to two years and shall be fined one ( 1o/o) percent of the value of the damage; 2. [where such damage! is fio1n more than 20.000.000 Kip to 50,000,000 Kip: to be punished by more than t\VO years to four years of i1nprisonment shall be fined one ( 1ivo) percent of the damage value; 3. [Where such damagcJ is froin more than 50,000,000 Kip to 100.000,000 Kip: to be punished by 1nore than four years to six years of imprisonment and shall be fined one ( l o/u) percent of the damage value; 96 4. [Where such damage] is from more than 100,000,000 Kip to 300,000,000 Kip; to be punished by more tiian six years to eight years of imprisonment and shall be fined one ( 1o/~) percent of the damage value; 5. [Where such damage] is from more than 300,000,000 Kip to 500,000,000 Kip; to be punished by more than eight years to ten years of imprisonment and shall be fined one (lo/o) percent of the damage value; 6. [Where such damage) is from more than 500.000,000 Kip to 600,000,000 Kip; to be punished by more than ten years to t\velve years of imprisonment and shall be fined one (!%)percent of the damage value; 7. [Where such damage} is from more than 600,000,000 Kip to 700.000,000 Kip; to be punished by more than l\Velve years to fourteen years of imprisonment and shall be fined one (lo/o) percent of the damage value; 8. [Where such damagej is fron1 more than 700.000.000 Kip to 800.000.000 Kip; to be punished by more than fourteen years to sixteen years of imprisonment and shall be fined one ( 1%) percent of the damage value: 9. Where such damage] is froh1 more than 800.000.000 Kip to l.000,000,000 Kip; to be punished by more than sixteen years to eighteen years of in1prisonment and shall be fined one {I o/o) percent of the damage value: 10. [Where such damage] is from more than 1.000,000,000 Kip 10 2,000,000,000 Kip; to be punished by more than eight'een years to t'venty years of imprisonment and shall be fined one (1%) percent of the damage value; l I. Where such damage] is fi·om more than 2,000.000.000 Kip; to be punished, by life imprisonment and shall be fined one(!%) percent of the damage value.
Article 361 Abuse of position, po'tver, duties to misappropriate State's or collectiye assets Any official who commits an act of corruption as prescribed in article 354 of this Penal Code as an abuse of position, po,ver, duties beyond what is prescribed in the laws and regulations for personal gains, for the interests of the family, relatives or friends, thus causes damage to the State, collectivity or to the legitimate rights and interests of citizens, shall be punished according to the follo\ving values: I. [\vhere such damage] is not 1nore than 20,000,000 Kip; to be punished by one year to two years of imprisonment and shall be fined one (1 %) percent of the value of the damage; 2. [where such damage] is fron1 more than 20,000,000 Kip to 50,000,000 Kip; to be punished by m'Jre than t\VO years to four years ofimprison1nent shall be fined one (1%) percent of the damage value; 3. [Where such damage} is from more than 50,000,000 Kip co 100,000,000 Kip; to be punished by more than four years to six years of imprisonm.:nt and shall be fined one ( 1%) percent of the damage value; 4. [Where such damage] is from more than 100,000,000 Kip to 300,000,000 Kip; to be punished by more than six years to eight years of imprisonment and shall be fined one (lo/o) percent of the damage value; 97 5. [Where such damage] is from more than 300,000,000 Kip to 500,000,000 Kip; to be punished by more than eight years to ten years of imprisonment and shall be fined one (lo/o) percent of the damage value; 6. [Where such damage] is fron1 more than 500,000,000 Kip to 600,000,000 Kip; to be punished by more than ten years to hvelve years of imprisonment and shall be fined one (lo/11) percent of the damage value; 7. [Where such damage] is from more than 600,000,000 Kip to 700,000,000 Kip; to be punished by more than t\ve\ve years to fourteen years of imprisonment and shall be fined one ( l o/11) percent of the damage value; 8. [Where such damagej is from more than 700,000,000 Kip to 800,000,000 Kip; to be punished by more than fourteen years to sixteen years of imprisonment and shall be fined one (lo/11) percent of the damage value: 9. [Where such damage] is fron1 more than 800.000,000 Kip to 1,000.000,000 Kip; to be punished by more than sixteen years to eighteen years ofimprisoninent and shall be fined one ( i %) percent of the da1nage value: 10. [Vv'here suCh dan1age] 1s fron1 more than !.000.000.000 Kip to 2.000,000,000 Kip; to be punished by more than eighteen years to t\venty years of i1nprisonmenl and shall be fined one ( i %) percent of the damage value; 11. lWhere such damage] is ft·om n1orc than 2.000.000.000 Kip; to be punished by life in1prisonment and shall be fined one (I o/o) percent of the dan1age value.
Article 362 Cheating and falsifying construction specification standards Any official who commits an act of corruption as prescribed in article 354 of this Penal Code as an act of cheating and falsifying construction specification standards by cheating and falsifying surveys, designs, calculations bet\veen the project O\Vner and the sub- contractor and other parties involved in an activity such as constrllction, reparation decoration, installation and other activities for personal gains thus causing damages to the interests of the State, collectivity or to the legitimate rights and interests of citizens amO(lnting to more than 5,000,000 KIP to 50,000,000 Kip, shall be punished by one year to four years of imprisonment and shall be fined one ( 1%) of the damage value. In the event the act of corruption is com1nitted on a regular basis or causes damages of more than 50,000,000 Kip to 700,000,000 Kip, the offendel' shall be punished by more than four years to tOurteen years or imprisonment and shall be fined one (1%) percent of the damage value. Jn the event the act of corruption is comn1itted on a regular basis or as part of an organized group and causes damages of 1norc than 700,000,000 Kip to 2,000,000,000 Kip, the offender shall be punished by more than fourteen years to t\venty years of imprison1nent and shall be fined one ( 1%) percent of the damage value. In the event the act or corruption causes darnages or 1norc than 2,000,000,000 Kip the offender shall be punished by life imprisonn1enl and fined shall be fined one (lo/o) percent of the damage value.
Article 363 Cheating bidding or concc..'ision 98 Any official \Vho commits an act of corruption as prescribed in article 354 of this Penal Code as un act of cheating a bidding or concession by concluding agreement bet\veen the government official ancl the sub-contractor and other parties to create conditions for the project to \vin the bidding or concession ofa State's project in order to gain personal benefits and as a result causes damages to the interests of the State, society or the legitimate rights and interests of citizens amounting to more than 5,000,000 KIP to 50,000,000 Kip, shall be punished by one year to four years of imprisonment and shall be fined one (1%) percent of the damage value. In the event the act of corruption is committed on a regular basis or causes damages of 1nore than 50.000,000 Kip to 700,000,000 Kip, the offender shall be punished by more than four years to fourteen years of imprisonment and shall be fined one (lo/o) percent of the damage value. In the event the act of corruption is committed on a regular basis or as part of an organized group and causes damages of 1nore than 700.000,000 Kip Lo 2.000.000.000 Kip. t!1o:: offender shall be punished by fourteen years to t\Venty years of in1prison1nenl and shal! be fined one ( 1%) pr.::n:ent of the dan1agc value. In the event 1l1e act of corruption causes damages or 1nore than 2.000.000,000 Kip rhe offender shall be punished by life imprisonment and shall b,;: fined one ( 1%) percent of the damage value.
Article 364 Falsifying documents or use of falsified documents Any official who commits an act of corruption as prescribed in article 354 of this Penal Code as an act of falsifying documents or using falsified docun1ents by falsifying signature, stamps, deleting or adding \Vords in the content of documents or knowingly using falsified documents in order gain personal benefits and as result causes damages- to the interests of the State, society or the legitimate rights and interests of citizens shall be punished in accordance to the following values: I. (\vhere such dainageJ is not more than 20,000,000 Kip; to be punished by one year to two years of imprisonment from one year to two years and shall be fined one (I%) percent of the value of the damage; 2. [where such damage] is from more than 20,000,000 Kip to 50,000,000 Kip; to be punished by more than t\vo years to four years of imprisonment shall be fined one(!%) percent of the damage value; 3. [Where such damageJ is from more than 50,000,000 Kip to 100,000,000 Kip; to be punished by more than four years to six years of imprisonment and shall be fined one (I%) percent of the damage value; 4. [Where such damage] is fi·om more than 100,000,000 Kip to 300.000,000 Kip; to be punished by more than six years to eight years of imprisonment and shall be fined one (!%)percent of the damage value; 5. [Where such damage] is from more than 300,000,000 Kip to 500,000,000 Kip; to be punished by more than eight years to ten years of imprisonment and shall be fined one (lo/o) percent of the damage value; 6. [Where such damage] is from more than 500,000,000 Kip to 600,000,000 Kip; to be punished by more than ten years to twelve years of imprisonment and shall be fined one ( l %) percent of the damage value; 99 7. [Where such damage] is from more than 600,000,000 Kip to 700,000,000 Kip; to be punished by more than nvelve years to fourteen years of imprison1nent and shall be fined one (I o/o) percent of the damage value; 8. [Where such damage] is from more than 700,000,000 Kip to 800,000,000 Kip; to be punished by more than fourteen years to sixteen years of impri~onment and shall be fined one (I o/o) percent of the damage value; 9. Where such damage] is from more than 800,000,000 Kip to 1,000,000,000 Kip; to be punished by more than sixteen years to eighteen years of imprisonment and shall be fined one (1%) percent of the damage value; IO. [Where such damage] is from more than 1,000,000,000 Kip to 2,000,000,000 Kip; to be punished by more than eighteen years to t\venty years of impri!>onnlent and shall be fined one (I%) percent of the dan1age value: 11. Where such damage] is fron1 1nore than 2,000.000.000 Kip: to be punished by lite in1prisonment and shall be tined one ( lo/o) percent of the dan1agt· valLte: In the event the acl of falsifying documents is conuniued on a regular basis. the offender shall be deprived of liberty and shall be fined 111urc 1han double the prescribed penalties in accordance to the damage values as defined in each point of paragraph I of this article.
Article 365 Disclosure of confidential information for personal gains Any official who com1nits an act of corruption as prescribed in article 354 of this Penal Code as a disclosure of confidential information, State's or official decision that is not authorized by the State to disclose shall be punished by one year to three years of imprisonment and shall be titted from 2,000,000 Kip to 10,000,000 Kip. In the event the act of disclosing confidential information is committed on a regular basis or causes substantial damages, the offender shall be punished by three years to seven years of imprisonment and shall be fined from 10,000,000 Kip to 50,000,000 Kip.
Article 366 Holding back or delaying documents Any official who commits an act of corruption as prescribed in article 354 of this Penal Code as an act of holding back and delaying documents by holding, delaying the time to process official documents and the person who abuses his/her position, power and duties and causes damages to the interests of the State, society or the legitimate rights and interests of citizens, shall be punished by three months to one year of in1prisonment and shall be fined from 1,000,000 Kip to 5,000,000 Kip. In the event an act of holding back and delaying docun1cn1s is ,;01nn1itted on a regular basis, or causes substantial da1nages. the offender shall be punished by one year to five years or in1prisonment and shall be lined frorn 5,000,000 Kip to I 0,000,000 Kip. 100 Chapter 11 Offences in relations to responsibilities
Article 367 Abandonment ofdut)' Any civil servant intentionally abandoning his/her duty and thereby causes damages to the State or social activities shall be punished by six months to three years of imprisonment or re-education \Vithout deprivation of liberty and shall be fined from 1,000,000 Kip to 10,000,000 Kip.
Article 368 Negligence in the performance of duty Any civil servant failing to perform an assigned task. negligently performing such assigned task. or guilty of lack or responsibility, causing dan1ages to the interest of Sta!e or society or the rights and interests of citizens. shall be punished by three months to three years OC inlpriSOnment Of re-education \Vithout deprivation Of liberty and Shall be tined fi·onl 1,000,000 Kip to 5,000,000 Kip.
Article 369 Bribery to the ci..,·H servants and Intermediate Any individual giving ,bribes or agreeing to give bribes to ci·vil Si!rvants shall be punished from six months to l\VO years of imprisonment and a fine equal to the amount or value of the bribe. In the event the amount of the bribe is substantial, the offender shall be punished from three years to five years of imprisonment and fined double the amount or value of the bribe. Bribe intermediaries shall be punished by six months to two years of impriSonment and shall be fined 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. The bribed civil servant:S who have reported the bribe and returned 1noney and assets received to relevant organizations shall not be considered an offender on the charge of bribery. Chapter 12 Offences relating to Breach of the Administration and Judiciary Regulations
Article 370 Pretending to Be Officer Any person pretending to be officer in order to conduct any activity for personal benefits, causing damages to the State, security or social order, shall be punished from three months to two years of imprisonment and shall be fined from 3,000,000 Kip to 10,000,000 Kip. 101 Where such an offence causes serious damages, the ollCnder shall be punishi::d from one year to five years of i1nprisonment and shall be fined from 5,000,000 Kip to !5.000,000 Kip.
Article 371 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 from three months to t\VO years of imprisonn1ent and shall be fined from 3,000,000 Kip to 10,000,000 Kip. Where such an offence causes injury to officers, the ofJCnder shal! be punished fron1 t\vo years to five years of imprisonment and shall be fined from 5,000,000 Kip to 15.000,000 Kip. Where such an offence causes an officer's physical disability or death, the offender shall be punished fro1n five years to t\venty years of imprison1nent and shalt be fined frorn 7.000.000 Kip to 20,000,000 Kip or life imprisonment.
Article 372 Denigration of State Ofticials Any person using indecent acts or words or false allegations to\vards State ofncials to tarnish their reputation and honor or the population's trust in such officials sha!l be punished fro1n three months to t\VO years of imprisonment and sha!I be fined fium 1,000,000 Kip to 5,000,000 Kip.
Article 373 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 fro1n three months to one year of imprisonment and shall be fined from 1,000,000 Kip to 10,000,000 Kip. Where such an offence causes substantial da1nages to important documents, the offender shall be punished fron1 one year to five years of in1prisonrnent and shal I be fined from 3,000,000 Kip to 20.000,000 Kip. Any attempt to co1n1nit such an offence shall also he punished.
Article 374 Falsifying of Docu1ncnts or Use of Falsified Documents Any person falsifying docu1nents, signatures, or seals, or deleting or adding words to documcnls shall be punished f'ro1n three inonths to two years of in1prisonme11L and shall be fined fron1 l,000,000 Kip lo 5,000,000 Kip. Any person kno\vii1gly using tOrged documents shall be punished ti'otn three n1onths to L\VO years ofimprisonmcnl and shall be fined from 3,000,000 Kip to 10,000.000 Kip. Where the falsification or use of falsified documents causes substantial da1nagcs, the offender shall be punished from l\VO years to five years of imprisonment and shall be fined fron1 7,000,000 Kip to 20,000,000 Kip.
Article 375 Ordaining 'vithout Autho1·ization 102 The ordainment of a monk, novice or priest without approval from the relevant authorities shall be punished from three months to one year of imprisonment and shall be fined from l,000,000 Kip to 5,000,000 Kip. A monk performing ordainment \Vithout authorization shall be punished on the same charges.
Article 376 False Allegations Any person intentionally reporting false allegations to the authorities to induce court proceedings or arrest sha[] be punished from one year to three years of imprisonment and shall be fined from 5,000,000 Kip to 10,000,000 Kip.
Article 377 Refusing to give testimony Any victim, civil litigants_ \Vltoess retl1sing to giv:". testiniony to the court or officials for a benefit shall be punished fron1 one year to five years ofimpri~onment and shall be fined from 5,000,000 Kip to 10,000.000 Kip. Any person agreeing to provide a benefit in money or in kind or to serve any of the above-mentioned persons for refusing to give testimony shall be punished from one year to five years of imprisonment and shall be fined fron1 7.000,000 Kip to 15,000,000 Kip.
Article 378 Unjustified Refusal to make expert conclusions: opinions or to provide translations Any expert, specialist or translator refusing to inake expert conclusions, opiniohs or to provide translations to officials or to the court for a benefit, \Vithoi:t plausible reasons, shall be punished from one year to five years of imprisonment and shall be fined from 5,000,000 Kip to 10,000,000 Kip. Any person agreeing to provide benefit in money or in kind or to serve any of the above~mentioned persons for refusing to make expert conclusions, opinions or to provide translations, without plausible reasons, shall be punished from one year to five years of imprisonment and shall be fined from 7,000,000 Kip to 15,000,000 Kip.
Article 379 False testimony Any victim, '>Vitness, expert, specialist or translator who intentionally gives false testimony, opinions or translations to officials or to the court for a benefit shall be punished from one year to five years of imprisonment and shall be fined ti-om 5,000,000 Kip to I0,000,000 Kip, Any person agreeing to provide benefit in mane)' or in kind or to serve [any ot] the above-mentioned persons because ofhis\her false testimony, (opinion or translation) shall be punished from one year to five years of imprisonment and shall be fined from 7,000,000 Kip to 15,000,000 Kip, 103
Article 380 Concealment of Offence Any person \vho knO\VS of or \Vho witnessed an offence con1mitted by another person and \Vho fails to report such offence to officers shall be punished fro1n three months to t\vo years of imprisonment or re-education without deprivation of liberty and shall be fined from 5,000.000 Kip to I 0,000,000 Kip. Any person who becomes aware of an offender and did not report to officers and also further kne\V that the offender was preparing to commit or has committed a ne\v offence but did not report to Officers shall be punished from t\vo years to five years of imprisonment and shall be fined from 7,000,000 15.000,000 Kip.
Article 381 Concealment of Offender Any person \Vho did not n1ake any prior agreement or promise with an offender but \Vho provides shelter or assistance to such an offender [, allo\ving the offen<lerj to evade arrest or trial s!1ali be punished fron1 three 111onths to five years of in1prison1nent llr re- .:dl1calion \Vithoul deprivation of liberty and :>hall be Gned fron1 5.000.000 Kip lo 10.000.000 Kip.
Article 382 Assisting of Offcnde1· tn Evade Arrest or Prosecution Any person threatening. using force or abusing position, or duties to obstruct officers as to assist the offender to evade arrest or prosecution shall be punished from two years to seven years of imprisonment and shall be tined from 7,000,000 Kip to 15,000,000 Kip.
Article 383 Destruction of Evidence Any person intentionally destroying traces of evidence or concealing documents or materials constituting p1·oof of an offence shall punished from six months to three years of imprisonment or re-education \Vithout deprivation of liberty and shall be fined from 3,000,000 K;p to 10,000,000 Kip. Any attetnpt to comn1it such an offence shall also be punished.
Article 384 Misappropriation of Evidence Any person responsible fOr the preservation of properly or material constituting evidc11ce but sells, conceals. inorlgages, uses, replnces or loses the evidence or cotnmits any other unlrl\vful act !in respect of such evidencel shall be pu11ished fi·on1 six 111onths Lo three years or itnprison1ncnt or rc-e<lucatio11 \vithoul deprivation of liberty and shall be fined from 5,000,000 Kip to I O,v00,000 Kip. Where the evidence is or high value or dangerous assets. the olTender shall be punished from t\VO years to five years of i1nprisonn1cnt und shall be lined from 10,000,000 Kip to 20,000,000 Kip. 104
Article 385 Escape from Detention Center or Reformatory Centre Any accused person, prisoner escaping from a detention center or reformatory center during a trial or ;vhile serving his/her sentence shall be punished fron1 six months to three years of imprisonment and shall be fined from 1.000,000 Kip to 5,000,000 Kip. Where such escape from detention center or reformatory center is made v.·ith the use of force against officials, the offender shall be punished from three years to five years of imprisonment and shall be fined from 3,000,000 Kip to I 0,000,000 Kip.
Article 386 Disorder in Detention Center or Reformatory Centre Any person engaging in incitement to disorder or breach of order in a detention center or reformatory center shall be punished from three months to three years of imprisonment and shall be fined from 3,000,000 Kip to 10,000,000 Kip.
Article 387 Physical Violence and ~.orture of Suspects or P1·isoners Any person llsing physical violence and torture. or 1nCasu1·es or other acts inconsistenl \Vith the laws, against suspects or prisoners during the arrest. prosecution or \~ihile serving the sentence shall be punished from three inonths to three years of in1prison111ent or re- education \Vithout deprivation of liberty and shall be fined from 3.000,000 Kip to 10,000,000 Kip.
Article 388 Allo\ving Suspects or Prisoners to Escape Any person \vho negligently or inadvertently allows suspects or prisdners to escape while they are under guard or protection, or during the transport of suspects or prisoners shall be punished fi·om three months to two years of imprisonment and shall be fined from 5,000,000 Kip to I 0,000,000 Kip. Where the offender intentionally allo\VS suspects or prisoners to escape, such an otTender shall be punished from three years to seven years of imprisonment and shall be fined from 7,000,000 Kip to 15,000,000 Kip.
Article 389 Non-enforcement of Court's Decision Any person who does not enforce court's order, final decision, and judgement or summon shall be punished by three months to two years of imprison1nent and shall be fined from l,000,000 Kip to 5,000,000 Kip.
Article 390 Making Illegal Decisions Any concerned person who has the competency to decide or issue any document related to the investigation, adjudication, orders, final decision, judgment, and enforcement of court's decision kno\vingly knows that those document are not consistent with the !aws and causes damages to the interest of the State, collectivity or the legitimate rights and interests of citizens shall be punished from three months to one year of imprisonment and shall be fined from 3,000,000 Kip to !0,000.000 Kip. 105 Where such offender causes serious damages, the offender shall be punished from two years to seven years of imprisonment and shall be fined fro1n 5,000,000 Kip to 15,000,000 Kip.
Article 391 Coercing .Judicial Personnel to Act against La,vs Any person 'vho abuses position and/or powers to coerce, threaten officials, judicial personnel to act against the \a\VS in investigating, prosecuting, adjudicating and/or enforcing court's decision, thus causing serious da1nages, shall be punished from six months to three years of imprisonment and shall he fined from 3,000,000 Kip to 10,000,000 Kip. Where such o!Tendcr causes serious dainages, the offender shall be punished from two years to seven years of in1prisonment and shall be fined from 5,000,000 Kip to 15,000,000 Kip . .t\..rticlc 392 Forcing Pcr.'ion to (;ivc l'estiinon)' or Present False Evidence Any person \Vho. \\"hik: cunducting investigation. pr()secution or trial. employs illegal tricks in order to force persons being questioned to give false evidence, causing serious consequences. shall be punished ti·orri six tnonths to three years of imprisonment and sh<"' II be tined frotn 3,000,000 Kip to 10.000,000 Kip. Where such offender causes s..::rious damages, the offender shall be punished from l\VO years to seven years of i111prisonn1ent and shall be fined fron1 7,000,000 Kip to 20,000,000 Kip.
Article 393 Impeding Case Proceeding Any person impeding case proceeding conducted by concerned officers shall be punished from three months to one year of imprisonment and shall be fined from 3,000,000 Kip to 10,000,000 Kip. Where such offender causes serious daniages, the offender shall be punished from one year to hvo years of imprisonment and shall be fined from 5,000,000 Kip to 15,000,000 Kip.
Article 394 Falsification of Case Dossiers Any investigators. proseculors, court clerks, judges, or other judicial personnel, advocates or defenders, ofl'cnders or other involved parties, \Vho cuts, adds, a1nends, fraudulently exchanges, destroys or damages documents and/or material evidence pertaining to cases, or employs other means \Vilh a vic\v to falsifying the contents of dossiers on cases, shall be punished from one year to five years ol' imprisonrnent and shall be fined from 5,000,000 Kip lo 10,000,000 Kip. Where such offender con1n1itting an offence in an organized group and causing serious damages, the oJTendcr .'ihall be punished fi·om three years to ten years of imprisonment and shall be fined from 7.000,000 Kip to 20,000,000 Kip.
Article 395 Failing to Enforce Court .Judgn1c11ts or J)ccisions 106 Any competent officer who has authority to enforce court judgments or decisions bul intentionally refuses to enforce the court judgments or decisions, causing serious damages, shall be punished from six months to two years of imprisonment and shall be fined from 5,000,000 Kip to 10,000,000 Kip.
Article 396 Obstructing the Enforcement of Court's Judgments Any person who abuses positions, powers or uses force to obstruct the enforcement of cour(s judgments shall be punished from three months to C\VO years of imprisonment and shall be fined fi·om 3,000,000 Kip to 10,000,000 Kip. Where such an otfence is comn1itted in an organized group and using violence causing injuries to officers, the offender shall be punished fi·om hvo years to five years of i1nprisonrnent and shall be tined from 5,000,000 Kip to 15,000,000 Kip. Where such an offence using forces causing an officer's very serious injLtries, ph;.sical disability or tleath, the offen<ler shall be punislit.:d frurn rive }ears Lu l\vent} years of itnprisonn1ent or life i1nprison1nent and shall be lined fi·on1 7.000.000 Kip to 20,000.000 Kip.
Article 397 Assisting Persons Being Held in Detention, Custody, Re-education or Treatment Any person \Vho assists persons being held in detention, custody, re-eduCation or treatment in detention center, custody, re-education or treatment centers to commit ne\V offences in the 1nentioned places or to be free from such detention, custody, re-education or treatment, shalt be punished from two years to seven years of imprisonment and shall be fined from 5.000.000 Kip to 10,000,000 Kip. Jn case of an offence is comrnitted in an organized group and causing serious consequences or the person abuses positions, duties to commit such offence and to provide assistance to a person being sentenced for offences against the national security or a person being sentenced to death penalty, the offender shall be punished from five years to twelve years of imprisonment and shall 'be fined from 7,000,000 Kip 20,000,000 Kip. Chapter 13 Offences Relating to Military
Article 398 Evading from Conscription Any person who does not present themselves when notified, or \Vho is selected but fails to serve as conscripts, shall be subject to re-education, warning to fulfill that obligation. If they still fail to act after re-education, the person shall be punished from three months to one year f'lfimprisonment and shall be fined from 500,000 f(ip to 2,000,000 Kip. Jn time of war, they shall be punished from one year to three years of imprisonment and shall be fined from 1,000,000 Kip to 5,000,000 Kip. 107
Article 399 Obstructing, Hiding or Concealing other Persons from their National Defense Obligations as Conscripts Any person who obstructs, hides or conceals other persons fro1n their national defense obligations as conscripts shall be punished fron1 three months to one year of imprisonment and shall be fined from 1,000,000 Kip to 5,000,000 Kip. In time of \.Var. they shall be punished from one year to three years of imprisonment and shall be tined from 3,000,000 Kip to 7,000,000 Kip . .d..rticle 400 Escaping from Service as Conscripts If any person \Vho is conscripts escapes from their establishments prior to the end of the term of service, they shall be subject to re-education by the local administration and shall return to their establishn1ents. If they refuse to return, they shall be punished from six months Lo t\VO years of imprisonment and shall be fined Ii-om 2.000.000 Kip to 5,000.000 J(ip. In lin1e of,var. they shall be punished ti·on1 one year tu three years of imprisonment and ::;h<1ll be fined from 5.()00,000 Kip to 10,000.000 Kip.
Article 401 Offences Comnlittcd in the Military Can1ps or l\Iilitary Base Any person causing disorder or breaching order in tbe military camps or military base or at time of military activity shall be punished froin three months to three years of in1prisonment and shall be fined from 1.000,000 l(ip to I 0,000,000 Kip. Where such an offence causes serious damages to the army, the offender shall be punished from one year to five years of imprisonment and shall be fined from 3,000,000 Kip to 15,000,000 Kip.
Article 402 Escaping from Service as Soldiers Any army personnel escaping from their establishments in order to evade their duties shall be punished fron1 six months to five years of in1prison1nent and shall be fined from 1,000,000 Kip to S,000,000 Kip. Where such an offence leads to other offences and thus causing serious consequences, the offenders shall be punished tl·om seven years to \\Velve years or imprisonment and shall be fined fium 3,000,000 Kip to 10,000,000 Kip. ff ofTender holds a position or com1nander and incites or leads other persons to participate in the con1mission of the offences, the offender shall be punished fron1 ten years to l\venty years ofimprisonmenL and shall be fined fro1n 20.000.000 Kip lo 50.000,000 Kip.
Article 403 Disobeying Orders Any person who disobeys orders or their direct lines of comn1nnd given by their ofticcrs or co1npctent superiors, and incites other pcrso11(s) to participate in the comn1ission of the offense. in using force to fight back shall be punished from six n1onths to ten years of iinprisonment. Where such an o!Tence causes particularly serious consequences and harms, the offenders shall be punished fron1 ten years to ~venty years of iinprisonmcnt. 108
Article 404 Negligently Issuing Orders Any person who issues orders dilatorily, negligently, or casually, thus causing serious consequences shall be punished from three months to three years of imprisonment. Any person \vho issues orders dilatorily, negligently, or casually, thus causing particularly serious consequences and harms shall be punished from one year to five years of imprisonment. Where the offence is committed during the combat, in battle zones or in other special circumstances, causing very serions consequences and harms, the offenders shall be punished from five years to l\Venty years of imprisonment.
Article 405 Obstructing Fello'v Combatants frotn Discharging their Duties and Responsibilities Any person \\ho obstructs fella\\, combatants from discharging their dulies and responsibilities .shall be punished from tl1ree n1onths to thrr:e years of imprisonn1ent or re- education \vithout depriYation of liberty. In case of inciting other persons to participate in the commitment of the offense, using forces to fight back. the offender shall be punished from t\VO years to ten years of imprisonment. Where such an ot'fence causes very serious consequences and harms, the offender shall be punisl1ed from seven years to fifteen years of imprisonment. · In case the offense is committed during the combat, in battle zones or in other special circumstances, causing particularly serious consequences the offender shall be punished from ten years lo t~venty years of imprisonment.
Article 406 Denigration or Assaulting Commanders or Superiors Any person \vho tarnishes the dignity and honor of or assault commanders or superiors shall be punished fron=. three months to three years of imprisonment or re-education without deprivation of liberty. Where such an offence is committed in group or results in severe injuries, the offender shall be punished from two years to five years of imprisonment. Where such an otfence causes the victim's invalidity or handicap or death, the offender shall be punished fron1 ten years to twenty years of in1prisonment. If, in time of \Var. such an offence causes the commander's injuries, invalidity or handicap or death, the offender shall be punished from seven years to twenty years of imprisonmenl or life imprisonment.
Article 407 Humiliating or Applying Corporal Punishment to Subordinates Any person who seriously infringes upon the dignity and honor of or applies corporal punishment to subordinates shall be punished from three months to three years of imprisonment or re-education \Vithout deprivation of liberty. 109
Article 419 Losing or Unintentionally Damaging Military Strategic Documents, Military Weapons and/or Technical Means Any army personnel \Vho nre assigned to manage or are equipped with milital}1 strategic documents, military \Veapons and/or technical means but loses or unintentionally damages them, causing serious consequences and hanns, shall be punished from six months to five years of imprisonment. Where such an otTence leads to other otl'ences causing serious, very serious or particularly serious consequences. the offenders shall be punished from three years to seven years of imprisonment.
Article 420 Violating Policies to,vards War Wounded and/or \\'ar Dead during Combat Any responsible arn1y personnel who deliberately leaves \VUr-\vounded and \Var dead on the battlefield during crnnbat or !eaves \Var \vounded untended and untreated, thus causing serious consequences and harn1~. shall be punished Jl·o1n three months to three years of imprisonn1ent or rc-edl1cation \\'ithout deprivation of liberty. \\1here such an otlence leads to other offences causing serious, very serious or particularly serious conseqt1e11ces, the offenders shall be punished fron1 tv.·o years to Sc\·en years of in1prisonmenl.
Article 421 Appropriating or Destroying War Objects Any army personnel \.Vho, during the con1bat or clearing the battlefields, approprlates or destroys \Var objects shall be punished fro1n six tnonths to live years of imprisonment or re-education \Vithout deprivation of liberty. If the offenders \vho are holding the position ofco1n1nanders, have in their possession \var legacy objects of particularly great value or entails particularly serious consequences and harms shall be punished from three years to eight years of imprisonment.
Article 422 Mistreatment of Prisoners of War and/or Enemy Deserters Any person who mistreats prisoners of,var and/or enemy deserters shall be punished from three months to t\vo years of imprisonment or re-education \.vithout deprivation of liberty.
Article 423 Pretending to Be Military Officer Any person pretending to be officer in order to conduct any activity fOr personal benefits, causing damages to the dignity, honor, the interests of the army, national security or social order, shall be punished fron1three111onths lo three years ofimprisonn1ent and shall be fined from 1,000,000 Kip to 10,000,000 Kip. Where such an offence causes very serious consequences and leads to other offences, the offender shall be punished fron1 one year to seven years of itnprisonment and shall be fined from 5,000,000 Kip to 20,000000 Kip. 112 Part III Final Provisions Artic]e 424 Implementation The Government of the Lao People's Democratic Republic, Supreme People's Court, Office of the Supreme Prosecutor and other relevant authorities are to implement this Penal Code,
Article 425 Entry into Force This Penal Code shall come into force from tl1<: date the President of the Lao People's IJemocratic Republic issues a Presidential Decree to promulgate it and after it is published in the Official Gazette for fifteen days. This Penal Code replaces the Penal La\V No. 12/NA. dated I) Noven1bcr 2005. The follo\ving provisions in other la\VS detennining the criininal offences and penalties \Vhich are codified in this Penal Code :::hall be no longer valid from the date this Penal Code is effective: J. Article 124 of the La\V on Insurance No. 06/NA. dated 21 December 2011; 2. Article 59 of the La\V on Telecommunication No. 060/NA, dated 16 January 2012; 3. Articles 59, 60, 61 of the Anti-Corruption La\v !-.Jo. 27fNA, dated 18 December 2012; 4. Articles 86, 87 of the Law on Com1nercial Banks No. 03/NA, dated 26 December 2006; 5. Article l 04 of the Law on Standards No. l JINA, dated 26 December 2007; 6. Articles 85, 86, 87, 88, 89, 90 of the La\V on Protection of Rights and Interests of Children No. q5JNA, dated 27 December 2007; 7. Article 127 of the Law on Forestry No. 06/NA, dated 24 December 2007; 8. Article 71 (Final Paragraph) of the La\v on Aquatic and Wildlife No. 07!NA, dated 24 December 2007; 9. Article 162 of the Law on Intellectual Property No. 01/NA, dated 20 December 20 11; 10. Article 69 of the La\v on Anti I-UV/Aids No. O!INA, dated 29 June 20!0; 11. Article 75 of the Law on Narcotics No. I 0/NA, dated 25 December 2007; 12. Articles 2, 3, 4 of the Law on the An1endment of Article 146 of the Penal La'v and Articles 75, 76 of the Law on Narcotics No. 22/NA, dated 21 December 20 IO; 13. Articles 170 of the Law on Stock Exchange No. 21/NA, dated 10 December 2012; 113 14. Articles 66, 67, 68, 69 and 70 of tile La\v on Anti tv1oney Laundering and Financing ofTerrorism No. 50/NA, dated 21 July 2014; 15. Article 68 of the Law on Fishery No. 03/NA. dated 9 July 2009; 16. Article 49 of the Law on Developrnenl and Protection of Women No. 08/NA, dated 22 October 2004; 17. Article 52 of the Law on Management of Foreign Currency No. 55/NA, dated 22 December 2014; 18. Article 79 ( 1), (2), (3) and (4) of the La>'.' on the Prevention of the Use of Violence against \\1oman and Child No. 56/NA, dated 23 December 2014; 19. Artie-le 62 of the La\v on the Prevention of Cyber Crimes No. 61 /NA, dated 15 July 2015; 20. Article 89 of the La\v on Anti J-luman Tramcking No. 73/NA, dated 17 Decen1ber 2015. P1·csitlc11t of the National Asscn1blJ 114 .. '" Printed by: .., ~ LUX • glz LUXEMBOURG ' ' ' AID I DlVELOPMIMT I .. I ~ u•r <••••"' 1·10•~• cV :.t•• f •••• l (200 copies printed for Official Handover Cer emony only)