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 1

General Provisions

 

Article 1    Role of the Penal Code

The Penal Code intends to safeguard the political, economic and social regimes of the Lao PDR, 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 prevent and counter offences; and to teach all citizens to be aware of the laws.

In order to fulfill this role, the Penal Code defines certain acts which endanger the public as criminal offences and establishes penalties for the perpetrator(s).

Article 2    The Penal Code

This Penal Code is the 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:

1. 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 laws that define criminal offences and punishments promulgated after this Penal Code becomes effective;
3. Territory of the Lao PDR means the area where the Lao PDR is located on the world map including upper land, underground, waters and airspace, and the area where the offices of Lao diplomatic representatives are located, consulates, offices of permanent representatives of Lao PDR to international and regional organizations in foreign countries, including vehicles carrying a Lao flag, such as cars, boats, ships and aircraft as prescribed in International Conventions to which Lao PDR is a party;
4. Any person as stipulated in Chapter 1 to Chapter 11 of Part II of this Penal Code means offenders that includes natural persons and legal persons;

5. Any person as stipulated in Chapter 12 Part II of this Penal Code means army personnel in active service, reserve army personnel in the period of concentrated training, citizens requisitioned for service in the army, militiamen, self-defense personnel detached to army units in combat or combat service;
6. Legal person means an enterprise as stipulated in Enterprise Law, including cooperatives, domestic and foreign associations and foundations legally established as legal persons;
7. Moral consciousness means being conscious of knowing what is right and wrong when committing an act;
8. Sexual Intercourse means the use of each other’s sexual organs or the use of one

sexual organ with another’s organ of the body;

9. A sexual act means putting a male’s sexual organ into a female’s sexual organ or putting a female sexual organ onto a male sexual organ or putting sexual organs into other organs of the body;
10. Pornography means the display of sexual organs and sexual behavior between humans;
11. Diplomatic immunities mean the rights of diplomats to be exempted from criminal proceedings as provided in International Conventions to which the Lao PDR is a party;
12. Prohibited goods mean the goods that are not allowed to be sold, exchanged, produced, imported or exported, or goods that must be under the control of relevant state organizations;
13. Black magic means non-scientifically proven magic or other superstitious practices;
14. Unlawful abortion means an abortion not authorized by a medical doctor commission;
15. Forbidden gambling means unauthorized gambling;
16. Person with mental disabilities means a person who has lost his or her mental functionalities;
17. Serious disease means an incurable disease;
18. Human flesh means cells of the human body, including sperm, tissue and fetuses;
19. Financial institution means commercial banks and other non-banking financial institutions such as micro financial institutions, credit cooperatives;
20. War objects means objects used in

Article 4    Basics of Criminal Liability

A person or legal person can be charged with criminal liability and be subject to criminal punishment only when the person or legal person has committed acts deemed dangerous for society as prescribed in this Penal Code and in other related Laws that prescribe criminal offences and punishment and when a final decision is rendered by a court.

Article 5          Basic Principles of the Penal Law

The basic principles of the Penal Law are as follows:

1. When offences occur there must be criminal liabilities;
2. The offenders bear liability for the offences;
3. The offenders’ liability shall be based on the nature and degree of severity of the offence, the personality of the offenders and attenuating and aggravating circumstances.

Article 6   Obligation to Prevent and Combat Offences

Persons, legal entities and organizations are obliged to join 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

The general provisions of the general part of this Penal Code shall also apply to offences as provided in other laws.

Chapter 2 Scope of Penal Law

 

Article 8    Application of the Penal Law within the Territory of the Lao PDR

The Penal law is applied to all offences committed on the territory of the Lao PDR. A person or legal person who commits an offence within the territory of the Lao

PDR shall be punished in accordance with the Penal Code of the Lao PDR.

In the event that diplomatic representatives or individuals enjoying diplomatic immunity, conferred by International Conventions to which the Lao PDR is a party, commit offences on the territory of the Lao PDR, these cases shall be settled based on the International Conventions to which the Lao PDR is a party or through diplomatic channels.

Article 9    Extraterritorial Application of the Penal Law

Lao citizens who commit offences outside the territory of the Lao PDR shall be charged with and punished for such offences if they are defined as offences under this Penal Code and other related Laws of the Lao PDR that define criminal offences and punishment.

Aliens and stateless individuals residing in the Lao PDR who commit offences outside the territory of the Lao PDR shall also be punished.

Foreign individuals who commit offences outside the territory of the Lao PDR, which infringe on the national interests of the Lao PDR or legitimate rights and interests of Lao citizens, shall also be punished.

Article 10        Period of Effectiveness of the Penal Law

The Penal Law applies from the date of its entry into force.

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

Any new law in this Penal Code providing for new offences or calling for heavier punishment than what is provided in an earlier law shall not take retroactive effect.

Chapter 3 Offences and Offenders

 

Article 11   Offences

A criminal offence is an act or omission deemed dangerous to the political, economic or social regimes of the Lao PDR, to the interests of the State, legitimate rights and interests of citizens and organizations, to the lives, health, honor and dignity, rights and freedom of the people, or to national security or social order as provided in this Penal Code and other related laws of the Lao PDR that define criminal offences and punishment.

All acts or omissions that meet all the elements of a criminal offence but causes loss to the value of property worth less than one million (1,000,000) kip shall be settled by means of mediation or other forms of settlement, except for acts of mugging, robbery, acts of recidivism or acts performed on a regular basis.

Article 12        Components of Offences

The 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 components as follows:

1. Material component;
2. Objective component;

3. Subjective component; and
4. Actor’s

The material component of an offence refers to any social relationship that is regulated under the Penal Code and that is affected by the offence.

The objective component of an offence refers to the external characteristics of the behavior that has caused or is evidence of an intention to cause damage to a social relationship that is regulated by the Penal Code, including the time, location, means, instrument, circumstances and methods used for committing the offence.

The subjective component of an offence refers to the characteristics of the attitude and state of mind of the offender regarding his/her act of offence, as expressed externally through the behavior that constitutes the offence.

The actor’s component of an offence refers to the offender being either a natural or legal person, with full mental faculty, not insane, and having reached fifteen (15) years of age or above.

Article 13        Categorization of Offences

Offences are categorized into three different levels of culpability:

1. Minor offences, which are offences punishable under the law by public criticism or fines;
2. Major offences, which are offences punishable under the law by re-education without deprivation of liberty or imprisonment from three (3) months to ten (10) years and fines;
3. Crimes, which are offences punishable under the law by imprisonment from five (5) years up to life imprisonment with fines and/or the death penalty.

Article 14   Intentional Offences

Intentional offences are acts or omissions that the offender undertakes with full knowledge of their dangerous effect on society and their consequences but intends to commit or let occur.

Article 15   Negligent Offences

Negligent offences are acts or omissions undertaken carelessly by the offender despite full knowledge that such acts or omissions 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 would take place.

Article 16   Acts Constituting Several Categories of Offences

An act constituting several categories of offences 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 that are classified as the same or similar category of offence, where each offence has never been sentenced by a court and shall be brought to the same court.

Article 18   Double Offences

A double offence means two offences or more that are classified as different categories of offences, where none of the offences have not been sentenced by a court and shall be brought to the same court.

Article 19   Organized Crime

Organized crime means crimes committed by a group or groups of more than three persons organized within a period of time and who planned to commit major offences or crimes.

Article 20   Occupational Crime

Occupational crime means offences of the same or similar nature committed three times or more but for which no offender has been brought to justice.

Article 21   Recidivism

Recidivism is an offence committed by an individual who has been sentenced for the commission of a previous intentional offence but recommitted a new intentional offence whilst serving his/her sentence or commits a new intentional offence of the same nature or similar, within a following period:

1. One (1) year for a minor offence;
2. Five (5) years for a major offence;
3. Seven (7) years for a

Article 22        Preparation to Commit Offences

Preparation to commit an offence is the preparation of the means or materials of the creation of conditions or other factors necessary in order to commit an intentional offence.

Preparation to commit an offence shall only punished if deemed dangerous for society, as provided for in the specific part of the Penal Law.

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

Preparation to commit minor offences shall not be punished.

Article 23   Attempt to Commit an Offence

An attempt to commit an offence is the intentional commission of part of the offence, but which is unsuccessful due to external circumstances that prevent the full offence from being committed.

Attempts to commit an offence shall be punished only if deemed dangerous for society, as provided in the Penal Law.

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

Attempts to commit minor offences shall not be punished.

Article 24   Voluntary Abandonment of Offences

Any individual who voluntarily abandons the completion of an offence during its preparation or attempt shall not bear criminal liability, unless any act of preparation or attempt which he/she has taken is an offence of another nature.

Article 25   Offender

An offender is a person or a legal person who commits any acts or omissions that endangers society and that have all the 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.

The participants can include:

1. Authors;
2. Implementers;
3. Inciters; or

Article 27        Authors

The author is the one who plans, organizes and gives instructions to commit the offence.

Article 28        Implementers

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

Article 29   Inciters

The inciter is the one who persuades, mobilizes, and encourages others to commit the offence.

Article 30   Accomplices

The accomplice is the one who intentionally assists in the offence or who, prior to the offence, commits to conceal or cover the offender, instruments and tools of the offence, to efface traces of the offence or to conceal any proceeds from the offence.

Chapter 4

Prescription in Criminal Proceedings And Exemption from Criminal Liabilities

 

Article 31   Prescription of Criminal Proceedings

Prescription of criminal proceedings is the term for prosecution of criminal cases as provided for in this Penal Code. If the term has ended, then the prosecution of criminal cases shall not be possible.

Terms of prescription are as follows:

1. One (1) year for a minor offence;
2. Seven (7) years for a major offence; and
3. Fifteen (15) years for a

Terms of prescription of criminal proceedings shall commence from the date when the offence is committed. Where a new offence is committed within the terms of earlier prescription of the offence, the terms of prescription shall start from the date that the new offence is committed. Where an offender escapes from custody, the terms of prescription shall commence from the date that the offender is presented to the court or is arrested.

Article 32   Non-application of Terms of Prescription

Terms of prescription as stated in Article 31 of this Penal Code shall not apply to acts of genocide and crimes against national security as specified in Chapter 1 of Part II of this Penal Code, except offences for forgery of bank notes, use of forged bank notes and money laundering.

Article 33        Circumstances that Lead to Exemption from Criminal Liability

Circumstances that lead to exemption from criminal liability are as follows:

1. Expiration of the terms of prescription

2. Force or duress;
3. Legitimate defenses;
4. State of necessity;
5. Performance of a professional duty;
6. Obeying an order;
7. Sport practices; and
8. Offences against which complaints must be lodged by the damaged

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 Penal Code.

The expiration of the terms of prescription of criminal proceedings leads to the exemption of criminal liability.

Article 35        Force and Threat

Any individual committing an offence under force or threat of force in circumstances where such force or threat of force could not have been avoided shall not bear criminal liabilities.

In the event that such offence is a crime, the use of force or threat of force shall constitute extenuating circumstances for criminal punishment only

Article 36   Legitimate Defense

Acts of legitimate defense are acts taken by an individual to safeguard the interests of the State or society, to safeguard his/her own or another 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 that the acts of legitimate defense against act of aggression must be proportional to the acts of aggression.

Article 37   State of Necessity

Any act taken in a state of necessity means an act taken by an individual which 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, where such threats cannot be avoided by other methods and where the damage caused by such act is less than the damage that would have resulted 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:

1. The act shall be within the scope of the rights and duties [of the actor]; and
2. The act shall be in conformity with professional duties and

Article 39        Obeying an Order

Obeying an order shall be regarded as a circumstance that leads to exemption from criminal 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 laws;
3. The person obeying the order shall have the right and duty to obey such order; and
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 41   Offences Against which Complaint Must be Lodged by the Damaged Parties

No criminal proceedings shall be brought in respect of offences that do not cause public danger and in respect of which 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:

1. Physical violence between close relatives without serious injury or physical disability, except for acts of physical violence against women and children, elderly persons aged sixty (60) years or over or people with disabilities or acts performed on a regular basis 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; and
5. Violation of domicile and

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

Chapter 5 Penalties

 

Article42   Penalties

A penalty is a compulsory State measure as prescribed in the Penal Law used to restrictor revoke the rights and interests of 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 towards work, to properly and strictly comply with the laws, to respect social rules, and to avoid recidivism on the part of the punished offender and other individuals.

Penalties are not aimed at generating physical suffering or outrage to human dignity.

Article 44       Categories of Punishment

Penalties are composed of principal, additional and alternative penalties. Principal penalties are the following:

1. Public criticism;
2. Fines;
3. Re-education without deprivation of liberty;
4. Expulsion;
5. Deprivation of liberty with terms;
6. Life imprisonment; and
7. Death

Additional penalties are the following:

1. Fines not intended as a principal penalty;
2. Confiscation of property;
3. Confiscation of items connected to the offence;
4. Deprivation of the right to vote and the right to be elected;
5. House arrest;
6. Expulsion not intended as a principal penalty;
7. Restoration;
8. Withdrawal of license; and

9. Forbidding the offender to perform a function or duty or to exercise a profession, including the withdrawal of medals or titles.

For major offences, the court may pronounce one or two additional penalties instead of a principal penalty.

Alternative penalties are the following:

1. Working for public utilities; and
2. Space

The court may apply alternative penalties instead of either principal and/or additional 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 case in hand and are within the monetary limits as stated by the applicable law. The fine must be computed in accordance with the gravity of the offence, on the basis of the offender’s economic status and the costs of living at each period. The fines shall be transferred to the treasury of the State.

The fines must be paid in full or in instalments within a period of the court’s decision. In the event that the offender does not have the capacity to pay the fine, the court may commute such fine into the penalty of 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 cases where the offence is prescribed a penalty of more than three (3) years.

For economic and financial offences for which the law prescribes deprivation of liberty less than three (3) years, except for recidivism or offences committed on a regular basis, the fine can be prescribed as a principal penalty; however, if the offender cannot pay the fines, the fines can be commuted by the court into deprivation of liberty by counting one (1) day of deprivation of liberty as being equal to the minimum daily remuneration of a 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 work or at other locations, and pursuant to which five (5) to

twenty (20) per cent of his/her total salary is remitted to the State in accordance with the court’s decision.

A penalty of re-education without deprivation of liberty shall not exceed one (1)

year.

Article 48   Expulsion

Expulsion is a penalty inflicted upon foreign offenders having to leave the territory of the Lao PDR for a period of not less than ten (10) years. The court may use expulsion as a principal penalty or an additional penalty on a case by case basis. The expulsion shall be imposed in cases of major offences causing serious damage and in the case of crime.

Article 49   Deprivation of Liberty with Terms

Deprivation of liberty with terms is the deprivation of liberty for a period ranging from three (3) months to twenty (20) years that the sentenced persons shall serve in the detention center.

Article 50   Life Imprisonment

Life imprisonment is a deprivation of liberty for an unlimited period of time, applied to a person having committed a very serious offence, where it is not suitable to impose the death penalty.

Life imprisonment may not be imposed on offenders of less than eighteen (18) years old and on women in a state of pregnancy when the offence is committed, but instead a deprivation of liberty with a term of twenty (20) years may be imposed.

Article 51   Death Penalty

The death penalty is the special punishment to be imposed on offenders in especially serious cases as stated in the specific part of this Penal Code and other related Laws with criminal offences and punishments.

The death penalty is carried out by shooting.

It is forbidden to inflict a death sentence on offenders of less than eighteen years old, on pregnant women, on women nursing their children under three years, on elderly persons sixty years of age and over and on persons with mental disabilities at the time when the offence was committed, when the court renders its decision, or when the sentence is served by commuting the sentence to life imprisonment.

Article 52   Confiscation of Assets

Confiscation of assets is the confiscation by the State of all or part of an offender’s property, except property used to commit the offences or constituting crime proceeds, without any compensation by focusing only on the most serious crimes as prescribed in the Penal Law.

In the event of the confiscation of all of the offender’s property, exception shall be made for assets that are indispensable for the livelihood of the offender and his/her family, such as the permanent dwelling of the sentenced person, animals for those working as farmers, objects necessary for the daily life of the sentenced person and of any persons under the custody of the sentenced person. In the event that partial confiscation of property is imposed, the court shall draw up a clear list of assets to be confiscated.

The property belonging to the State cannot be forfeited and must be returned to the relevant agencies.

Article 53   Confiscation of Objects (Items)

Confiscation of items is the confiscation of items used to commit an offence or for which the offence is committed or crime proceeds obtained from an 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 when the owner of the items gave them to the offender in bad 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 the Right to Vote and to be Elected

Withdrawal of the right to vote and to be elected is the suppression of the rights of offenders who have committed crimes to vote and to be elected.

The penalty of withdrawal of the rights to vote and to be elected must not exceed five (5) years from the date after he/she has finished serving his/her sentence or termination of limitation period for execution of the court’s judgment.

Article 55       Prohibition of Residence (House Arrest)

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

House arrest must not exceed five (5) years from the day after he/she has finished serving his/her penalty.

The sentence of house arrest may not be imposed on offenders of less than eighteen

(18) years old or on pregnant women or women in charge of children under eight (8) years of age at the time when the offence is committed.

House arrest is specified in the specific part of this Penal Code.

Article 56   Restoration

Restoration is a court measure imposed on an offender to restore or rehabilitate the environment to its original state, such as rehabilitation of forest, water, soil, odor or air.

Article 57   Withdrawal of License

Withdrawal of license is the revocation of an offender’s license, namely his/her driving license, investment license, business license, exploration of natural resources license or other such licenses.

The court may decide to revoke the driving license of an offender if the offence constitutes a triple violation of traffic rules or caused an accident or if the offence caused serious damage.

Article 58  Forbidding the Offender to Hold a Position, Perform 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 withdrawal the offender’s orders, medals or titles.

Article 59   Working for Public utilities

Working for public utilities is working for the public interest or any socially beneficial work that the court may impose on an offender for a major offence for which the law prescribes imprisonment of not more than three (3) years. This work for public utilities shall not affect human dignity and is performed without any remuneration.

The penalty of working for public utilities imposed on offenders shall not be less than sixty (60) hours and shall not exceed seven hundred and fifty (750) hours.

By imposing a penalty of this nature, the court shall take into consideration

the purpose of the penalties, the nature of the offence and the personality and consent of the offender. The court may impose the penalty of working for public utilities to replace the penalty of a fine or the penalty of deprivation of liberty for not more than three (3) years or may replace both penalties.

Where the offender fails to serve this sentence of work for public utilities, the court shall commute this penalty into deprivation of liberty with terms by calculating every eight

(8) hours of working for public utilities as one (1) day of deprivation of liberty.

Article 60   Space restriction

Space restriction is the confinement of the sentenced offender to a place or area of residence as provided for in the court’s decision. If deemed necessary, an authorization from the court shall be obtained.

Space restriction shall be imposed on an offender for a maximum period of six (6) months.

Space restriction is an alternative penalty that the court can use to commute fines or deprivation of liberty for which the Law prescribes deprivation of liberty not exceeding three (3) years except for recidivism or offences committed on a regular basis, taking into account the nature of the offence and personality of the offender.

Chapter 6 Prescription of Penalties

 

Article 61   General Principle on the Prescription of Penalties

The court prescribes penalties in accordance with the legal provisions on the punishment of offences.

In prescribing penalties, the court must consider the nature and degree of the social threat posed by the offence, the personality of the offender, and circumstances conducive to the reduction or the increase of criminal liability.

Article 62       Severity of Offences

The severity of an offence is determined 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 in Article 13 of this Penal Code.

Methods used to commit the offence refer to methods used to commit the offence such as torture, outrageous acts towards the victim or by methods causing public danger.

Article 63       Degree of Severity

The level of danger posed by an offence depends on the actual loss of life, health, honor, dignity or property caused by the intentional offence or negligence.

There are three levels of loss to property as follows:

1. Low level or minor loss, amounting to less than twenty million (20,000,000) kip;
2. Medium level or medium loss, ranging from twenty million (20,000,000) kip to fifty million (50,000,000) kip; and
3. High level or substantial loss, amounting to more than fifty million (50,000,000)

kip.

Article 64       Circumstances Conducive to the Mitigation of Criminal Liabilities

Circumstances conducive to the mitigation of criminal liabilities are:

1. The offender is less than eighteen (18) years old or above sixty (60) years old;
2. A female offender’s state of pregnancy or any woman nursing a baby under three

(3) years of age;

3. An excessive legitimate defense;
4. An offence committed under strong emotional shock generated by an illegal act of the victim;
5. An offence committed with excessive necessity;
6. A crime committed under force or threat of force;
7. An offender prevents and repairs damage caused by his/her offence or voluntarily compensates for the damages in good faith;
8. An offence committed due to the offender’s seriously difficult situation or that of his/her family.
9. The offender expresses remorse and surrenders to officials, and confesses the details of the offences committed by him/her and others;
10. The offence is the first offence and such offence does not cause serious public danger;
11. An offender has shown merit towards the

In the prescription of penalties, the court may take into consideration other factors that are not defined in this article.

Article 65        Circumstances Conducive to the Increase of Criminal Liabilities

Circumstances conducive to the increase of penal responsibilities are

1. Recidivism;
2. Offences committed by organized groups;
3. Offences committed out of greed;
4. Offence towards the State’s property;
5. Offences of civil servants and government’s officials;

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 with serious consequences;
10. Offences committed during emergency situations;
11. Offences committed through dangerous methods for the public;
12. Offences committed in a state of drunkenness or drug Based on

the nature of the committed offences, the court has the absolute right to decide whether or not to increase the penal responsibilities;

13. Intentional imposition of guilt on honest persons;
14. Offenders are found guilty of concealing other offences or using violence to

escape.

Article 66   Prescription of Penalties for Offences Pertaining to Several Articles

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 (10) years for major offences and twenty (20) years for crimes. Where there are several offences in violation of several articles pertaining to major offences or crimes, the crime shall be considered as the main penalty.

For crimes for which the law prescribes life imprisonment or the death penalty, the penalty imposed will be the penalty defined in relevant article or paragraph.

Where there is prescription of a total penalty for accumulative offences in violation of several articles, legal provision shall be made providing for equal punishment by accumulating the penalties for each separate offence, but the final result must not exceed the highest penalty that could have been imposed for the most serious offence among such offences.

The court may add additional penalties to the principal penalties in the event that such additional penalties are 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 whole, but it transpires that additional offences had previously been committed by the offender, the prescription of penalties must be made according to the above-mentioned procedures.

Fines must be prescribed based on each offence separately, and cannot be subject to the above-mentioned procedures for accumulating and consolidating penalties.

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 major offences or in accumulative offences shall be made by adding the penalty that the court would impose to the offender in the 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 new offence after a court decision has been rendered and become final, or while the offender is serving his/her sentence, the court shall add the remaining part of the penalty which is still due to be executed to the newly imposed penalty.

Article 69   Prescription of Penalties for the Preparation of Offences

Prescription of penalties for the preparation of offences shall take into consideration the nature and degree of social threat of the offences, the extent to which the offender acted on his/her ill intentions, and the causes of such unsuccessful offences.

In prescribing penalties for the preparation of offences, the court may impose sentences with lighter penalties than those prescribed by the Law.

Article 70   Prescription of Penalties for the Attempts to Commit Offences

Prescription of penalties for the attempts to commit offences shall take into consideration their nature and degree of social threat, the extent to which the offender acted on his/her ill intentions and other causes of such unsuccessful offences.

In prescribing penalties for the attempt to commit offences, the court may impose sentences with lighter penalties than those prescribed by the Law.

Article 71   Prescription of Penalties on Authors

The court shall impose penalties on the participant in accordance with the penalties prescribed under the Law for the author of such offence.

The penalty to be imposed on the authors may be higher than the penalty that will be imposed on other participants based upon the nature and degree of the social threat posed by the offence, the personality of the author and circumstances conducive to the reduction or the increase of criminal liabilities.

Article 72   Prescription of Penalties for Implementers

The court may impose the same penalty on the implementer as imposed on the author based upon the nature and degree of the social threat posed by the offence, the personality of the implementer, and circumstances conducive to the reduction or the increase of criminal liabilities.

Article 73   Prescription of Penalties for Inciters

The court may impose the same penalties on the inciters of an offence as those imposed on other participants or lighter than what is prescribed by the Law based on the level and nature of incitement.

For incitement to commit an offence that the Law prescribes life imprisonment or the death penalty for, the court may reduce the sentence to deprivation of liberty from fifteen (15) years to twenty (20) years.

Article 74   Prescription of Penalties for Accomplices

The penalty inflicted on accomplices is the same penalty as inflicted on other participants or lighter than what is prescribed by the Law based on level and nature of incitement.

In prescribing penalties on accomplices to an offence where the Law prescribes the death penalty or life imprisonment, the court may reduce the sentence to deprivation of liberty from fifteen (15) years to twenty (20) years.

Article 75  Prescription of Penalties for Offences having Circumstances Conducive to the Reduction of Criminal Liabilities

The prescription of a penalty for an offence having circumstances conducive to the reduction of criminal liabilities shall be made based upon the nature and degree of the social threat posed by the offence, degree of its completion, the intention, profile, history, and personality of the offender.

In prescribing a penalty for an offence having circumstances conducive to the reduction of criminal liabilities, the court may impose sentences with lighter penalties than what is prescribed by the Law.

Article 76  Prescription of Penalties for Offences having Circumstances Conducive to the Increase of Criminal Liabilities

The prescription of a penalty for an offence having circumstances conducive to the increase of criminal liabilities shall be made based upon the nature and degree of the social threat posed by the offence, degree of its completion, the intention, profile, history and the personality of the offender.

In prescribing a penalty for an offence having circumstances conducive to the increase of criminal liabilities, the court shall impose sentences with penalties not exceeding the limits of the relevant articles.

Article 77  Prescription of Penalties for Offences having Circumstances Conducive to the Reduction and the Increase of Criminal Liabilities

The prescription of a penalty for an offence having circumstances conducive to the reduction and the increase of criminal liabilities shall be made based upon the nature and degree of the social threat posed by the offence, degree of its completion and the intention, profile, history and personality of the offender.

Article 78   Prescription of a Lighter Penalty than what is prescribed by the Law

The prescription of a lighter penalty than what is prescribed by the Law is the prescription of a penalty lower than the limits of what the legal provisions prescribe on the punishment of offences, except for paragraph 2 of Article 73, paragraph 2 of Article 74 and paragraph 5 of Article 86 of this Penal Code.

In prescribing a lighter penalty than what is prescribed by the Law, the court shall consider the nature and degree of the social threat posed by the offence, the personality of the offender and circumstances conducive to the reduction of criminal liabilities.

The prescription of a lighter penalty than what is prescribed by the Law shall not be less than half of the minimum penalty provided by the Law.

However, in special cases, if it is proven that the offender has acted for the protection of society or other people, the court can pronounce penalties inferior to half of the minimum penalty as provided for in the relevant articles of this Penal Law.

In the case of one offence or offences violating many articles or paragraphs in the same article, the prescription of lighter penalties than what is prescribed by Law shall not be less than half of the minimum penalty prescribed in the relevant article or paragraph that provides the heaviest penalty.

Article 79   Suspension of Execution of Penalty

The suspension of execution of the deprivation of liberty with terms, re-education without deprivation of liberty or fines as the principal penalty, is the suspension of the execution of such penalties for a period of five (5) years. If during this period, the offender is not convicted of any other intentional offence, the penalty shall be lifted. But in the event that a second intentional offence is committed, if the offender is sentenced to deprivation of liberty with terms, re-education without deprivation of liberty or a fine as the principal penalty and such a sentence is final, then the offender must execute the new penalty in addition to the one which has been suspended.

The suspension of the execution of a penalty can be in whole or in part.

For recidivists, those offenders sentenced to three (3) years of deprivation of liberty or more or those sentenced for crimes cannot benefit from the suspension of execution of penalties. However, in exceptional cases, if it is proven that the offender has acted for the protection of society or other people, then the court can grant the suspension of the execution of penalty even for a crime.

Article 80   Inclusion of Preventive Custody in the Execution of the Penalty

The total duration of preventive custody must be included in the duration of execution of sentences of deprivation of liberty or of re-education without deprivation of liberty.

One (1) day of preventive custody is equal to one (1) day of deprivation of liberty or three (3) days of re-education without deprivation of liberty.

Article 81  Sending Offenders to Administrative Authorities or Relevant Organizations for Re-education

If it is determined that the offence constitutes a minor offence and that the offender’s personality does not present any threat towards society, then the court may send the offender to the local administrative authorities, other State 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 Ill Offenders

Offenders committing offences under a state of mental illness or offenders in possession of their full faculties during the offence who become subject to mental illness 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 an illness to his/her 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 such Addictions

For offenders addicted to alcohol or drugs or other such addictions, who have committed offences and are not sentenced to deprivation of liberty, the court may apply measures of medical treatment in asylums or specific treatment centers.

In the event that such an addicted offender is sentenced to deprivation of liberty, the court must apply measures of medical treatment whilst the 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 to rehabilitation centers for alcohol or drug addiction, or entrusting him/her to receive care by local administrative authorities, other State organizations, mass organizations or civil society organizations to continue his/her re-education and medical treatment.

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

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

Chapter 8 Juvenile Offenders

 

Article 84   Juvenile Offenders

Juvenile offenders are offenders aged between fifteen (15) and eighteen (18) years who commit an act or omission causing public danger for which the law provides more than three (3) years of imprisonment or less than three years of imprisonment where crimes are committed without a confession by the juvenile offender or where the other party is not willing to mediate; in the case of recidivism, the offence has to have been performed on a regular basis.

Article 85       Principles for Handling Juvenile Offenders

Principles for Handling of Juvenile Offenders shall be as follows:

1. Handling of juvenile offenders aims mainly at educating and helping them, addressing their wrongdoings, developing them into contributing members of society;
2. In all cases of investigation, prosecution and adjudication of criminal acts

committed by juveniles, the competent State agencies shall determine the level of danger to society by their criminal acts and the causes and conditions of such

criminal acts;

3. Juvenile offenders may be exempted from criminal liabilities if they commit minor offences, not causing great harm, involving mitigating circumstances and are being supervised, monitored and educated by their parents, guardians, agencies or

In rendering a decision, the court may apply one of the measures as provided in Article 87 of this Penal Code if it is considered that the imposition of a penalty on juvenile offenders is not needed.

Article 86   Prescription of Penalties for Juvenile Offenders

In prescribing penalties for a child who commits an offence, the court shall take into account the nature and level of danger posed to society by such an offence, the personality of the child, consequences, environment, motivation and circumstances to reduce or increase criminal liabilities.

Imposing the penalty of deprivation of liberty on juvenile offenders must be a final measure, only for serious offences and for the shortest possible period.

If deprivation of liberty for a juvenile offender is deemed necessary, then the court may prescribe half of a penalty which would be imposed on an offender over eighteen (18) years of age or a lighter sentence than what is prescribed by Law.

It is prohibited to impose the death penalty and life imprisonment on juvenile offenders.

For offences where the Law prescribes life imprisonment, the sentence shall be reduced to ten (10) years of deprivation of liberty for juvenile offenders. Where the Law prescribes the death penalty, the sentence shall be reduced to twenty (20) years of deprivation of liberty for juvenile offenders.

Article 87       Measures Applied by the Court towards Juvenile Offenders

For children under fifteen (15) years of age who committed an act that did not cause danger to the public, the following measures may be applied:

1. To educate the child to make them understand the offences;
2. To require the child to express pardon by appropriate means;
3. To require the parents or guardians to pay civil compensation;
4. To send the child back to his/her parents, guardians or to relevant organizations for warning, re-education and close monitoring;
5. To require the child to present himself/herself to relevant agencies on specified dates and times; and

6. Using other measures as deemed appropriate according to the age of the child such as working for public utilities.

The court may apply the above-mentioned measures to juveniles from fifteen (15) years of age but less than eighteen (18) years of age who have committed minor and major offences for which the law prescribes deprivation of liberty for less than three (3) years.

Chapter 9

Legal Person’s Offence

 

Article 88        Offence committed by a Legal Person

An offence committed by a legal person is an offence committed by an agent or a representative of a legal person.

Article 89        Criminal Liability of a Legal Person

A legal person shall be liable for an offence if:

1. The offence is committed on behalf of the legal person;
2. The offence is committed in the interests of the legal person; or
3. The offence is committed under the supervision, management and decision of the legal person.

The criminal liability of the legal person does not exclude criminal liability for the individual who committed the offence.

Article 90   Prescription of a Penalty on a Legal Person

The principal penalty imposed on a legal person should be a fine.

The fine imposed on a legal person shall be double the punishment imposed on the natural person.

Aside from the fine for the legal person, the court may decide to dissolve the business or prohibit it from operating certain types of businesses, to prohibit it from mobilizing funds or from using checks or credit cards, confiscate its property or require the business to make reparations.

Article 91   Dissolution of a Legal Person’s Business

The dissolution of a legal person’s business is a court measure imposed on legal persons who have committed an offence, in order for them to cease their business upon consideration by the court that if the legal person continues its business activities, that it may cause harm and represent a danger to society and the environment.

Article 92   Prohibiting Legal Persons from Operating Certain Types of Business

Prohibiting a legal person from operating certain types of businesses is a temporary cessation of types of businesses related to the legal person’s offence ranging from one (1) year to five (5) years.

Article 93   Prohibiting a Legal Person from Mobilizing Funds

Prohibiting a legal person from mobilizing funds is the prohibition of mobilizing external funds for not more than five (5) years, such as loans from banks, trade securities or the establishment of funds or foundations for fund mobilization purposes.

Article 94   Prohibiting a Legal Person from Using Checks or Credit Cards

Prohibiting a legal person from using checks or credit cards is the prohibition of such persons from using checks or credit cards for a maximum period of five (5) years.

Article 95   Confiscation of Legal Person’s Objects

The confiscation of objects belonging to a legal person must comply with Article 53 of this Penal Code.

Article 96   Rehabilitation

The court may apply rehabilitation measures on a legal person who commits an offence as provided for in Article 56 of this Penal Code.

Chapter 10

Circumstances Conducive to the Exemption from Penalties, Suspension of the Penalty of Deprivation of Liberty and Conditional Liberation before end of Term

 

Article 97       Circumstances Conducive to the Exemption from Penalties

Punishment shall be lifted under the following circumstances:

1. Death of the offender;
2. Expiry of the time limit for the execution of the court’s decision;
3. Pardon being granted to the offender; and
4. An amnesty being granted to the

Article 98       Death of Offender

Punishment of an offender shall be lifted if he/she dies.

Article 97       Limitation Period for the Execution of a Court’s Judgment

The sentences imposed by the court shall not be executed if they exceed the following time limits:

1. One (1) year for minor offences;
2. Seven (7) years for major offences; and
3. Fifteen (15) years for

The time limit runs from the date that the court’s sentence becomes final. In the event that the offender commits a new offence, the time limit for the execution of the court’s decision in respect of any previous unexecuted sentence shall re-start on the date that the second offence is committed. In the event that the offender evades their sentence during the period where the sentence is still effective, then the time limit shall be counted again from the date that the offender surrenders or is arrested.

Article 100      Pardon is granted to an Offender

The pardon granted to an offender is a presidential decision to reduce or lift remaining sentences and to free a sentenced person.

Article 101      Amnesty

An amnesty is the abolishment of a criminal offence.

The sentence of a criminal offence shall be lifted if the National Assembly approves the amnesty and the President promulgates it.

Article 102  Exemption from Execution of a Court Sentence

Where a person who is sentenced to re-education without deprivation of liberty or sentenced to less than three (3) years of imprisonment but has not yet served his/her sentence but has made a significant contribution to the nation or suffers from serious illness, then the court may decide, upon the proposal of the People’s prosecutor, to exempt the person from the execution of the entire sentence, if such persons no longer represent a danger to the public.

For offenders of minor offences who have had their sentences temporarily suspended as prescribed in Article 103 of this Penal Code, and if during the period of reprieve, they have performed significant benefits for the nation, then the court, upon the proposal of the People’s Prosecutor, may decide to exempt them from execution of their remaining sentence.

Article 103  Suspension from Execution of a Court Sentence

Sentenced persons may be entitled to a reprieve in the following cases where:

1. They suffer from serious illness that is certified by a doctor’s commission, then they shall be entitled to a reprieve until they make a recovery and then will be brought to serve their sentence;
2. Women who are pregnant or nursing their children of less than one (1) year. They will be brought to serve their sentence when their babies are more than one year of age;
3. Persons sentenced to less than three (3) years of imprisonment who constitute the main breadwinners in their respective families and if this imprisonment sentence seriously affects their families then they shall be entitled to suspend their sentence for one (1) year; or
4. If the sentenced person has to perform official duties certified by his/her respective organization, except for offences representing a danger to the public and posing a threat to national security, he/she shall be entitled to suspend their sentence for one year.

The period of reprieve that the sentenced persons are entitled to shall not be counted in the execution of their sentence.

Article 104  Conditional Liberation

Conditional liberation is the release of prisoners who have served part of their sentences, where the offender is reforming and repenting, has conducted exemplary work within the detention center, has changed their attitude and has expressed remorse for their past acts.

Prisoners who are eligible to be considered for conditional liberation must meet the following conditions:

1. Offenders who are less than eighteen (18) years old at the time that the offence was committed and who have served half of their sentence;
2. Adult offenders who have served two thirds (2/3) of the sentence; and
3. Offenders sentenced to life imprisonment who have served fifteen (15) years of the sentence.

Recidivist offenders or offenders sentenced to the death penalty whose sentence has been commuted into imprisonment cannot be granted conditional liberation.

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 for in Articles 106 and 107 of this Penal

Code.

Article 106      Automatic Remission of Criminal Records

The following persons shall automatically have their criminal records remitted :

1. Persons who are exempted from penalties as provided for in Article 102 of this Penal Code;
2. Persons whose sentences have been suspended and do not commit new crimes within one (1) year after the suspended period is over;
3. Persons having completely served their sentences of deprivation of liberty or after the expiry of the limitation period for execution of the court’s judgment, do not commit new offences within the following time limits:
   • One (1) year for minor offences;
   • Five (5) years for major offences; and
   • Seven (7) years for

If the convicted persons whose criminal records have not been remitted commit new crimes, then the duration of remission for the previous criminal record is to be counted from the date of complete serving the penalty of a new sentence or from the date of expiration of the limitation period for execution of the court’s judgment.

Article 107  Criminal Record Remission by the Court’s Decision

The court decides on the criminal record remission for persons charged with crimes defined in Chapter 1 Part II of this Code, depending on the nature of the offences committed, the personality of the offenders, the sentence being served and their work ethic.

The court shall consider the criminal record remission as stipulated in the above-mentioned paragraph in the following cases:

1. The convicted persons have been sentenced to imprisonment for up to five (5) years without committing new crimes within three (3) 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 imprisonment for between five (5) years and fifteen (15) years without committing new crimes within five (5) 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 (15) years or have been sentenced to life imprisonment or have received the death penalty and have been granted a Presidential pardon to reduce the penalty, without having committed any new crimes within seven (7) years of completing their sentences or the expiry of the limitation period for execution of the court’s judgment.

The application for criminal record remission must be filed by the convicted persons or his/her guardians to the concerned court. If the court rejects the application for the first time, the applicant must wait for one (1) more year before submitting another application therefor, if the court rejects the application for the second time, the applicant must wait for two (2) years before applying for a criminal record remission.

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 within a one (1)-year period 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 as having never been convicted.

Part II SPECIFIC PART

Chapter 1

Offences against National Security

 

Article 110  Treason to the Nation

Any Lao citizen in contact 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 PDR shall be sentenced to imprisonment for a term ranging from ten (10) years to twenty (20) years and a fine shall be imposed ranging from ten million (10,000,000) kip to five hundred million

(500,000,000) kip. 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 fifty million (50,000,000) kip to seven hundred million (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 overthrow or weaken the administration shall be sentenced to imprisonment for a term ranging from ten (10) years to twenty (20) years and a fine shall be imposed ranging from ten million (10,000,000) kip to five hundred million (500,000,000) kip. Such person’s property may be confiscated, and such person may be placed under house arrest, sentenced to life imprisonment and a fine shall be imposed ranging from fifty million (50,000,000) kip to not more than seven hundred million (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 stateless gathering intelligence, information, objects, processes, computer files or State or official documents of a confidential nature for the purpose of damaging or undermining the Lao PDR shall be sentenced to imprisonment for a term ranging from ten (10) years to twenty years and a fine shall be imposed ranging from five million (5,000,000) kip to three hundred million (300,000,000) kip. Such person’s property may be confiscated, and such person may be placed under house arrest, expelled from the Lao PDR, sentenced to life imprisonment and a fine shall be imposed ranging from thirty million (30,000,000) kip to four hundred million (400,000,000) kip or subject to the death penalty.

Any individual gathering intelligence, information, objects, processes, computer files or State or official documents of a confidential nature for the purpose of relaying them to Lao traitors or rebels carrying out activities undermining the Lao PDR shall be sentenced to imprisonment for a term ranging from five (5) years to ten (10) years and a fine shall be imposed ranging from five million (5,000,000) kip to two hundred million (200,000,000) kip. Furthermore, such person’s property may be confiscated, and such person may be placed under house arrest.

The acts of Lao citizens in gathering intelligence, information, objects, processes, computer files or State or official documents of a confidential nature for the purpose of relaying them to foreigners or foreign organizations with the intent to damage or undermine the Lao PDR shall be considered treason against the nation and shall be

punished in accordance with Article 110 of this Penal Code.

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

Article 113  Territorial Violation Affecting National Security

Any armed person violating the territory of the Lao PDR and thereby affecting the national security shall be sentenced to imprisonment for a term ranging from five (5) years to fifteen (15) years and a fine shall be imposed ranging from five million (5,000,000) kip to one hundred and fifty million (150,000,000) kip.

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

Article 114  Physical Harm against the Interests of National Security

Any person causing physical harm to the leaders of the Lao PDR with the purpose of undermining or weakening State authority shall be sentenced to imprisonment for a term ranging from ten (10) years to twenty (20) years and a fine shall be imposed ranging from ten million (10,000,000) kip to one hundred and fifty million (150,000,000) kip.

Where such physical harm results in death, the offender shall be sentenced to life imprisonment and a fine shall be imposed ranging from one hundred and fifty million (150,000,000) kip to one billion (1,000,000,000) kip or may be subject to the death penalty.

Any person causing physical harm to representatives of the State, civil servants, persons performing the activities of the State or social organizations with the purpose of weakening State authority shall be sentenced to imprisonment for a term ranging from five

(5) years to ten (10) years and a fine shall be imposed ranging from five million (5,000,000) kip to fifty million (50,000,0s00) kip.

Where such physical harm results in death, the offender shall be sentenced to imprisonment for a term ranging from ten (10) years to twenty (20) years and a fine shall be imposed ranging from ten million (10,000,000) kip to one hundred million (100,000,000) kip, or shall be sentenced to life imprisonment and a fine imposed ranging from one hundred and fifty million (150,000,000) kip to five hundred million (500,000,000) kip, or shall be subject to the death penalty.

Any person causing physical harm to state leaders coming to visit the Lao PDR or members of their families or accompanying delegation or to representatives of foreign countries or international organizations who are working in the Lao PDR or members of the families of those representatives, with the purpose of causing division or undermining international relations or causing acts of war shall be sentenced to imprisonment for a term ranging from five (5) years to fifteen (15) years and a fine shall be imposed ranging from ten million (10,000,000) kip to one hundred and fifty million (150,000,000) kip.

Where such physical harm results in death, the offender shall be sentenced to life imprisonment and a fine shall be imposed ranging from one hundred and fifty million (150,000,000) kip to one billion (1,000,000,000) kip or shall be subject to the death penalty.

In addition to the above punishments, penalties may also include the confiscation of property and house arrest.

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

Article 115  Destruction of State Infrastructure

Any person who, with the intention of undermining or weakening the State or the national economy, commits any of the following acts shall be sentenced to imprisonment for a term ranging from ten (10) years to twenty (20) years and a fine shall be imposed ranging from fifty million (50,000,000) kip to five hundred million (500,000,000) kip: destroying, damaging or burning plants, factories, offices, agency buildings, roads, communication facilities, transport vehicles, telecommunication equipment or other facilities constituting economic infrastructure or releasing toxic chemicals or viruses among communities or animals. Furthermore, such person’s property may be confiscated, and such person may be placed under house arrest or sentenced to life imprisonment.

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

Article 116  Disruption to State or Social Undertakings

Any person responsible for the disruption to 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/her position to cause division within or weaken the State and undermine the national economy shall be sentenced to imprisonment for a term ranging from ten (10) years to twenty (20) years and a fine shall be imposed ranging from fifty million (50,000,000) kip to five hundred million (500,000,000) kip. Furthermore, such person’s property may be confiscated and such persons may be placed under house arrest or sentenced to life imprisonment.

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

Article 117  Propaganda against the Lao PDR

Any person conducting propaganda activities against and slandering the Lao PDR, or distorting the guidelines of the Party and policies of the government, or circulating false rumors causing disorder by words, in writing, through print, newspapers, motion pictures, videos, photographs, documents, electronic media, or by other means, which are detrimental to the Lao PDR or are for the purpose of undermining or weakening State authority shall be sentenced to imprisonment for a term ranging from one (1) year to five

(5) years and a fine shall be imposed ranging from five million (5,000,000) kip to twenty million (20,000,000) kip.

Article 118  Division of National Solidarity

Any person dividing or causing resentment between ethnic or religious groups,

social groups with the intention of undermining national solidarity shall be sentenced to imprisonment for a term ranging from one (1) year to five (5) years and a fine shall be imposed ranging from five million (5,000,000) kip to twenty million (20,000,000) kip.

Article 119  Civil Commotion

Any person who is enrolled in an armed organization and who engages in attacking and destroying plants, factories, offices or social organizations or taking civil servants and civilians as prisoners or murders them, or steals State, collective, or individual property with the intention of undermining the foundations of social order shall be sentenced to imprisonment for a term ranging from five (5) years to twenty (20) years and a fine shall be imposed ranging from fifty million (50,000,000) kip to five hundred million (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 or subject to the death penalty.

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

Article 120  Terrorism

Terrorism are actions of natural persons, groups of people, organisations or terrorist organisations within or outside the territory of the Lao PDR as follows:

1. Actions that aim at causing harm to national security, socio-economic system, foreign and international organisations or cause problems to the international relations of the Lao PDR or create havoc to individuals;
2. Violence that affects lives, health, freedom or that coerces, poses a physical and moral threat;
3. Seizure, destruction of properties, break-in, attack, obstruction, causing damage and chaos to computers and communications, internet systems or digital instruments of state organisations, legal persons and natural persons;
4. Processing, producing, utilising, packaging, transporting, collecting explosives, radioactive substance, toxics, inflammables, and weapons trafficking, equipment and vehicles, including seeking advice on how to commit certain actions defined in subparagraph 1, 2 and 3 of this article;
5. Disseminating, influencing, encouraging, imposing, hiring or creating conditions, aiding for the actions defined in subparagraph 1, 2, 3, 4 of this article;
6. Performing other acts which constitute acts of terrorism as provided for in the Laws, Treaties and International Conventions to which the Lao PDR is a party.

Any person committing an offence of terrorism shall be sentenced to imprisonment for a term ranging from five (5) years to twenty (20) years and a fine shall be imposed ranging from one billion (1,000,000,000) kip to five billion (5,000,000,000) kip.

Where such an offence is performed as part of an organized group or causes

serious damage, the offender shall be sentenced to imprisonment for a term ranging from ten (10) years to life imprisonment and a fine shall be imposed ranging from five billion (5,000,000,000) kip to seven billion (7,000,000,000) kip and his/her assets shall be confiscated or he/she shall be subject to the death penalty.

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

Article 121 Destruction of or Attack on Temporary Detention, Reformatory or Correction Facilities

Any person using force to destroy or force entry to temporary detention, reformatory or correction facilities with the intention to abduct or liberate accused persons, prisoners or re-educated persons or using violence to abduct accused persons or prisoners during transfer shall be sentenced to imprisonment for a term ranging from five (5) years to twenty (20) years and a fine shall be imposed ranging from fifty million (50,000,000) kip to five hundred million (500,000,000) kip. Such person may also be placed under house arrest or sentenced to life imprisonment.

Any person causing disorder or undermining the internal regulations of temporary detention and reformatory centers or enticing accused persons and prisoners to escape shall be sentenced to imprisonment for a term ranging from one (1) year to five (5) years of imprisonment and a fine shall be imposed ranging from five million (5,000,000) kip to fifty million (50,000,000) kip.

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

Article 122  Joining the Enemy, Sheltering or Assisting Persons Acting against the Revolution

Any person who escapes to join the enemy in fighting the Lao PDR shall be sentenced to imprisonment for a term ranging from five (5) years to ten (10) years and a fine shall be imposed ranging from ten million (10,000,000) kip to fifty million (50,000,000) kip.

Any person concealing, hiding, sheltering or assisting a person acting against the Lao PDR, shall be sentenced to imprisonment for a term ranging from one (1) year to five

(5) years and a fine shall be imposed ranging from five million (5,000,000) kip to fifty million (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 who discloses such secrets or allows the disclosure of such secrets or loses such documents, shall be sentenced to imprisonment for a term ranging from three (3) years to five (5) years and a fine shall be imposed ranging from five million (5,000,000) kip to fifty million (50,000,000) kip.

In the case of administrative secrets, the offender shall be sentenced to

imprisonment for a term ranging from one (1) year to three (3) years of imprisonment and a fine shall be imposed ranging from three million (3,000,000) kip to twenty million (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 protests, marches, demonstrations or similar activities with the intention of causing social disorder shall, where such action causes damage to society, be sentenced to imprisonment for a term ranging from one (1) year to five (5) years and a fine shall be imposed ranging from five million (5,000,000) kip to fifty million (50,000,000) kip.

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

Article 125  Destruction or Removal of Boundary Markers

Any person intentionally destroying or damaging any boundary marker or intentionally removes any boundary marker in a manner that does not comply with the laws, shall be sentenced to imprisonment for a term ranging from six (6) months to three

(3) years and a fine shall be imposed ranging from twenty million (20,000,000) kip to one hundred million (100,000,000) kip.

Article 126  Destruction or Denigration of the National Emblem or National Flag

Any person destroying or denigrating the national emblem or the national flag in a manner which affects the honor and prestige of the Lao PDR, shall be sentenced to imprisonment for a term ranging from three (3) months to two (2) years and a fine shall be imposed ranging from five million (5,000,000) kip to twenty million (20,000,000) kip.

Article 127 Destruction or Denigration of High-Level Leadership Statues, National Ancestors

Any person destroying or denigrating a statue or picture, including a symbol of high-level leadership or national ancestors in a manner which affects the honor and prestige of the Lao PDR, shall be sentenced to imprisonment for a term ranging from three (3) months to two (2) years and a fine shall be imposed ranging from five million (5,000,000) kip to twenty million (20,000,000) kip.

Article 128  Mobilization of Unlawful Migration or Immigration

Any person publicly encouraging and misleading people into fleeing abroad, migrating or immigrating into the Lao PDR in contravention of the laws shall be sentenced to imprisonment for a term ranging from six (6) months to three (3) years and a fine shall be imposed ranging from ten million (10,000,000) kip to fifty million (50,000,000) kip.

In severe cases or in the event of significant loss, the offender shall be sentenced to

imprisonment for a term ranging from three (3) years to five (5) years and a fine shall be imposed ranging from fifty million (50,000,000) kip to five hundred million (500,000,000) kip.

Article 129  Forgery of Bank Notes or the Use of Forged Bank Notes

Any person using printing equipment or other means to forge bank notes or foreign currencies or imports forged bank notes into the Lao PDR for circulation shall be sentenced to imprisonment for a term ranging from five (5) years to fifteen (15) years and a fine shall be imposed ranging from fifty million (50,000,000) kip to five hundred million (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 sentenced to imprisonment for a term ranging from ten (10) years to twenty (20) years and a fine shall be imposed ranging from two hundred million (200,000,000) kip to seven hundred million (700,000,000) kip.

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

Any person knowingly making use of forged bank notes shall be sentenced to imprisonment for a term ranging from three (3) months to (5) five years and a fine shall be imposed ranging from two million (2,000,000) kip to five million (5,000,000) kip.

Any person who knowingly possesses of forged bank notes but fails to notify the authorities shall be sentenced to imprisonment for a term ranging from three (3) months to two (2) years and a fine shall be imposed ranging from one million (1,000,000) kip to five million (5,000,000) kip.

Article 130  Money Laundering

Money laundering is the transformation, utilization, displacement, exchange, acquisition, possession, transfer of true ownership of funds or other properties of a natural person, legal person or organization that knows, 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 committing a money laundering offence for a value of less than one billion (1,000,000,000) kip shall be sentenced to imprisonment for a term ranging from three (3) years to seven (7) years and a fine shall be imposed ranging from three hundred million (300,000,000) kip to five hundred million (500,000,000) kip and their assets shall be confiscated.

Where the value of the offence is one billion (1,000,000,000) kip or more, then the offender shall be sentenced to imprisonment for a term ranging from seven (7) years to ten

(10) years and a fine shall be imposed ranging from five hundred million (500,000,000) kip to seven hundred million (700,000,000) kip and their assets shall be confiscated.

Where such an offence is performed on a regular basis or as part of an organized group, then the offender shall be sentenced to imprisonment for a term ranging from ten

(10) years to fifteen (15) years and a fine shall be imposed ranging from seven hundred million (700,000,000) kip to nine hundred million (900,000,000) kip and their assets shall be confiscated.

Any preparation or attempt 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, committed by a natural person, a legal person or an organisation, that attempts to give, collect or acquire funds or properties, legally or illegally, wholly or partially, to supply funds to terrorism, whether or not the funds or properties are actually used for terrorism.

Any person committing an offence of financing terrorism for the value of less than one billion (1,000,000,000) kip shall be sentenced to imprisonment for a term ranging from five (5) years to eight (8) years and a fine shall be imposed ranging from five hundred million (500,000,000) kip to eight hundred million (800,000,000) kip and their assets shall be confiscated.

Where such offence is for the value of one billion (1,000,000,000) kip or more, then the offender shall be sentenced to imprisonment for a term ranging from eight (8) years to twelve (12) years and a fine shall be imposed ranging from eight hundred million (800,000,000) kip to one billion (1,000,000,000) kip and their assets shall be confiscated.

Where such an offence is performed on a regular basis or as part of an organized group, then the offender shall be sentenced to imprisonment for a term ranging from fifteen (15) years to twenty (20) years and a fine shall be imposed ranging from eight hundred million (800,000,000) kip to one billion (1,000,000,000) kip and their assets shall be confiscated.

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

Article 132  Unlawful Production, Possession or Use of Weapons of War or Explosives

Any person producing, possessing, keeping or using weapons of war or explosives, including parts of weapons of war or explosives in contravention of the laws shall be sentenced to imprisonment for a term ranging from one (1) year to five (5) years and a fine shall be imposed ranging from five million (5,000,000) kip to fifty million (50,000,000) kip.

Article 133  Unlawful Trade, Import of Weapons of War or Explosives

Any person purchasing, selling, importing weapons of war or explosives including chemicals used for the production of explosives in contravention of the laws shall be sentenced to imprisonment for a term ranging from six (6) months to five (5) years and a fine shall be imposed ranging from five million (5,000,000) kip to fifty million (50,000,000) kip.

Any person purchasing, selling or importing weapons of war or explosives or chemicals used for the production of explosives on a regular basis, as part of an organized group or in a substantial quantity, shall be sentenced to imprisonment for a term ranging from five (5) years to ten (10) years and a fine shall be imposed ranging from ten million (10,000,000) kip to one hundred million (100,000,000) kip.

Article 134  Theft, Embezzlement and Robbery of Weapons or Explosives

Any person obtaining weapons of war or explosives through theft, embezzlement or robbery shall be sentenced to imprisonment for a term ranging from two (2) years to five

(5) years and a fine shall be imposed ranging from five million (5,000,000) kip to fifty million (50,000,000) kip.

Any person obtaining weapons of war or explosives through theft, embezzlement or robbery on a regular basis, as part of an organized group or in a substantial quantity, shall be sentenced to imprisonment for a term ranging from five (5)years to ten (10) years and a fine shall be imposed ranging from ten million (10,000,000) kip to one hundred million (100,000,000) kip.

Article 135  Destruction of Weapons Stock

Any person destroying, dismantling or burning weapons stock, shall be sentenced to imprisonment for a term ranging from eight (8) years to twenty (20) years and a fine shall be imposed ranging from five million (5,000,000) kip to one hundred million (100,000,000) kip.

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

Article 136  Loss of Weapons or Explosives Belonging to the State

Any person negligently causing the loss of weapons of war or explosives belonging to the State shall be sentenced to imprisonment for a term ranging from three (3) months to three (3) years or by re-education without deprivation of liberty and a fine shall be imposed ranging from five million (5,000,000) kip to fifty million (50,000,000) kip.

Article 137  Offences Relating to Chemical Weapons

Chemical weapons consist of toxic or poisonous substances used for human destruction.

Any person who engages in the production, purchase, sale, transfer, exchange, possession or transport of chemical substances for the production of chemical weapons shall be punished as follows:

• Any of the above acts involving chemical substances weighing under five thousand grams shall be sentenced to imprisonment for a term ranging from five (5) years to six

(6) years and a fine shall be imposed ranging from five million (5,000,000) kip to six

million (6,000,000) kip;

• Any of the above acts involving chemical substances weighing between five thousand and ten thousand grams shall be sentenced to imprisonment for a term ranging from six

(6) years to eight (8) years and a fine shall be imposed ranging from six million (6,000,000) kip to eight million (8,000,000) kip;

• Any of the above acts involving chemical substances weighing over ten thousand grams shall be sentenced to imprisonment for a term ranging from eight (8) years to ten (10) years and a fine shall be imposed ranging from eight million (8,000,000) kip to ten million (10,000,000) kip.

Any person who engages in the production, purchase, sale, transfer, exchange, possession or transport of chemical weapons or in inciting or promoting the use of chemical weapons, shall be punished as follows:

• Any of the above acts involving chemical substances weighing under five thousand (5,000) grams shall be sentenced to imprisonment for a term ranging from seven (7) years to eight (8) years and a fine shall be imposed for a term ranging from one hundred million (100,000,000) kip to two hundred million (200,000,000) kip;
• Any of the above acts involving chemical substances weighing between five thousand (5,000) and ten thousand (10,000) grams shall be sentenced to imprisonment for a term ranging from eight (8) years to ten (10) years and a fine shall be imposed ranging from two hundred million (200,000,000) kip to three hundred million (300,000,000) kip;
• Any of the above acts involving chemical substances weighing over ten thousand (10,000) grams shall be sentenced to imprisonment for a term ranging from ten (10) years to twelve (12) years and a fine shall be imposed ranging from three hundred million (300,000,000) kip to five hundred million (500,000,000) kip.

Any person who engages in the use of chemical weapons shall be punished as follows:

• If the use results in minor damage, then the individual shall be sentenced to imprisonment for a term ranging from ten (10) years to fifteen (15) years and a fine shall be imposed ranging from seven hundred million (700,000,000) kip to one billion, five hundred million (1,500,000,000) kip;
• If the use results in substantial damage, then the individual shall be sentenced to life imprisonment and a fine shall be imposed ranging from two billion (2,000,000,000) kip to five billion (5,000,000,000) kip.

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

Article 138      Unlawful Production and Possession of Radio Communication Equipment

Any person producing, possessing or installing radio communication equipment in contravention of the laws shall be sentenced to imprisonment for a term ranging from six

(6) months to three (3) years and a fine shall be imposed ranging from five million (5,000,000) kip to fifty million (50,000,000) kip.

Article 139 Establishment of a Self-defense Force and Security Force without Authorization

Any person establishing a self-defense force and security force without authorization shall be sentenced to imprisonment for a term ranging from three (3) years to five (5) years and a fine shall be imposed ranging from 10,000,000 kip to seventy million (70,000,000) kip.

Chapter 2

Offenses against Safety and Social Order

 

Article 140  Performance of Medical Profession without License

Any person treating patients for the purpose of generating financial gain without an official medical license shall be fined ranging from three million (3,000,000) kip to ten million (10,000,000) kip.

Where the offender has caused a patient to be handicapped, such offender shall be sentenced to imprisonment for a term ranging from six (6) months to three (3) years and a fine shall be imposed from one million (1,000,000) kip to twenty million (20,000,000) kip.

Where the offender has caused a patient’s death, such offender shall be sentenced to imprisonment for a term ranging from one (1) year to five (5) years and a fine shall be imposed ranging from two million (2,000,000) kip to fifty million (50,000,000) kip.

Article 141  Forbidden Gambling

Any person indulging in forbidden gambling shall be fined ranging from five million (5,000,000) kip to ten million (10,000,000) kip.

Any person consenting to having his/her house used as a gambling premises or acting as the chief gambler or found to be engaged in gambling recidivism, shall be sentenced to imprisonment for a term ranging from three (3) months to two (2) years or by re-education without deprivation of liberty and a fine shall be imposed ranging from five million (5,000,000) kip to fifteen million (15,000,000) kip.

Article 142  Hooliganism

Any person breaching the rules and discipline of social life and making use of violence, threats, offensive language or other activities inconsistent with social order shall be punished by public criticism and a fine shall be imposed ranging from one million (1,000,000) kip to ten million (10,000,000) kip.

Where such hooliganism is performed as part of an organized group or the offender is found to have engaged in hooliganism recidivism, the offender shall be sentenced to

imprisonment for a term ranging from three (3) months to one (1) year or re-education without deprivation of liberty and a fine shall be imposed ranging from three million (3,000,000) kip to fifteen million (15,000,000) kip.

Article 143  Violation of Vehicular Road Traffic Security

Any person intentionally damaging roads or modifying or damaging traffic signs, signals or kilometer marks or using violence or threats against motorists and thereby causes a traffic accident, shall be sentenced to imprisonment for a term ranging from six (6) months to two (2) years and a fine shall be imposed ranging from three million (3,000,000) kip to ten million (10,000,000) kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from two (2) years to five (5) years and a fine shall be imposed ranging from five million (5,000,000) kip to twenty million (20,000,000) kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from six (6) years to ten (10) years and a fine shall be imposed ranging from seven million (7,000,000) kip to thirty million (30,000,000) kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from eight (8) years to fifteen (15) years and a fine shall be imposed ranging from ten million (10,000,000) kip to fifty million (50,000,000) kip.

Where such an offence is committed negligently, a fine shall be imposed ranging from one million (1,000,000) kip to five million (5,000,000) kip.

Where such an offence is committed negligently and results in severe injuries, injuries to several persons, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from six (6) months to three (3) years and a fine shall be imposed ranging from three million (3,000,000) kip to fifteen million (15,000,000) kip.

Where such an offence is committed negligently and results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from two (2) years to five (5) years and a fine shall be imposed ranging from two million (2,000,000) kip to ten million (10,000,000) kip.

Where such an offence is committed negligently and results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from five (5) years to eight (8) years and a fine shall be imposed ranging from five million (5,000,000) kip to thirty million (30,000,000) kip.

Article 144  Willful Road Traffic Obstruction

Any person illegally obstructing road traffic by digging, drilling, cutting, placing obstacles, dismantling, removing, causing difficulties shall be sentenced to imprisonment

for a term ranging from three (3) months to two (2) years or re-education without deprivation of liberty and a fine shall be imposed ranging from one million (1,000,000) kip to five million (5,000,000) kip.

Where such an offence results in an accident, the offender shall be sentenced to imprisonment for a term ranging from six (6) months to three (3) years and a fine shall be imposed ranging from three million (3,000,000) kip to ten million (10,000,000) kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from two (2) years to five (5) years and a fine shall be imposed ranging from five million (5,000,000) kip to twenty million (20,000,000) kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from six (6) years to ten (10) years and a fine shall be imposed ranging from seven million (7,000,000) kip to thirty million (30,000,000) kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from eight (8) years to fifteen (15) years and a fine shall be imposed ranging from ten million (10,000,000) kip to fifty million (50,000,000) kip.

Article 145  Violation of Traffic Regulations Resulting in Accidents

Any person breaching a traffic regulation and thereby causes an accident and injury to another person shall be fined ranging from one million (1,000,000) kip to five million (5,000,000) kip.

Where such an offence results in severe injuries, injuries to several persons, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from six (6) months to three (3) years and a fine shall be imposed ranging from four million (4,000,000) kip to fifteen million (15,000,000) kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from two (2) years to five (5) years and a fine shall be imposed ranging from five million (5,000,000) kip to twenty million (20,000,000) kip.

Where such an offence results in the loss of more than one (1) life, the offender shall be sentenced to imprisonment for a term ranging from five (5) years to ten (10) years and a fine shall be imposed ranging from five million (5,000,000) kip to fifty million (50,000,000) kip.

Article 146  Fleeing from the Scene of an Accident

Any person who causes or is directly involved in an accident and flees from the scene shall be sentenced to imprisonment for a term ranging from one (1) year to three (3) years and a fine shall be imposed ranging from three million (3,000,000) kip to ten million

(10,000,000) kip.

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

Article 147  Use of Dilapidated Vehicles

Any person using road vehicles that fail to meet the requisite safety standards and results in causing an accident and injury to others, shall be sentenced to imprisonment for a term ranging from three (3) months to two (2) years and a fine shall be imposed ranging from three million (3,000,000) kip to fifteen million (15,000,000) kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from two (2) years to five (5) years and a fine shall be imposed ranging from five million (5,000,000) kip to twenty million (20,000,000) kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from six (6) years to ten (10) years and a fine shall be imposed ranging from seven million (7,000,000) kip to thirty million (30,000,000) kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from eight (8) years to fifteen (15) years and a fine shall be imposed ranging from ten million (10,000,000) kip to fifty million (50,000,000) kip.

Article 148  Assigning Unqualified Persons to Operate Road Vehicles

Any person assigning persons who do not hold a driving permit or license or do not fully meet other conditions prescribed by law to operate road vehicles, resulting in an accident causing injury to other persons, shall be fined ranging from three million (3,000,000) kip to fifteen million (15,000,000) kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from three (3) months to two (2) years and a fine shall be imposed ranging from five million (5,000,000) kip to twenty million (20,000,000) kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from two (2) years to five (5) years and a fine shall be imposed ranging from seven million (7,000,000) kip to thirty million (30,000,000) kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from three (3) years to seven (7) years and a fine shall be imposed ranging from ten million (10,000,000) kip to fifty million (50,000,000) kip.

Article 149  Illegal Motor Racing

Any person participating in illegal car, motorbike or other motorized vehicle racing, shall be fined ranging from five million (5,000,000) kip to twenty million (20,000,000) kip or shall be punished by re-education without deprivation of liberty and shall be fined from three million (3,000,000) kip to fifteen million (15,000,000) kip.

Where such an offence results in injuries, the offender shall be sentenced to imprisonment for a term ranging from three (3) months to two (2) years and a fine shall be imposed ranging from seven million (7,000,000) kip to twenty-five million (25,000,000) kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from six (6) months to three (3) years and a fine shall be imposed ranging from ten million (10,000,000) kip to thirty million (30,000,000) kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from three (3) years to six (6) years and a fine shall be imposed ranging from fifteen million (15,000,000) kip to fifty million (50,000,000) kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from five (5) years to eight (8) years and a fine shall be imposed ranging from twenty million (20,000,000) kip to seventy million (70,000,000) kip.

Article 150  Organizing Illegal Motor Races

Any person illegally organizing races for cars, motorbikes or other types of motorized vehicles, shall be fined ranging from ten million (10,000,000) kip to fifty million (50,000,000) kip or shall be punished by re-education without deprivation of liberty and shall be fined from five million (5,000,000) kip to twenty million (20,000,000) kip.

Where such an offence results in injuries, the offender shall be sentenced to imprisonment for a term ranging from six (6) months to three (3) years and a fine shall be imposed ranging from from ten million (10,000,000) kip to thirty million (30,000,000) kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from one (1) year to five (5) years and a fine shall be imposed ranging from fifteen million (15,000,000) kip to fifty million (50,000,000) kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from five (5) years to seven (7) years and a fine shall be imposed ranging from twenty million (20,000,000) kip to seventy million (70,000,000) kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from seven (7) years to ten (10) years and

a fine shall be imposed ranging from thirty million (30,000,000) kip to hundred million (100,000,000) kip.

Article 151     Breaching Regulations on Railway Traffic Safety

Any person breaching regulations on railway traffic safety, causing injuries or loss of life, shall be sentenced to imprisonment for a term ranging from six (6) months to fifteen

(15) years and a fine shall be imposed ranging from five million (5,000,000) kip to hundred million (100,000,000) kip.

Article 152  Breaching Regulations on Waterway Traffic Safety

Any person breaching regulations on waterway traffic safety resulting in injuries or loss of life shall be sentenced to imprisonment for a term ranging from six (6) months to fifteen (15) years and a fine shall be imposed ranging from five million (5,000,000) kip to hundred million (100,000,000) kip.

Article 153  Breaching Regulations on the Operation of Aircraft

Any person commanding or operating aircraft but violating the regulations on air traffic safety, causing injuries or death or substantial damage, shall be sentenced to imprisonment for a term ranging from six (6) months to fifteen (15) years and a fine shall be imposed ranging from five million (5,000,000) kip to hundred million (100,000,000) kip.

Article 154  Use of Aircraft that Do Not Meet the Requisite Safety Standards

Any person directly responsible for the mechanical functioning and technical safety standards of an aircraft but permits the use of such aircraft that does not meet such standards shall be sentenced to imprisonment for a term ranging from one (1) year to five (5) years and a fine shall be imposed ranging from ten million (10,000,000) kip to fifty million (50,000,000) kip.

Where such an offence results in severe injuries, loss of life or substantial damage, the offender shall be sentenced to imprisonment for a term ranging from two (2) years to ten (10) years and a fine shall be imposed ranging from twenty million (20,000,000) kip to hundred million (100,000,000) kip.

Article 155 Breaching Regulations on the Maintenance, Repair or Management of Traffic Works

Any person directly responsible for the maintenance, repair or management of road, railway, waterway or airway traffic works but breaches the related regulations, resulting in severe injuries, loss of life or substantial damage, shall be sentenced to imprisonment for a term ranging from six months to five years  or by re-education without deprivation of

liberty and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Article 156  Acts endangering the Security of Boats, Airplanes, Trains, Cars, Airports, Harbors, Train Stations or Bus Stations

Any person performing a dangerous act that breaches regulations concerning the security of boats, airplanes, trains, cars, airports, harbors, train stations or bus stations, thereby causing damage, shall be sentenced to imprisonment for a term raging from five years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Where such an offence results in substantial damage, the offender shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging from 15,000,000 kip to 50,000,000 kip or shall be punished by life imprisonment and a fine shall be imposed ranging from 50,000,000 kip to 150,000,000 kip.

Article 157  Hijacking a Car, Ship or Airplane

Any person using weapons or force to highjack, take control of, or seize any land vehicle, train, boat, shall be sentenced to imprisonment for a term ranging from seven years to fifteen years and a fine shall be imposed ranging from 70,000,000 kip to 300,000,000 kip.

Any person using weapons or force to highjack, take control of, or seize any aircraft or ship shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging from 100,000,000 kip to 500,000,000 kip.

Where such an offence results in substantial damage to life, health or property, the offender shall be sentenced to life imprisonment and a fine shall be imposed ranging from 1,000,000,000 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 who willfully destroys aircraft, an airport, a train station, a transport station, a harbor or a train by whatever means shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging from 500,000,000 kip to 3,000,000,000 kip.

Where such an offence results in substantial 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 property on ships, aircraft, other sea vessels or in a place not under any jurisdiction shall be sentenced to imprisonment for a term ranging from seven years to fifteen years and a fine shall be imposed ranging from 70,000,000 kip to 300,000,000 kip.

Where such an offence results in substantial damage to life, health or property, the offender shall be sentenced to life imprisonment and a fine shall be imposed ranging from 1,000,000,000 kip to 10,000,000,000 kip.

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

Article 160  Attacking an Aircraft, Airport or an Area used for the Installation of Flight Facilitation Instruments

Any person using force or a weapon to attack aircraft, an airport or an area used for the installation of flight facilitation instruments shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging from 100,000,000 kip to 500,000,000,000 kip.

Where such an offence results in substantial damage to life, health or property, the offender shall be sentenced to life imprisonment and a fine shall be imposed ranging from 500,000,000 kip to 1,000,000,000 kip.

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

Article 161 Bringing Weapons, Explosives or Dangerous Chemical Substances into an Airport or an Area used for the Installation of Flight Facilitation Instruments

Any person illegally bringing weapons, dangerous substances or any other substance that might cause damage onto an aircraft, into an airport or an area used for the installation of flight facilitation instruments shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 100,000,000 kip to 500,000,000 kip.

Where such an offence results in substantial damage to life, health or property, the offender shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging from 500,000,000 kip 1,000,000,000 kip.

 

Article 162  Dissemination of False Information regarding Aviation

Any person disseminating false information on aviation such as propaganda constituting a threat to the security and safety of aircrafts, airports or areas used for the installation of flight facilitation instruments, service staff on board an aircraft or on land, flight crew, passengers, the general public or areas surrounding an airport shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Where such an offence results in substantial damage, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 50,000,000 kip to 100,000,000 kip.

 

Article 163      Operating Aircrafts in Violation of the Aviation Regulations of the Lao PDR

Any person operating an aircraft in or out of the Lao PDR and violates the aviation regulations of the Lao PDR shall be fined ranging from10,000,000 kip to 20,000,000 kip.

Where such an offence results in substantial damage, the offender shall be fined ranging from 50,000,000 kip to 100,000,000 kip.

Article 164  Disclosure of Protection Measures against Illegal Access to a Computer System

Any person who discloses special protection measures against illegal access to a computer system without permission and causes damage to the State, individuals, legal persons, organizations or society shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging 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 illegally obtaining data pertaining to commerce, finance or individuals’ privately held information, legal persons, organizations, and other data, shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 2,000,000 kip to 5,000,000 kip.

Article 166  Remaking Photographs, Films, Music or Videos without Authorization

Any person remaking photographs, films, music or videos through new construction, complement, modification by electronic or other means for dissemination through computer systems, causing loss to natural, legal persons or concerned organizations, shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 167  Illegal Interception of Computer Data

Any person intercepting, without permission, non-public transmissions of computer data by electronic means to, from or within a computer system shall be sentenced to imprisonment for a term ranging from three months to three years and a fine shall be imposed ranging from 4,000,000 kip to 20,000,000 kip.

Article 168  Damage through Online Media

Any person causing damage through online media shall be sentenced to imprisonment for a term ranging from three months to three years and a fine shall be imposed ranging from 4,000,000 kip to 20,000,000 kip.

Article 169  Disseminating Pornographic Material

Any person disseminating pornographic material in the form of photographs, films, music or videos displaying sexual organs or sexual acts through computer systems shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 5,000,000 kip to 30,000,000 kip.

Article 170  Interference of Computer Systems

Any person using computer programs, viruses or other instruments to obstruct or destroy computer operation systems, transmitting computer data or electronic messages by hiding the address or source of data transmitter to interfere with the operating system, shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 5,000,000 kip to 30,000,000 kip.

Article 171  Falsifying Computer Data

Any person using a computer, computer systems or electronic instruments to alter data by inputting, altering, falsifying electronic addresses or deleting data in a computer system resulting in data being modified from its original state, intentionally or by means of hacking, falsifying without authorization financial, commercial or confidential data or other data of individuals, legal persons or organizations or creating false websites to fraudulently incite internet users to input credit account information, credit card codes or internet passwords in order to cause damage to other individuals, legal persons or organizations shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 5,000,000 kip to 30,000,000 kip.

Article 172  Destruction of Computer Data

Any person who deletes, modifies or alters computer data resulting in damage to the original computer data shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 173  Activities related to Cyber Crime

Any person creating new instruments or producing, importing, possessing, trading, distributing, advertising, disseminating or instructing electronic instruments namely software, or designing computer data in order to commit cybercrimes shall be punished by

three years to five years of imprisonment and shall be fined from 10,000,000 Kip to 50,000,000 kip.

Article 174  Offences on Telecommunication Systems

Any person changing the reception frequencies of, or using equipment, personal telecommunication networks to intercept, interrupt, illegally access, erase, alter, delete, listen, steal or select the data of others, shall be sentenced to imprisonment for a term ranging from three months to six months and a fine shall be imposed ranging from 500,000 kip to 5,000,000 kip.

Where such an offence is committed on a regular basis or as part of an organized group, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Article 175 Breaching Regulations on Work Safety, Work Hygiene and Safety in the Workplace

Any person breaching regulations on work safety, work hygiene, and safety in the workplace, causing damage to the health or property of other persons shall be sentenced to imprisonment for a term ranging from three months to one year or shall be re-educated without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Where such an offence results in physical injury, the offender shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 2,000,000 kip to 15,000,000 kip.

Where such an offence results in severe injuries, or physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from one year to four years and a fine shall be imposed ranging from 3,000,000 kip to 20,000,000 kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from two years to five years of imprisonment and a fine shall be imposed ranging from 4,000,000 kip to 35,000,000 kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 176  Engagement of Child Laborers

Any person engaging children of fourteen years to under eighteen years to perform heavy or dangerous work or to work in dangerous places or engaging children for a length of time which exceeds the duration as prescribed by the requisite Labor laws and relevant regulations or employing children to participate in armed conflict shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 7,000,000 kip to 30,000,000 kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from eight years to fifteen years and a fine shall be imposed ranging from 20,000,000 kip to 100,000,000 kip.

Article 177  Breaching Construction Regulations

Any person breaching regulations on construction, repair works, extension works, dismantling, transport, and use of construction materials, machineries or construction equipment, and construction control causing injuries or substantial damage to others shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Where such an offence results in injuries, the offender shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 2,000,000 kip to 15,000,000 kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from one year to four years and a fine shall be imposed ranging from 3,000,000 kip to 20,000,000 kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging fromtwo years to five years and a fine shall be imposed ranging from 4,000,000 kip to 35,000,000 kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 178  Breaching Regulations on the Management of Radioactive Materials

Any person breaching regulations relating to the management of the production, repair, supply, use, preservation, storage, buying and selling, transfer, exchange, possession or transport of radioactive materials shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Where such an offence results in severe injuries, or substantial loss, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 2,000,000 kip to 10,000,000 kip.

Where such an offence results in injuries, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Where such an offence results in severe injuries, disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging from 4,000,000 kip to 25,000,000 kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 35,000,000 kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from seven years to fifteen years and a fine shall be imposed ranging from 6,000,000 kip to 50,000,000 kip.

Article 179  Breaching Regulations on the Management of Inflammables or Toxins

Any person breaching regulations relating to the management of the production, storage, transport or trading of inflammables or toxins, causing serious damage, shall be sentenced to imprisonment for a term raging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Where such an offence results in injuries, the offender shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 2,000,000 kip to 15,000,000 kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from one year to four years and a fine shall be imposed ranging from 3,000,000 kip to 20,000,000 kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 4,000,000 kip to 35,000,000 kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 180  Breaching Safety Regulations on the Operation of Electricity Systems

Any person breaching safety regulations on the operation of electricity systems by permitting without authorization, including the safety of the construction of houses and the installation of electricity networks system, causing explosions, fires, burning forests for trail building, felling trees affecting the safety of electricity systems; digging holes, driving stakes or building houses on corridors defined and designed to protect underground electric cables, shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Where such an offence results in injuries, the offender shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 2,000,000 kip to 15,000,000 kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from one year to four years and a fine shall be imposed ranging from 3,000,000 kip to 20,000,000 kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 4,000,000 kip to 35,000,000 kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 181  Breaching Regulations on Medical Treatment, Examinations and Services

Any person breaching regulations on medical treatments, examinations, drug production, supply and sale of drugs or other medical services causing damage to the health of other persons, shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 3,000,000 kip to 20,000,000 kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 4,000,000 kip to 35,000,000 kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 182  Breaching Regulations on Factory Safety

Any person breaching regulations on factory safety, causing damage to the health of other persons, shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 3,000,000 kip to 20,000,000 kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 4,000,000 kip to 35,000,000 kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 183  Breaching Regulations on Food Safety and Hygiene

Any person breaching regulations on food safety and hygiene, causing damage to the health of other persons, shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Where such an offence results in severe injuries, physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 3,000,000 kip to 20,000,000 kip.

Where such an offence results in the loss of an individual’s life, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 4,000,000 kip to 35,000,000 kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 184  Black Magic Practices

Any person acting as a fortune teller, mind reader or practices any other forms of black magic, thereby exploiting or taking advantage of the beliefs of others and causing damage to the property or health of others, shall be sentenced to imprisonment for a term ranging from three months to one year or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Where such an offence results in serious damage, physical disability handicap or loss of life, the offender shall be sentenced to imprisonment for a term ranging from one to five years and a fine shall be imposed ranging from 10,000,000 kip to 30,000,000 kip.

Article 185  Crimes of Enticing or Compelling Juveniles to Commit Offences or Harboring Juvenile Offenders

Any person enticing or compelling juveniles to commit an offence or criminal activity or harboring juvenile offenders shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 186      Participation in an Organized Criminal Group or Racketeering

Any person who participates in an organized criminal group or racketeering shall be sentenced to imprisonment for a term ranging from three years to six years and a fine

shall be imposed ranging from 30,000,000 kip to 60,000,000 kip and their assets shall be confiscated.

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

Article 187  Giving a False Report

Any person intentionally giving a false report to officials or other relevant authorities to conduct any operation, shall be sentenced to imprisonment for a term ranging from three months to one year or re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Chapter 3

Offences against the Life, Health and Honor of a Person

 

Article 188  Murder

Any person intentionally causing the death of another person shall be sentenced to imprisonment for a term ranging from ten years to fifteen years and a fine shall be imposed ranging from from 5,000,000 kip to 50,000,000 kip.

Any person committing murder on a regular basis, as part of an organized group, committing a planned murder, committing a barbarous murder, murdering civil servants on their duties, killing several persons, a pregnant woman, a child, a wife, a husband, close relatives, people with disabilities, vulnerable persons or murders for the extraction of human organs or to conceal another offence shall be sentenced to imprisonment for a term ranging from fifteen years to twenty years and a fine shall be imposed ranging from 10,000,000 kip to 100,000,000 kip and may be placed under house arrest, sentenced to life imprisonment or subject to the death penalty.

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

Article 189  Hiring Other Persons to Commit Murder

Any person hiring an individual to commit the murder of another shall be sentenced to imprisonment for a term ranging from fifteen years to twenty years and a fine shall be imposed ranging from 15,000,000 kip to 100,000,000 kip.

Any person hiring another to commit the murder of more than one person shall be sentenced to life imprisonment and a fine shall be imposed ranging 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 Provocation

Any person intentionally causing the death of another person as a consequence of being severely affected mentally or provoked, which results in the offender being unable to control him/herself by illegal acts of the victim, shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Where such an offence results in the loss of more than one life, the offender shall be sentenced to imprisonment for a term ranging from five years to seven years and a fine shall be imposed ranging from 5,000,000 kip to 30,000,000 kip.

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

Article 191      Murdering or Abandoning One’s New-Born

Any mother who, due to whatever reason, kills or abandons her new-born to death, shall be sentenced to imprisonment for a term ranging from two years to five years.

Where the murder is committed against more than one baby, the offender shall be sentenced to imprisonment for a term ranging from five years to seven years.

Article 192  Excessive Self-Defense resulting in Death

Any person causing the death of another in circumstances which exceed the limits of legitimate self-defense shall be sentenced to imprisonment for a term ranging from one year to three years or by re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Where such an offence results in the death of more than one person, the offender shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 193  Death Incurred in the Performance of Official Duties

Any person who, whilst performing their official duties, unintentionally causes the death of another due to the excessive use of force, beyond the scope permitted by law, shall be sentenced to imprisonment for a term ranging from two years to seven years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Where the death is incurred and results in the loss of two or more lives or in severe consequences, the offender shall be sentenced to imprisonment for a term ranging from seven years to fifteen years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 194  Battery

Any person intentionally causing physical injury to another person shall be

sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offence is a battery committed by several persons or results in severe injuries, the offender shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging from 10,000,000 kip to 30,000,000 kip.

Where such an offence causes dismemberment, handicap or the death of the victim, the offender shall be sentenced to imprisonment for a term ranging from seven years to fifteen years and a fine shall be imposed ranging from 30,000,000 kip to 50,000,000 kip.

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

Article 195 Inflicting Injury on or Causing Harm to the Health of Others whilst Performing an Official Duty

Any person who, whilst performing their official duties, uses violence, beyond the scope permitted by law, thus inflicting injury to others, shall be sentenced to imprisonment for a term ranging from six months to two years or by re-education without deprivation of liberty and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offence results in injuries, including severe injuries, to more than one person, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Where such an offence causes invalidity, handicap or the death of the victim, the offender shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging from 7,000,000 kip to 30,000,000 kip.

Where such an offence results in the death of more than one person, the offender shall be sentenced to imprisonment for a term ranging from five years to seven years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 196 Excessive Self-Defense resulting in Injuries

Any person causing injuries to another in circumstances which exceed the limits of legitimate self-defense shall be punished by re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Where such an offence results in injuries, including severe injuries, to more than one person, the offender shall be sentenced to imprisonment for a term ranging from six months to two years and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Where such an offence causes invalidity, handicap or the death of the victim, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 7,000,000 kip to 30,000,000 kip.

Where such an offence results in the death of more than one person, the offender shall be sentenced to imprisonment for a term ranging from five years to seven years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 197  Induced Suicide of a Dependent

Any person, who cruelly treats, continuously intimidates, mistreats or humiliates a person dependent on him/her, inducing the latter to commit suicide, shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Any person who commits the crime of inducing more than one person to commit suicide shall be sentenced to imprisonment for a term ranging from five years to fifteen years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 198  Assisted Suicide

Any person encouraging, assisting, promoting, creating material or mental conditions for another person to commit suicide shall be sentenced to imprisonment for a term ranging from six months to three years or by re-education without deprivation of liberty.

Where the offender assists more than one person in committing suicide, he/she shall be sentenced to imprisonment for a term ranging from two years to seven years.

Article 199  Spreading Severe Diseases to Other Persons

Any person who is infected with a severe disease and intentionally spreads these diseases to other persons shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Any person intentionally spreading severe diseases to other persons shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 30,000,000 kip to 70,000,000 kip.

Where the spreading of severe diseases to others is performed on a regular basis or is done as part of an organized group, then the offender shall be sentenced to imprisonment for a term ranging from seven years to fifteen years and a fine shall be imposed ranging from 50,000,000 kip to 70,000,000 kip.

Article 200  Causing Injury to Dependent Persons

Any person who cruelly treats any persons dependent on them shall be punished by public criticism, re-education without deprivation of liberty or shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 500,000 kip to 1,500,000 kip.

Where such an offence results in severe injuries, severe physical disability or handicap, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 201  Unlawful Abortion

Any person performing an unlawful abortion on another person shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Where the offender performs an unlawful abortion on a regular basis or performs an abortion which results in the degradation of the mother’s health or her death, the offender shall be sentenced to imprisonment for a term ranging from five years to seven years and a fine shall be imposed ranging from 7,000,000 kip to 20,000,000 kip.

Any woman performing an abortion on herself or unlawfully engages another person to perform such an operation shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

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

Article 202  Failure to Provide Assistance to Persons in Danger

Any person seeing another in danger, where his/her life or health is at risk, but fails to provide assistance, where such assistance could have been provided, or fails to request the assistance of other persons, shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Any person who 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 sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Article 203  Threatening to Murder

Any person threatening to kill another person, by whatever means, in circumstances where the latter is made to believe that such a threat will be realized, shall be sentenced to imprisonment for a term ranging from three months to three years or by re-education without deprivation of liberty and a fine shall be imposed ranging from 500,000 kip to 1,500,000 kip.

Any person abusing his/her power, threatens to kill more than one person, or acts as part of an organized group, shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 204  Denigration of a Corpse or the Reputation of a Deceased Person

Any person using indecent acts or words towards a corpse or towards the reputation, burial ground or stupa of a deceased person and thereby adversely affects public morale shall be sentenced to imprisonment for a term ranging from three months to one year or by re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 205  Defamation

Any person severely damaging the reputation of another person through written, verbal or other means shall be sentenced to imprisonment for a term ranging from three months to one year or by re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Any person defaming another through written, verbal or other means resulting in severe damage to the other person’s honor shall be sentenced to imprisonment for a term ranging from three months to one year or by re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 206  Humiliating Others

Any person seriously infringing upon the dignity or honor of another shall be punished by public criticism or re-education without deprivation of liberty or sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 207  Indecent Behavior

Any person using indecent language, whether written or oral, or performing indecent acts against another which results in severe damage to the person’s honor shall be sentenced to imprisonment for a term ranging from three months to one year or by re- education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 208  Death Caused Negligently

Any person causing the death of another through negligence, or unintentionally shall be sentenced to imprisonment for a term ranging from six months to five years and a fine shall be imposed ranging from 2,000,000 kip to 10,000,000 kip.

Where such an offence results in the death of more than one person, the offender shall be sentenced to imprisonment for a term ranging from three years to ten years and a fine shall be imposed ranging from 10,000,000 kip to 30,000,000 kip.

Article 209  Physical Injuries Caused Negligently

Any person causing physical injury to another person negligently, or unintentionally shall be fined ranging from 1,000,000 kip to 5,000,000 kip.

Where such an offence results in severe injuries, physical disability, handicap or injuries to several persons, the offender shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Chapter 4

Offences against Civil Rights and Freedoms

 

Article 210  Genocide

Any person, intentionally committing national, racial, ethnic or religious destruction, in whole or in part, or causing serious physical or mental harm to members of the group; or imposing measures intended to prevent births within the group; for the purpose of racial destruction, shall be sentenced to imprisonment for a term ranging from ten years to twenty years or to life imprisonment and a fine shall be imposed ranging from 1,000,000,000 kip to 100,000,000,000 kip.

Article 211  Taking of Hostages

Any person forcing, arresting or detaining another and threatening to kill, physically harass or continues to detain such persons in order to force other individuals or organizations to act or not to act as a condition for their release, shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a f i n e shall be imposed ranging from 20,000,000 kip to 150,000,000 kip.

In the case of taking hostages in aircrafts or at airports or where more than two persons are taken as hostages, tortured, physically harassed or suffer harm or death, then the offender shall be sentenced to life imprisonment and a f i n e shall be imposed ranging from 150,000,000 kip to 500,000,000 kip.

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

Article 212  Torture

Any person committing an intentional act, whether or not they are performing their official duties, inflicting severe pain or suffering upon another, whether physical or mental, for the purpose of obtaining from him/her or from a third person information or a confession, to punish the person or a third person for acts they committed or are suspected of having committed, intimidating or coercing the person or a third person, will be

sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

When the offence causes disability, handicap or death of the victim, the offender shall be sentenced to imprisonment for a term ranging from ten years to fifteen years and a fine shall be imposed ranging from 15,000,000 kip to 50,000,000 kip.

When the offence results in the death of more than one victim, the offender shall be sentenced to imprisonment for a term ranging from fifteen years to twenty years and a fine shall be imposed ranging from 30,000,000 kip to 100,000,000 kip.

The suffering and physical harm resulting from lawfully imposed sentences or intentionally incurred from those punishments shall not be considered as torture.

Article 213  Human Trade

Any person involved in the selling of a human being shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 30,000,000 kip to 70,000,000 kip.

Any person involved in the selling of more than one person shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging from 50,000,000 kip to 100,000,000 kip.

The purchaser shall be punished on the same charge.

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

Article 214  Trading or Stealing of Human Organs

Any person selling human organs or human flesh shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Any person stealing human organs or human flesh shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 20,000,000 kip to 70,000,000 kip.

Any person selling or stealing human organs or human flesh on a regular basis or as part of an organized group or causes serious damage, shall be sentenced to imprisonment for a term ranging from seven years to twelve years and a f i n e shall be imposed ranging from 30,000,000 kip to 100,000,000 kip.

The purchaser and transporter shall be punished on the same charge. Any attempt to commit such an offence shall also be punished.

Article 215  Human Trafficking

Trafficking in persons shall mean the recruitment, abduction, movement, transportation or transfer, harboring or receipt of persons, by means of persuasion, recommending, deception,

payment or giving benefit, inducement, incitement or abuse of power, the use of threat or other forms of coercion, debt bondage, concealed child adoption, concealed engagement, concealed marriage, pregnancy for other, forced begging, producing, showing and publishing pornographic materials or by other forms for the labor exploitation, sexual exploitation, slavery, prostitution, involuntary prostitution, removal of organs for purpose of trade and other forms of unlawful 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 in accordance with each of the following provisions:

1. The offender involved in the recruiting and abduction shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 10,000,000 kip to 100,000,000 kip.
2. The offender involved in the movement, transportation and sending of trafficked persons shall be sentenced to imprisonment for a term ranging from five years to twelve years and a fine shall be imposed ranging from 10,000,000 kip to 70,000,000 kip.
3. The offender involved in receiving trafficked persons, domestically or internationally and providing housing or shelter shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

For offences committed towards children under eighteen years of age, including if it is only the act and for the purpose as mentioned above, with consent or voluntarily, the offender shall be sentenced to imprisonment for a term ranging from fifteen to twenty years and a fine shall be imposed ranging from 100,000,000 kip to 500,000,000 kip.

Any person committing an act of prostitution with the consent of the victim, if the offence falls onto one of the purposes mentioned in paragraph 1 of this Article, the act will be considered an act of human trafficking and the offender shall be sentenced to imprisonment for a term ranging from five years to fifteen years and a fine shall be imposed ranging from 10,000,000 kip to 100,000,000 kip and their assets shall be confiscated.

Where the offence is committed on a regular basis or as part of an organized group or where the victims are multiple children, close relatives of the offender, are seriously injured, become invalid, disabled or handicapped and suffer from a mental disorder, then the offender shall be sentenced to imprisonment for a term ranging from fifteen years to twenty years and a fine shall be imposed ranging from 100,000,000 kip to 500,000,000 kip and their assets shall be confiscated.

When the offence causes the victim to be a lifetime invalid or to be infected with HIV, the offender shall be sentenced to life imprisonment and a fine shall be imposed ranging from 500,000,000 kip to 1,000,000,000 kip and their assets shall be confiscated.

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

Article 216  Abduction

Any person engaging in the abduction of human beings for ransom or for other purposes shall be sentenced to imprisonment for a term ranging from seven years to fifteen years and a fine shall be imposed ranging from 30,000,000 kip to 100,000,000 kip.

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

Article 217  Unlawful Arrest, Custody or Detention

Any person unlawfully arresting, placing into custody or detaining of another individual shall be punished by public criticism or by re-education without deprivation of liberty or sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Where such an offence is committed more than one time, as part of an organized group, by abuse of authority, against several persons or against a person on official duty, the offender shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Article 218  Duress

Any person exercising duress against another person by using force, weapons or threats to compel another to act or to refrain from acting according to the offender’s will, but contrary to the compelled person’s will, and to the detriment of the compelled person, shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging 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 deceit shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging 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 a National Assembly or the Provincial People’s Council election, shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging from 7,000,000 kip to 20,000,000 kip.

Article 221  Violation of the Freedom of Speech and Assembly

Any person violating an individual’s freedom to engage in lawful speech, writing, gathering, participation at meetings and other freedoms shall be sentenced to imprisonment for a

term ranging from one year to three years or by re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Article 222  Trespass

Any person committing unlawful trespass of premises through the use of force, threats, forged documents or by impersonating an official or otherwise, shall be sentenced to imprisonment for a term ranging from one year to three years or by re-education without deprivation of liberty and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 223  Illegally Forcing Employees to Leave their Jobs

Any person illegally forcing employees to leave their jobs for his/her own interest and which results in damages, shall be fined ranging from 10,000,000 kip to 50,000,000 kip or by re- education without deprivation of liberty or sentenced to imprisonment for a term ranging from one year to three years, and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Article 224  Discrimination against Women

Any person who discriminates against women or divides, obstructs or restricts any woman from participating in any political, economic, scientific, socio-cultural or family activity, on the basis of their gender shall be subject to public criticism, re-education without deprivation of liberty or shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 225  Discrimination against Persons With Disabilities

Any person who discriminates against persons with disabilities or divides, obstructs, puts pressure on and restricts persons with disabilities from participating in any political, economic, scientific, socio-cultural or family activity on the basis of their disability, shall be subject to public criticism or re-education without deprivation of liberty or shall be sentenced to imprisonment for a term ranging from three months to two years and a f i n e shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 226  Discrimination against Children

Any person who discriminates against children or divides, obstructs, puts pressure on or restricts children from enjoying their legitimate rights on the basis of their race, gender, ethnic group, religion, language, education, competency, intellectual capacity, economic-social status, health, physiognomy, disability, nationality and other grounds, children’s parents, guardians or other members of the children’s family shall be sentenced to imprisonment for a term ranging from one year to three years and a f i n e shall be imposed ranging from 1,000,000 kip to 3,000,000 kip.

Article 227  Discrimination against a Member of an Ethnic Group

Any person who discriminates against or divides, obstructs or restricts another person from participating in any activity on the basis of their ethnicity shall be subject to public criticism or to re-education without deprivation of liberty or shall be sentenced to imprisonment for a term ranging from one year to three years and a f i n e shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 228  Infringement Upon the Right to Submit a Complaint

Any person abusing their position and power to prevent a complaint from being settled or to prevent a subject to the complaint or to deny a complaint from being considered by the concerned authorities shall be sentenced to imprisonment for a term ranging from one year to three years or by re-education without deprivation of liberty and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 229  Violation of Privacy Rights

Any person disclosing the private information of another that has come to the offender’s knowledge in the performance of his/her profession or official duties, thereby causing damage to the other person, shall be sentenced to imprisonment for a term ranging from three months to six months and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Any person unlawfully opening another individual’s letters, telegrams or other documents or listening into a telephone conversation between other persons, thereby causing damage to other persons, shall be sentenced to imprisonment for a term ranging from three months to six months and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 230      Robbery

Chapter 5 Crimes against Property

Any person violently attacking or using a direct threat against another person’s life or health in order to take any asset shall be sentenced to imprisonment for a term ranging from four to eight years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Where the offender commits robbery on a regular basis, as part of an organized group or where the acts result in severe injuries, substantial damage or the loss of life, he/she shall be sentenced to imprisonment for a term ranging from eight years to twenty years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip or sentenced to life imprisonment and a fine imposed ranging from 20,000,000 kip to 70,000,000 kip.

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

Article 231  Theft

Any person illegally taking the property of another as his/her own shall be sentenced to imprisonment for a term ranging from three months to three years or by re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Where the offender commits theft by breaking into a house or breaking fences, doors, suitcases, wardrobes and other such objects, he/she shall be sentenced to imprisonment for a term ranging from six months to five years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where the offender commits theft on a regular basis, as part of an organized group or where such acts result in substantial damage, he/she shall be sentenced to imprisonment for a term ranging from three years to eight years and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

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

Article 232  Snatching

Any person taking the property of another as his/her own by snatching shall be sentenced to imprisonment for a term ranging from six months to five years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where the offender commits snatching on a regular basis, as part of an organized group or where such acts result in severe injuries, substantial damage or death, he/she shall be sentenced to imprisonment for a term ranging from three years to eight years and a fine shall be imposed ranging from 10,000,000 kip to 30,000,000 kip.

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

Article 233  Swindling

Any person engaging in trickery by any means to cause a person to hand over control of a personal asset shall be sentenced to imprisonment for a term ranging from three months to three years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Where the offender commits swindling on a regular basis, as part of an organized group or where such acts cause substantial damage, he/she shall be sentenced to imprisonment for a term ranging from three years to eight years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

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

Article 234  Embezzlement

Any person abusing the confidence of another in order to embezzle, misappropriate or replace any property entrusted to him/her for safekeeping or any other purpose shall be sentenced to imprisonment for a term ranging from three months to three years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Where such an offence is performed on a regular basis, as part of an organized group or causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from three years to eight years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

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

Article 235  Debt Evasion

Any person who, before or after a court decision is rendered determining his/her debt, evades a debt or artificially inflates his/her value of debt by increasing the liabilities or reducing the assets of his/her estate or by reducing or concealing all or part of his/her income or by concealing part of his/her property with a view to evading the execution of a decision of the court in relation to his/her property shall be sentenced to imprisonment for a term ranging from three months to three years and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 236  Destroying or Deliberately Damaging Property

Any person intentionally destroying or damaging the property of another by any means or in any manner shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Where such an offence causes substantial damage or threatens the life or health of another, the offender shall be sentenced to imprisonment for a term ranging from three years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

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

Article 237  Destruction of Artifacts or Architecture of Artistic Value

Any person who destroys artifacts or architecture of sacred value or exploits or steals a depiction of the Buddha or another item of worship for trading shall be sentenced to imprisonment for a term ranging from two years to seven years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Any person who destroys artifacts or architecture of national cultural value which is either collective property or belongs to an individual or exports such artifacts or architecture without permission from the authorities concerned shall be sentenced to imprisonment for a term ranging from three years to eight years and a fine shall be imposed ranging from 20,000,000 kip to 100,000,000 kip.

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

Article 238  Unintentionally Causing Serious Damage to State or Collective Property

Any person unintentionally or negligently causing substantial damage, or otherwise, to any state or collective property, where such damage affects society or its economic infrastructure shall be sentenced to imprisonment for a term ranging from three months to three years or by re-

education without deprivation of liberty and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Article 239  Lack of Responsibility in Managing State or Collective Property

Any person who has the direct responsibility to manage any state or collective property and causes substantial damage to such assets due to the failure to abide by management regulations shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging 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 acquired, gathered or exploited or that has been handed over to him/her by another person, and who does not notify the authorities shall be sentenced to imprisonment for a term ranging from three months to two years and a f i ne shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Where such an offence involves property in substantial quantity or of high value, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging 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 their personal benefit, thereby causing substantial damage to the State or the people shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 242   Extortion

Any person threatening to use force or tricks to extort property shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 20,000,000 kip to 50,000,000 kip and his/her assets shall be confiscated.

Where such an offence is performed on a regular basis, as part of an organized group, or causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from three years to eight years and a fine shall be imposed ranging from 30,000,000 kip to 100,000,000 kip.

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

Article 243   Neglect Resulting in Serious Damage to State Property

Any person who has the direct responsibility to manage any state asset and who causes substantial damage or destroys such assets as a result of neglect, shall be sentenced to

imprisonment for a term ranging from one year to five years or by re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Where the offence causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from two years to seven years and a fine shall be imposed ranging from 10,000,000 kip to 30,000,000 kip.

Article 244  Concealment and Unlawful Trade of Citizens’ Property

Any person accepting, purchasing, preserving, concealing or selling any property with the knowledge that such property belongs to another person and was acquired by robbery, theft, mugging, swindle, embezzlement or otherwise shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging 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 damage, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed rangingfrom 5,000,000 kip to 15,000,000 kip.

Article 245  Negligently Causing Fire to Another Person’s Property

Any person who negligently or unintentionally causes a fire resulting in substantial damage to t h e house, building, apartment, warehouse, shop or crops of a n other or to their assets shall be sentenced to imprisonment for a term ranging from three months to two years or by re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 246  Infringement of Intellectual Property

Any person infringing the intellectual property rights of another by forging international property rights, fraudulently creating international property rights, or unfairly competing with the intellectual property of another and thereby causing damage to another shall be sentenced to imprisonment for a term ranging from one year to three years or by re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Chapter 6

Breach of Marital and Familial Relationships and Customs

 

Article 247  Adultery

A married person having sexual intercourse with another shall be sentenced to

imprisonment for a term ranging from three months to one year or by re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

The other person engaged in the adulterous act 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 any other substance or means to place a person in a state of helplessness or abusing an opportunity in order to have sexual intercourse with a woman against her will, shall be sentenced to imprisonment for a term ranging from four years to six years and a fine shall be imposed ranging from 5,000,000 kip to 30,000,000 kip.

Where the victim of rape is a woman between the ages of fifteen and eighteen a n d i s dependent upon the offender’s care or i s a patient of the offender, then the offender shall be sentenced to imprisonment for a term ranging from six years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 30,000,000 kip.

In the event of collective rape, rape of girls under fifteen years of age, battery during rape or a rape resulting in t h e victim’s permanently disability or death, the offender shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging 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 Subsequent Murder

Any person who rapes a victim and subsequently murders him/her, shall be sentenced to imprisonment for a term ranging from fifteen years to twenty years o r shall be sentenced to life imprisonment and a fine shall be imposed ranging from 10,000,000 kip to 100,000,000 kip or the offender shall be 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 from fifteen to eighteen years of age by luring, inciting, paying or by any other form of deceit, shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 3,000,000 kip to 5,000,000 kip.

Any person having sexual intercourse with a girl or boy from twelve to fifteen years of age by paying or giving any type of benefit shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging from 5,000,000 kip to 7,000,000 kip.

Any person having sexual activity with a girl or boy under twelve years of age by any means shall be considered as having committed rape and that person shall be sentenced to

imprisonment for a term ranging from ten years to fifteen years and a fine shall be imposed ranging from 7,000,000 kip to 15,000,000 kip.

Any person who requests, accepts, provides, recruits or offers children of less than eighteen years of age up for prostitution shall be considered as an offender and shall be punished in accordance with Article 254 of this Penal Code.

Article 251  Sexual Intercourse by Deceit

Any person using deceit to make a person under the offender’s care or a person in the situation of necessity to have sex with the offender or with another person against the person’s will shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

In cases where the commission of the offence is against a child from under eighteen years to twelve years of age, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

In cases where the offence is committed against a child less than twelve years of age by any means shall be considered as having committed rape against children and that person shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging from 15,000,000 kip to 70,000,000 kip.

Article 252  Sexual Intercourse by Force with a Female Spouse

Any man having sexual intercourse with his wife against her will by using force or threats, or when she is not in a state of mental or physical readiness, shall be sentenced to imprisonment for a term ranging from three months to one year or re-educated without deprivation of liberty and a fine shall be imposed ranging from 500,000 kip to 3,000,000 kip.

Where such an offence causes serious injury, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 253  Enforced Prostitution

Any person forcing another person into prostitution shall be sentenced to imprisonment for a term ranging from five years to ten years of imprisonment and a f i n e shall be imposed ranging from 20,000,000 kip to 100,000,000 kip.

Any person forcing another under the age of eighteen into prostitution shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging from 30,000,000 kip to 150,000,000 kip.

Article 254  Procuring Prostitution of Another

Any person generating income through procuring prostituting another in any manner whatsoever shall be sentenced to imprisonment for a term ranging from six months to three years

and a fine shall be imposed ranging from 10,000,000 kip to 20,000,000 kip.

Where procuring prostitution of another person is performed on a regular basis or where a person under the offender’s guardianship i s f o r c e d into prostitution, t h e n the offender shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging from 20,000,000 kip to 100,000,000 kip.

Article 255  Incest

Any person engaging in sexual intercourse with a biological parent, an adoptive parent, step-parent, grandparent, parent-in-law, biological child, adopted child, step-child, grandchild or sibling shall be sentenced to imprisonment for a term ranging from six months to five years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

A partner willingly engaging in an incestuous relationship shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 256  Disseminating Child Pornography

Any person who produces, distributes, disseminates, imports, exports, displays or sells magazines, photographs, films, videos, VCDs, DVDs or other items of child pornography, shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Article 257  Possession of Child Pornography

Any person who possesses magazines, photographs, films, videos, VCDs, DVDs or other material of child pornography, shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 3,000,000 kip.

Article 258  Gross Indecency

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/her sexual organs shall be sentenced to imprisonment for a term ranging from three months to one year of imprisonment or re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 259  Outrage

Any person engaging in any act that causes embarrassment of a sexual nature to another person against such a person’s will shall be sentenced to imprisonment for a term ranging from three months to two years or re-education without deprivation of liberty and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

In the case of indecent outrage towards children, the offender shall be sentenced to imprisonment for a term rangingfrom six months to three years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Article 260  Prostitution

Any person engaging in prostitution shall be sentenced to imprisonment for a term ranging from three months to one year or by re-education without deprivation of liberty and a fine shall be imposed ranging from 500,000 kip to 3,000,000 kip.

Any person assisting or facilitating prostitution shall be sentenced to imprisonment for a term ranging from three months to one year or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Any person who purchases sexual services shall also be punished under the same charge.

Article 261 Failure to Perform Obligations towards Minor Children, Parents or Spouses

Any person failing to take care of minor children, parents in need or a disabled or sick spouse in accordance with a court’s decision shall be sentenced to imprisonment for a term ranging from three months to one year or re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 262  Child Sex Tourism

Any person who travels from one country to another or from one place to another for engagement in child prostitution or sexual activity with a child by creating a relationship, engaging in an activity with a child or using other methods shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Any person who arranges, advertises, facilitates travellers in child sex tourism shall be sentenced to imprisonment for a term ranging from six months to two years and a fine shall be imposed ranging from 2,000,000 kip to 10,000,000 kip.

Article 263      Torture or Torment of Women and Children

Any person who applies methods of corporal or mental punishment to women by kicking, beating, constraining, detaining, fasting, forcing them to work exceeding their limits, being unfaithful or engaging in sexual abuse shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offence is committed towards a child, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Article 264  Disclosure of a Child’s Private Identity

Any person who reveals the identity or personal information of a child victim, suspect, accused, defendant or convicted person shall be sentenced to imprisonment for a term ranging from three months to one year of imprisonment or re-educated without deprivation of liberty and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 265  Abandonment of Children

Any person who intentionally abandons a child shall be sentenced to imprisonment for a term ranging from six months to two years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

If the abandonment results in the child’s disability, handicap or death, the offender shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging from 7,000,000 kip to 30,000,000 kip.

Article 266  Sexual Act Committed by a Monk, Novice, Nun or Hermit

Any monk, novice, nun or hermit who commits a sexual act with a female or male individual or between themselves shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Any individual who willingly commits a sexual act with a monk, novice, nun or hermit shall be punished under the same charges.

Article 267 Dissemination of Pornographic Objects and Objects Contrary to Fine Traditions

Any person engaging in the widespread production, directly or indirectly, distribution or dissemination of pornographic items, magazines, pictures, video cassettes and other materials contrary to fine traditions shall be sentenced to imprisonment for a term ranging from three months to one year and a f ine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 268  Forced Marriage or Divorce or Forced Prevention of Marriage or Divorce

Any person forcing another under his/her supervision to marry or divorce or prevents another from marrying or divorcing shall be fined ranging from 2,000,000 kip to 5,000,000 kip.

Any person forcing another into marriage against their will or prevents other persons from entering into a marriage shall be sentenced to imprisonment for a term ranging from three months to one year or re-education without deprivation of liberty and a f ine shall be imposed ranging

from 3,000,000 kip to 5 , 000 , 000 kip.

Where the offender forces a minor child under the age of eighteen years to marry, he/she shall be sentenced to imprisonment for a term ranging from one year to three years or re- education without deprivation of liberty and a fine shall be imposed ranging f rom 4,000,000 kip to 15 ,000,000 kip.

Article 269  Marriage with Minors

Any person entering into a marriage with a child who is under the legal age of marriage shall be sentenced to imprisonment for a term ranging from three months to one year or re- education without deprivation of liberty and a fine shall be imposed ranging from 2,000,000 kip to 5,000,000 kip.

Any person authorizing a child under the age of eighteen to marry shall also be punished under the same charges.

Article 270  Inappropriate Treatment Towards Close Relatives

Any person who mistreats or persecutes their grandparents, parents, spouses, children, grand-children or foster children, thus causing serious damage to the person’s dignity or to the fine national traditions shall be sentenced to imprisonment for a term ranging from three months to one year or re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Chapter 7

Crimes against the Economy

 

Article 271  Market Manipulation

Any person who commits an act that affects the price or volume of traded securities shall be sentenced to imprisonment for a term ranging from six months to three years and a f ine shall be imposed ranging from 300,000,000 kip to 500,000,000 kip and their assets shall be confiscated.

Where such an offence is performed on a regular basis, as part of an organized group or causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from five years to seven years and a fine shall be imposed ranging from 500,000,000 kip to 700,000,000 kip and their assets shall be confiscated.

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

Article 272  Trading of Inside Data

Any person who commits an offence relating to the provision, utilization, receipt, transmission, disclosure or dissemination of internal securities data, trading on behalf of oneself or another for the interest of oneself or another shall be sentenced to imprisonment for a term ranging from six months to three years and a f ine shall be imposed ranging from 300,000,000 kip to 500,000,000 kip and their assets shall be confiscated.

Where such an offence is performed on a regular basis, as part of an organized group or causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from five years to seven years and a fine shall be imposed ranging from 500,000,000 kip to 700,000,000 kip and their assets shall be confiscated.

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

Article 273  Inducing Customers to Buy or Sell Securities

Any person who induces customers to buy or sell securities inappropriately for their own benefit or promising to give a benefit for buying or selling securities shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 30,000,000 kip to 50,000,000 kip.

Article 274  Creation and Provision of Data on a False Stock Market

Any person who creates and provides data on a false stock market which affects the decision of investors and the stability of the stock market shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 300,000,000 kip to 500,000,000 kip.

Article 275  Production or Sale of Consumer Goods, Medicines or Cosmetics that are Hazardous to Health

Any person carelessly producing, distributing or selling any tarnished or expired drinks or food, such as meat, fish, fruit, vegetables or other consumer goods, medicines or cosmetics that contain residue harzardous to human health shall be fined ranging from 7,000,000 kip to 15,000,000 kip.

Where such an offence is intentional or causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from three months to three years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 276 Production, Transportation, Importation, Sale or Exchange of Prohibited Goods

Any person producing, transporting, importing, selling or exchanging any prohibited good shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Where such an offence is performed on a regular basis, as part of an organized group or causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 277  Opportunistic Rising of Prices

Any person opportunistically raising prices of goods or service costs or selling goods at excessive prices during periods of drought, flood or difficult situations in an affected area shall be sentenced to imprisonment for a term ranging from six months to two years a n d a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 278  Hoarding of Goods

Any person hoarding or concealing goods in any enterprise, company, shop or elsewhere for the purpose of creating instability in the economy and peoples’ lives shall be sentenced to imprisonment for a term ranging from one year to four years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 279  Unlawful Sale of State or Collective Goods

Any person with the duty to sell goods in a state- or collectively-owned shop who unlawfully sells such goods because of greed shall be sentenced to imprisonment for a term ranging from six months to two years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

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

Article 280  Falsification of Scales or Measurement

Any person tampering with scales and measurements during the sale of goods and barter or makes use of substandard scales and measurements to gain goods or money shall be sentenced to imprisonment for a term ranging from six months to two years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 281 Falsification of Bank Checks or Unlawful Use of Bank Checks or Other Bonds

Any person falsifying checks or bonds by changing or adding any information to be cashed with a bank, exchange for goods or for any other use shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging 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 engages in unlawful sale and exchange of checks shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Article 282  Destroying Bank Notes or Coins

Any person destroying bank notes or coins by cutting, making holes, tearing, writing, printing, stamping or marking bank notes or by another manner and causes damage or renders the notes or coins worthless shall be sentenced to imprisonment for a term ranging from six months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Article 283  Violation of State Tax Regulations

Any person violating state tax regulations by evading or concealing his/her obligation towards the State or does not pay tax in accordance with the Laws, such as import or export customs, taxes, royalties and other such fees, shall be sentenced to imprisonment for a term ranging from three months to five years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Article 284  Illegal Import or Export of Goods

Any person illegally importing or exporting goods in and out of the country by means of smuggling shall be sentenced to imprisonment for a term ranging from three months to three years and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Where such an offence is performed on a regular basis or as part of an organized group, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 3,000,000 kip to 20,000,000 kip.

Article 285      Breaching Regulations on Currency Management

Any person breaching regulations on currency management on a regular basis and as part of his/her profession by committing the following acts:

1. Announcing or advertising prices and values in a foreign currency;
2. Receiving payment, service fees, reimbursement or paying salaries or taxes in a foreign currency;
3. Operating a currency and money exchange business without a license;
4. Unlawfully fixing, announcing and applying exchange rates of commercial banks, exchange bureaus and other institutions;
5. Opening saving accounts overseas without authorization from the Bank of Lao PDR;
6. Failing to report on revenue and expenditures in foreign currencies to the Bank of Lao PDR;
7. Issuing or receiving loans and credit with foreign entities without authorization; or
8. Where importing or exporting foreign currencies, the Lao kip exceeds the authorized amount and the offender does not declare this at the customs at border check points or without authorization from the Bank of Lao PDR.

The offender shall be sentenced to imprisonment for a term ranging from six months to two years and a fine shall be imposed ranging 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 sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging 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 damage, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging 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 sentenced to imprisonment for a term ranging from six months to two years and a fine shall be imposed ranging 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 damage, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Article 288  Manufacturing or Trading of Fake Goods

Any person manufacturing or trading fake goods or makes copies of such goods shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging 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 damage, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 289  Giving Misleading Information About the Quality or Conditions of Products or Services

Any person who gives misleading information about the quality or conditions of products or services, which poses danger to others shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offence causes serious injury, invalidity, disability, handicap or death, the offender shall be sentenced to imprisonment for a term ranging from three years to ten years and a fine shall be imposed ranging from 50,000,000 kip to 150,000,000 kip.

Where such an offence results in the death of more than one individual, the offender shall be sentenced to imprisonment for a term ranging from five years to twenty years or life imprisonment and a fine shall be imposed ranging from 100,000,000 kip to 1,000,000,000 kip.

Article 290 Manufacturing or Trading in Fake Food, Foodstuff, Curative Medicines or Preventive Medicines

Any person who produces or trades fake food, foodstuff, curative medicines, preventive medicines or makes copies thereof shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging 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 results in a person’s disability, handicap or death, the offender shall be sentenced to imprisonment for a term ranging from three years to eight years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

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

Article 291  Manufacturing or Trading Fake Animal Feed, Fertilizers, Veterinary Drugs, Pesticides or Plant Varieties

Any person who produces or trades fake animal feed, fertilizers, veterinary drugs, pesticides or plant varieties or makes copies thereof, shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging 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 serious damage, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 7,000,000 kip to 15,000,000 kip.

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

Article 292  Selling or Concealing Animals or Animal Products Infected by Diseases

Any person intentionally selling or concealing animals or animal products infected by disease shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offence causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging from 10,000,000 kip to 30,000,000 kip.

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

Article 293     Unauthorized Movement of Plants, Plant Products and Other Controlled Items

Any person moving plants, plant products and other controlled objects, without authorization from the relevant authorities, shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Where such an offence causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging 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 or Export of Plants, Plant Products or Other Controlled Items through the Lao PDR

Any person illegally importing or exporting plants, plant products or other controlled items affected by plant diseases through the Lao PDR without authorization from the relevant authorities shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip and their assets shall be confiscated.

Where such an offence causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 10,000,000 kip to 30,000,000 kip and their assets shall be confiscated.

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

Article 295  Trading, Distributing or Storage of Plants, Plant Products or Other Controlled Items

Any person intentionally selling, distributing or storing plants, plant products or other controlled items from quarantine sites causing serious damage shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Where such an offence causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 10,000,000 kip to 30,000,000 kip.

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

Article 296  Importing, Breeding or Possession of Pests

Any person importing, breeding or possessing pests shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 10,000,000 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 his/her business without enterprise registration or runs his/her business in non-conformity with the objectives of the enterprise shall be sentenced to imprisonment for a term ranging from three months to one year or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 298  Usury

Any person who provides loans as a business without any license from the concerned authorities and provides for annual interest rates higher than thirty-six per cent shall be sentenced to imprisonment for a term ranging from three months to one year or re-education without deprivation of liberty and a f ine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 299  Breaching the State’s Regulations on Economic Management

Any person who exercises his/her rights, abuses his/her position or powers or uses his/her rights or powers exceeding the limits defined by the Laws, resulting in a deliberate breach of the State’s regulations on economic management and causes substantial damage shall be sentenced to imprisonment for a term ranging from six months to three years and a f ine shall be imposed ranging 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 and who causes a serious impact on the nation’s socio-economic development shall be sentenced to imprisonment for a term ranging from one year to three years and a f ine shall be imposed ranging from 5,000,000 kip to 30,000,000 kip.

Article 301  Breaching Regulations on Accounting

Managers or other individuals working in commercial banks or other financial institutions, who deliberately establishes or records false accounting or falsifies or destroys bank accounts or customers’ accounts shall be sentenced to imprisonment for a term ranging from three months to one year and a f ine shall be imposed ranging from 5 , 000 , 000 kip to 20 , 000 , 000 kip.

Where such an offence causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 10,000,000 kip to 100,000,000 kip.

Article 302  Providing a False Statement of Accounts

Any person who reports or provides a false statement of accounts which is important and fundamental data for releasing credits of commercial banks shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 10,000,000 kip to 100,000,000 kip.

Article 303  Violation of Business Competition

Any person who violates business competition by creating a misunderstanding, breaching business confidentiality, coercing another to run a business, tarnishing the business operator’s reputation, creating a hindrance to business, releasing false and misleading advertisements, unfairly promoting activities, discriminating within a business association, restricting business competition, abusing a monopoly power or merging business to restrict the business of others or other similar behavior as provided for in the relevant Laws and regulations shall be fined ranging 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 damage over 1,000,000,000 kip, the offender shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 10,000,000 kip to 100,000,000 kip.

Article 304  Unfair Competition in the Insurance Sector

Any person who practices unfair competition in the insurance sector that causes damage to others shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 1,000,000 kip to 20,000,000 kip.

Article 305  Wrongful Advertisement

Any person who deliberately and wrongfully advertises goods or services causing substantial damage shall be sentenced to imprisonment for a term ranging from three months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Article 306  Breaching Regulations on Donations of Money and Goods for Relief Efforts

Any person abusing his/her position or powers or abusing his/her rights and authority, exceeding the limits prescribed by the relevant Laws, thereby breaching the State’s regulations on distribution of money and goods for relief efforts and causing substantial damage shall be sentenced to imprisonment for a term ranging from three months to three years or re-education without deprivation of liberty and a f ine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 307 Breaching Regulations on the Protection of Industrial Property and New Vegetation Varieties

Any person having the power to authorize the protection of industrial property and new vegetation varieties but breaches the law and regulations pertaining to such or abuses his/her rights or position by exceeding the limit imposed by Law and causes substantial damage, shall be sentenced to imprisonment for a term ranging from six months to two years or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 308  Breaching Regulations on Natural Resource Surveys and Explorations

Any person who breaches the regulations on natural resource surveys, exploration or exploitation and causes damage shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 20,000,000 kip to 100,000,000 kip.

Where such an offence is performed on a regular basis, as part of an organized group or causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 50,000,000 kip to 200,000,000 kip.

Article 309  Breaching Regulations on Land Use

Any person who breaches the regulations on land use by occupying or transferring land or by using their rights or land in non-conformity with the regulations on land management and use and causes damage, shall be sentenced to imprisonment for a term ranging from six months to two years or re-education without deprivation of liberty and a f ine shall be imposed ranging 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 causing serious damage, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 10,000,000 kip to 30,000,000 kip.

Article 310  Breaching Regulations on Land Management

Any person who violates the regulations on land management by illegally taking advantage of or abusing their position or powers beyond the limits permitted by law for assigning, handing over, leasing, granting concession, transferring or modifying the land use right shall be sentenced to imprisonment for a term ranging from six months to two years or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 15 ,000,000 kip.

Where such an offence is performed on a regular basis, as part of an organized group or causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from one year to seven years and a fine shall be imposed ranging from 10,000,000 kip to 30,000,000 kip.

Article 311  Breaching Regulations on Forest Management and Protection

Any person who breaches the regulations on forest management and protection by illegally carrying out surveying activities, exploiting forest resources, transporting or trading wood, timber, sawn wood or processed wood shall be sentenced to imprisonment for a term ranging from six months to two years and a f ine shall be imposed ranging f rom 10 , 000 , 000 kip to 50,000,000 kip.

Where such an offence is performed on a regular basis, as part of an organized group or causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 50,000,000 kip to 100,000,000 kip.

Article 312  Breaching Regulations on Forest Management

Any person who breaches the regulations on forest management by taking advantage of or abusing his/her position or powers in an inappropriate manner or beyond the limits permitted by law to define forest zones or forest land, to illegally transfer, to exploit, to slash and burn or to transport wood products and non-timber forest products or breaches the regulations on wood measurement and wood markings shall be sentenced to imprisonment for a term ranging from six months to three years and a f ine shall be imposed ranging from 10,000,000 kip to 30,000,000 kip.

Where such an offence is performed on a regular basis, as part of an organized group or causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging 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 supplies who breaches the relevant regulations by unreasonably cutting electricity or water supplies or does so without providing twenty-four (24) hours’ notice, by denying electricity or water supplies without any reason, by providing electricity or water supplies in an unsafe or inconsistent manner, by incorrectly recording monthly electricity or water consumption or by causing delays in addressing problems related to electricity or water supplies upon receiving complaints or suggestions within 24 hours shall be sentenced to imprisonment for a term ranging from six months to three years or re- education without deprivation of liberty and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Chapter 8

Offences Relating to Illicit Drugs

 

Article 314 Production, Trade, Distribution, Transportation, Possession, Importation, Exportation or Transit of Heroin, Morphine or Cocaine through the Lao PDR

Any person who produces, trades, distributes, transports, possesses, imports, exports or transits less than one hundred (100) grams of heroin, morphine or cocaine through the Lao PDR shall be sentenced to imprisonment for a term ranging from ten years to fifteen years and a fine shall be imposed ranging from 50,000,000 kip to 100,000,000 kip and their assets shall be confiscated.

Any person who produces, trades, distributes, transports, possesses, imports or exports heroin, morphine or cocaine through the Lao PDR 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 sentenced to imprisonment for a term ranging from fifteen years to twenty years and a f ine shall be imposed ranging from 100,000,000 kip to 500,000,000 kip and their assets shall be confiscated.

Any person who produces, trades, distributes, transports, possesses, imports or exports between three hundred (300) grams and five hundred (500) grams of heroin, morphine or cocaine through the Lao PDR shall be sentenced to life imprisonment and a f ine shall be imposed ranging from 500,000,000 kip to 1,000,000,000 kip and their assets shall be confiscated.

Any person who produces, trades, distributes transports, possesses, imports or exports more than five hundred (500) grams of heroin, morphine or cocaine through the LDR shall be subject to the death penalty and their assets shall be confiscated.

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

Article 315      Production, Processing, Trade, Distribution, Transportation, Possession, Importation, Export or Transit of Amphetamines, Ice or Other Psychotropic Substances through the Lao PDR

Any person who produces, processes, trades, distributes, transports, possesses, imports, exports or transits through the Lao PDR less than one hundred (100) grams of amphetamines, ice or other psychotropic substances shall be sentenced to imprisonment for a term ranging from five years to ten years and a f i n e shall be imposed ranging from 10,000,000 kip to 100,000,000 kip and their assets shall be confiscated.

Any person who produces, processes, trades, distributes, transports, possesses or imports, exports or transits through the Lao PDR between one hundred (100) grams and five hundred

(500) grams of amphetamines, ice or other psychotropic substances on a regular basis or as part of an organized group shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a f i n e shall be imposed ranging from 100,000,000 kip to 500,000,000 kip and their assets shall be confiscated.

Any person who produces, processes, trades, distributes, transports, possesses, imports, exports or transits through the Lao PDR between five hundred (500) grams and three (3) kilograms of amphetamines, ice or other psychotropic substances shall be sentenced to life imprisonment and a f i n e shall be imposed ranging from 500,000,000 kip to 1,000,000,000 kip and their assets shall be confiscated.

Any person, who produces, trades, distributes transports, possesses, imports, exports or transits through the Lao PDR more than three (3) kilograms of amphetamines, ice or other psychotropic substances, shall be punished by the death penalty.

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

Article 316     Production, Processing, Trade, Distribution, Transportation, Possession, Import, Export or Transit of Precursors for the Production of Illicit Drugs through the Lao PDR

Any person who produces, processes, trades, distributes, transports, possesses, imports, exports or transits through the Lao PDR less than five hundred (500) grams of precursors for the production of illicit drugs shall be sentenced to imprisonment for a term ranging from five years to ten years and a f i n e shall be imposed ranging from 5,000,000 kip to 20,000,000 kip and their assets shall be confiscated.

Any person who produces, processes, trades, distributes, transports, possesses, imports, exports or transits through the Lao PDR precursors for the production of illicit drugs on a regular basis, as part of an organized group or in a quantity ranging from five hundred (500) grams to one

(1) kilogram shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging from 20,000,000 kip to 100,000,000 kip and their assets shall be confiscated.

Any person who produces, processes, trades, distributes, transports, possesses, imports, exports or transits through the Lao PDR between one (1) kilogram and ten (10) kilograms of precursors for the production of illicit drugs shall be sentenced to life imprisonment and a fine shall be imposed ranging from 100,000,000 kip to 500,000,000 kip and their assets shall be confiscated.

Any person who produces, processes, trades, distributes, transports, possesses, imports, exports or transits through the Lao PDR more than ten (10) kilograms of precursors for the production of illicit drugs shall be punished by the death penalty.

Any preparation or attempt 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 PDR less than one (1) kilogram of opium for trading shall be sentenced to imprisonment for a term ranging from two to ten years and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip and their assets shall be confiscated.

Any person who plants, produces, trades, distributes, transports, possesses, imports, exports or transits through the Lao PDR opium for trading on a regular basis, as part of an organized group or in a quantity ranging from one (1) to three (3) kilograms of opium shall be sentenced to imprisonment for a term ranging from ten years to fifteen years and a fine shall be imposed ranging from 10,000,000 kip to 20,000,000 kip and their assets shall be confiscated.

Any person who plants, produces, trades, distributes, transports, possesses, imports, exports or transits through the Lao PDR 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 sentenced to imprisonment for a term ranging from fifteen years to twenty years and a fine shall be imposed ranging from 20,000,000 kip to 40,000,000 kip and their assets shall be confiscated.

Any person who plants, produces, trades, distributes, transports, possesses, imports, exports or transits through the Lao PDR opium for trading on a regular basis or as part of an organized group or in a quantity of more than five (5) kilograms of opium shall be sentenced to life imprisonment and a fine shall be imposed ranging from 40,000,000 kip to 100,000,000 kip and their assets shall be confiscated.

Any person who plants opium for the first time shall be subject to public criticism and shall be fined ranging from 1,000,000 kip to 5,000,000 kip and their opium plants shall be destroyed.

Any person who plants opium more than one time shall be punished from one year to three years of imprisonment and shall be fined ranging from 5,000,000 kip to 20,000,000 kip and their opium plants shall be destroyed.

Any person who possesses opium seeds for the first time shall be subject to public criticism and shall be fined ranging from 100,000 kip to 5,000,000 kip and their opium seeds shall be destroyed.

Any person who possesses opium seeds for the second time shall be punished from three months to one year of imprisonment and shall be fined ranging from 500,000 kip to 5,000,000 kip and their opium seeds shall be destroyed.

Any person who trades or possesses young opium plants for the first time shall be subject to public criticism and shall be fined ranging from 100,000 kip to 500,000 kip and their young plants shall be destroyed.

Any person who trades or possesses young opium plants for more than one time shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 500,000 kip to 3,000,000 kip and their young plants shall be destroyed.

Article 318 Plantation, Production, Trade, Distribution, Transportation, Possession, Import, Export or Transit of Marijuana or Marijuana Seeds through the Lao PDR

Any person who plants between three (3) kilograms and ten (10) kilograms of raw marijuana for trading purposes shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 500,000 kip to 5,000,000 kip.

Any person who plants more than ten (10) kilograms of raw marijuana for trading purposes shall be sentenced to imprisonment for a term ranging from one year to three years and a f i n e shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Any person who produces, trades, distributes, transports, possesses, imports, exports or transits through the Lao PDR between five (5) and ten (10) kilograms of dry marijuana for trading shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Any person who produces, trades, distributes, transports, possesses or imports, exports or transits through the Lao PDR less than five (5) kilograms of dry marijuana for trading shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Any person who produces, trades, distributes, transports, possesses, imports, exports or transits through the Lao PDR dry marijuana for trading on a regular basis or as part of an organized group or in a quantity of more than ten (10) kilograms of dry marijuana shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 20,000,000 kip to 50,000,000 kip.

Any person who trades, distributes, transports, possesses, imports, exports or transits, through the Lao PDR marijuana seeds of more than ten (10) grams shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging

from 3,000,000 kip to 10,000,000 kip.

Tetrahydrocannabinol, hashish and various derivative tetrahydrocannabinol:

• Where the net weight of one of the above-mentioned items is between zero point three (0.3) grams and fifty (50) grams, the offender shall be sentenced to imprisonment for a term ranging from two years to four years and shall be fined from 5,000,000 kip to 9,000,000 kip;
• Where the net weight is between fifty (50) grams and one hundred (100) grams, the offender shall be sentenced to imprisonment for a term ranging from five years to seven years and a fine shall be imposed ranging from 10,000,000 kip to 29,000,000 kip and their assets shall be confiscated;
• Where the net weight is between one hundred (100) grams and two hundred (200) grams, the offender shall be sentenced to imprisonment for a term ranging from ten years to fourteen years and a fine shall be imposed ranging from 30,000,000 kip to 59,000,000 kip and their assets shall be confiscated;
• Where the net weight is between two hundred (200) grams and five hundred (500) grams, the offender shall be sentenced to imprisonment for a term ranging from fifteen years to twenty years and a fine shall be imposed ranging from 60,000,000 kip to 99,000,000 kip and their assets shall be confiscated;
• Where the net weight is more than five hundred (500) grams, the offender shall be sentenced to life imprisonment and a fine shall be imposed ranging from 100,000,000 kip to 200,000,000 kip and their assets shall be confiscated.

Article 319      Production, Processing, Trade, Distribution, Transportation, Possession, Import, Export or Transit of Synthetic Drugs through the Lao PDR

Any person, who produces, processes, trades, distributes, transports, possesses, imports, exports or transits synthetic drugs through the Lao PDR shall be considered as follows:

• If, after analysis of the drug, it is found that the drug is mixed with other substances, the offender shall be punished according to the weight and types of drugs as provided for in Articles 314, 315, 316, 317 and 318 of this Penal Code;
• If, after analysis of the drug, it is found that there is no addictive drug mixed with the substance, then the producer, the seller, the buyer, the distributor, the transporter, possessor, importer, exporter or person who transits the synthetic drug through the Lao PDR shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 320     Drug Consumption or Possession for Consumption

Any person who consumes or possesses heroin, morphine or cocaine less than zero point two (0.2) grams, amphetamines or ice of less than zero point three (0.3) grams, opium of less than

zero point five (0.5) grams, marijuana of less than five (5) grams, other volatile substances with psychotropic substances of less than zero point five (0.5) grams or plants with psychotropic substances of less than five (5) grams for the purpose of consumption shall be regarded as victims and shall be treated or sent for treatment, as the case may be.

Any person who possesses between zero point two (0.2) grams and two (2) grams of heroin, morphine or cocaine for the purpose of consumption shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Any person who possesses between zero point three (0.3) grams and three (3) grams of amphetamines or ice for the purpose of consumption shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Any person who possesses between zero point five (0.5) grams and five (5) grams of opium for the purpose of consumption shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Any person who possesses between five (5) grams and ten (10) grams of dry marijuana for the purpose of consumption shall be sentenced to imprisonment for a term ranging from six months to two years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Any person who possesses between zero point five (0.5) grams and five (5) grams of other volatile substances for the purpose of consumption shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Any person who possesses between five (5) grams and ten (10) grams of a plant that produces drugs for the purpose of consumption shall be sentenced to imprisonment for a term ranging from one month to six months and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

The person providing services for the consumption of opium shall be sentenced to imprisonment for a term ranging from three years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

The person providing services for the consumption of marijuana shall be sentenced to imprisonment for a term ranging from three months to five years and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 321      Addiction subsequent to Treatment

A person who has received treatment for drug addiction but subsequently becomes addicted again is to be punished as follows:

• Where the consumer has received first time treatment, certified in writing by the relevant official of the treatment center, but becomes addicted again, he/she shall be subject to public criticism and shall be fined ranging from 100,000 kip to 300,000 kip;

• Where the consumer has received treatment for the second time, certified in writing by the relevant official of the treatment center, but becomes addicted again, he/she shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 300,000 kip to 500,000 kip; and
• Where the consumer received treatment for the third time, certified in writing by the relevant official of the treatment center, but becomes addicted again, he/she shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 500,000 kip to 5,000,000 kip.

Article 322  Stealing, Swindling, Embezzlement or Robbery of Illicit Drugs

Any person stealing, swindling, embezzling or robbing illicit drugs shall be punished from two years to five years and shall be fined from 5,000,000 kip to 50,000,000 kip.

Where the offender steals, swindles, embezzles or robs illicit drugs of a substantial quantity, does so on a regular basis or as part of an organized group, he/she shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 10,000,000 kip to 100,000,000 kip.

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

Article 323  Possession of Machinery, Equipment and Materials to Produce Illicit Drugs

Any person who possesses machines, equipment or materials to produce illicit drugs shall be sentenced to imprisonment for a term ranging from six months to two years and a fine shall be imposed ranging from 2,000,000 kip to 5,000,000 kip.

Where such an offense is committed on a regular basis or involves a large quantity of items, then the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 324  Forcing or Inducing Another to Use Illicit Drugs

Any person who uses force, weapons, threats or tricks or offers benefits to another to induce or force him/her to use illicit drugs, shall be sentenced to imprisonment for a term ranging from two years to seven years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offense is on a regular basis, as part of an organized group, committed against a child, pregnant woman, several persons or causes serious disease, then the offender shall be sentenced to imprisonment for a term ranging from five years to ten years of imprisonment and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Where such an offense results i n the victim’s invalidity or death, the offender shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging from 7,000,000 kip to 30,000,000 kip.

Where such an offense results in t h e d e a t h of m o r e t h a n t w o victims or causes

invalidity or a disability, then the offender shall be sentenced to life imprisonment and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 325  Breaching Regulations on the Management and Use of Addictive Drugs or Precursors

Any person responsible for the storage, preservation, distribution, allocation or use of addictive drugs or precursors for any analysis purposes but breaches regulations on the management and use of such addictive drugs or precursors shall be sentenced to imprisonment for a term ranging from two years to seven years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offense is committed on a regular basis, as part of an organized group or causes serious damage, then the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and a fine shall be imposed ranging from 5,000,000 kip to 20,000,000 kip.

Chapter 9

Offences against Natural Resources and the Environment

 

Article 326 Illegal Logging of Controlled Wood, Slashing and Burning and Exploitation of Non-Timber Forestry Products

Any person who unlawfully cuts controlled wood, practices slash and burn or exploits non- timber forest products and causes damage of more than 5,000,000 kip shall be sentenced to imprisonment for a term ranging from three months to one year and shall be fined double the value of the damage sustained and the offender shall be subject to rehabilitation

Where such an offence is performed on a regular basis, as part of an organized group or causes substantial damage, the offender shall be sentenced to imprisonment for a term raging from two years to five years and shall be fined triple the value of the damage sustained and the offender shall be subject to restoration.

Article 327 Illegal Logging, Trade or Moving of Protected Natural Stumps and Special Categories of Nearly Extinct Wood

Any person who illegally logs, trades and moves protected natural wood or the special categories of the nearly extinct wood and causes damage of more than 5,000,000 kip shall be sentenced to imprisonment for a term ranging from six months to one year and a fine shall be imposed ranging from 1,000,000,000 kip to 2,500,000,000 kip and shall be subject to rehabilitation.

Where such an offense is committed for the second time or performed on a regular basis, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and shall be fined double the value of the damage sustained and shall be subject to rehabilitation.

Article 328 Giving Log-Marking Hammer or the Permission to Log to Unauthorized Persons

Any person with logging rights and responsibilities, who gives a log-marking hammer or grants permission to log to an unauthorized person shall be sentenced to imprisonment for a term ranging from one year to three years and shall be fined double the value of the damage sustained, based on the market price at the time that the damage was incurred.

Article 329 Falsifying Seals and Documents Relating to Exploitation, Trade, Transportation, Production and Sale of Wood and Forest Products

Any person falsifying seals and documents relating to the exploitation, trade, transportation, production and sale of wood and forest products shall be sentenced to imprisonment for a term ranging from one year to three years and shall be fined double the value of the damage sustained.

Article 330  Destruction of Crops

Any person destroying crops belonging to the State, the collective, social organizations or individuals shall be fined ranging from 1,000,000 kip to 5,000,000 kip.

Where such an offence causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 331  Illegal Hunting

Any person engaging in hunting that is inconsistent with hunting regulations, such as the hunting of protected species, hunting a pregnant animal, hunting during a restricted season or in a prohibited zone or hunting with prohibited tools, etc., shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging 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 damage of more than 50,000,000 kip, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and shall be fined double the value of the damage sustained.

Article 332  Illegal Fishing or Catching of Aquatic Animals

Any person engaged in fishing or catching of any other aquatic animal inconsistent with the relevant fishing regulations, such as with the use of explosives, poisons, chemicals or other prohibited tools, shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offence causes damage valued between 1,000,000 kip and 15,000,000 kip, the offender shall be sentenced to imprisonment for a term ranging from three months to two years and shall be fined double the value of the damage sustained.

Where such an offence is performed on a regular basis, as part of an organized group or causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and shall be fined double the value of the damage sustained.

Article 333  Encroachment on the Habitats and Feeding Zones of Aquatic and Land-Based Wildlife

Any person encroaching on the habitats and feeding zones of aquatic and land-based wildlife shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging 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 damage, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and shall be fined double the value of the damage sustained.

Article 334   Trading or Possessing Aquatic Animals or Protected Categories of Wildlife

Any person trading in or being in possession of live aquatic animal or categories of protected wildlife or the carcasses, parts or organs of such animals shall be sentenced to imprisonment for a term ranging from three months to five years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 335  Importing, Exporting, Transiting or Moving Aquatic Animals and Land- Based Wildlife

Any person importing, exporting, returning, transshipping or transiting aquatic animals and land-based wildlife, including their parts, organs and products in breach of the regulations relating to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, shall be sentenced to imprisonment for a term ranging from three months to five years and shall be fined double the value of the damage sustained.

Where such an offence is performed on a regular basis, as part of an organized group or causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years and shall be fined triple the value of the damage sustained.

Article 336  Destroying Aquatic Resources

Any person using toxic substances, explosives, chemicals, electric current or prohibited fishing means or gears to exploit aquatic products or to destroy aquatic resources, causing substantial damage, shall be sentenced to imprisonment for a term ranging from six months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 337   Breaching Regulations on the Protection of Precious and Rare Wild Animals

Any person who illegally hunts, catches, detains, kills, transports and/or trades in precious and rare wild animals which are protected under the Government’s regulations or illegally transports and/or trades in the products made from such animals, shall be sentenced to imprisonment for a term ranging from six months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 338  Illegal Land Occupation

Any person who illegally occupies land in areas preserved for forest conservation, dense forest, water sources , water areas, cultural land, sacred land, ecotourism, historical land and other land dedicated by the State for conservation, causes damage to state or collective property or has a negative environmental impact, shall be sentenced to imprisonment for a term ranging from one year to three years and shall be fined double the value of the damage sustained and the occupied land shall be subject to seizure.

Where the offence is committed on a regular basis, as part of an organized group or causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from three years to five years and shall be fined triple the value of the damage sustained and the occupied land shall be subject to seizure.

Article 339  Destruction of Sources of Minerals

Any person who destroys the source of minerals, a location where minerals are aggregated by means of natural process and is then certified in terms of quantity and quality, shall be sentenced to imprisonment for a term ranging from six months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from from 10,000,000 kip to 50,000,000 kip.

Where such an offence causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging from 50,000,000 kip to 100,000,000 kip.

Article 340  Unlawful Exploitation of Natural Resources

Any person exploiting natural resources, such as metals, minerals and precious stones in a manner inconsistent with the relevant laws shall be fined ranging from 5,000,000 kip to 15,000,000 kip.

Where such an offence is committed on a regular basis, as part of an organized group or causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 7,000,000 kip to 20,000,000 kip.

Article 341  Survey, Exploitation or Utilization of Water Resources Without Authorization

Any person surveying, exploiting or utilizing surface or underground water resources without authorization shall be fined ranging from 7,000,000 kip to 20,000,000 kip.

Where such an offence causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 10,000,000 kip to 50,000,000 kip.

Article 342  Breaching Regulations on Construction of Meteorology, Hydrology and Seismic Centers

Any person breaching regulations on the construction of meteorological, hydrological and seismic centers shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 20,000,000 kip to 50,000,000 kip.

Article 343 Releasing Misleading Information Relating to Meteorology, Hydrology and Seismic Activity

Any person releasing misleading information relating to meteorological, hydrological or seismic activity, thus breaching the regulations on the construction of meteorological, hydrological and seismic centers shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Article 344  Destroying Equipment used for Meteorology, Hydrology and Seismology

Any person destroying equipment used for meteorology, hydrology and seismology causing damage of more than 5,000,000 kip shall be sentenced to imprisonment for a term ranging from three months to one year and shall be fined double the value of the actual damage sustained.

Article 345      Breaching the National Environment Quality Control Standards

Any person breaching the national environment quality control standards, such as the quality of drinking water, surface water, underground water or the quality of land in residential or agricultural areas, or air or noise quality, which exceeds the permitted quantity and frequency, shall be fined ranging from 50,000,000 kip to 100,000,000 kip.

Where the offence is committed on a regular basis, as part of an organized group or causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging from 100,000,000 kip to 500,000,000 kip.

Article 346  Air pollution

Any person discharging into the air different kinds of smoke, dust, toxic matters or other harmful elements, exceeding the limits as permitted by the air control pollution standards, thus causing serious damage, shall be sentenced to imprisonment for a term ranging from six months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 347  Land pollution

Any person who throws, buries, discharges or destroys waste or releases toxic substances onto the land, exceeding the limits permitted by the relevant standards and causes serious damage, shall be sentenced to imprisonment for a term ranging from six months to three years or re- education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 348  Water Source Pollution

Any person releasing dirty water, oil, grease, toxic chemicals or radioactive substances, exceeding the limits permitted by the relevant standards, or releases waste, animal and plant residue, bacteria, micro-bacteria, harmful and epidemical parasites or other harmful elements and causes serious damage, shall be sentenced to imprisonment for a term ranging from six months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 349  Breaching the National Disturbance Pollution Control Standards

Any person breaching the national disturbance pollution control standards, relating to noise, light, color, odors, vibration and heat, exceeding the limits permitted by the national standards and causes serious damage to life, human health, animals, plants and other environments and ecosystems shall be fined ranging from 50,000,000 kip to 100,000,000 kip.

Article 350  Importing Items which Fail to Satisfy the Environmental Protection Criteria

Any person importing or permitting the import of technologies, machinery, equipment, toxic chemicals, radioactive substances or discarded materials, which fail to satisfy the environmental protection criteria, causing serious damage, shall be sentenced to imprisonment for a term ranging from six months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 50,000,000 kip.

Article 351  Breaching Chemical and Dangerous Waste Control Measures

Any person breaching regulations relating to dangerous and chemical waste control measures in the production process in business or in services or breaching the control measures on storage, disposal and destruction of toxic chemicals and any chemical waste and causes damage shall be fined ranging from 50,000,000 kip to 100,000,000 kip.

Where the offence is committed on a regular basis or causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging from 100,000,000 kip to 500,000,000 kip.

Article 352  Failing to Comply with a Restoration Order

Any person who does not comply with a restoration order as issued by a court of law shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 6,000,000 kip to 100,000,000 kip.

Article 353  Cruelty towards Animals

Any person acting with cruelty towards pets or captive animals, such as detaining animals without water or food, using excessive force towards animals, beating animals, transporting animals in a crowded space or poisoning animals shall be punished by re-education without deprivation of liberty or a f ine shall be imposed ranging from 500,000 kip to 3,000,000 kip.

Where such an offence is performed on a regular basis, the offender shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Chapter 10 Corruption

 

Article 354  Corruption

Corruption is the behavior of a leader, an administrative, technical or enterprise staff member, a civil servant, a military officer, police officer, including the village chief or person entrusted to

perform official duties or a foreign or international organization staff member. Corruption comprises the following forms of offences:

1. Embezzlement of state or collective assets;
2. Fraudulent activity regarding the State or collective assets;
3. Giving bribes;
4. Receiving bribes;
5. Abuse of position, power and duties to acquire the State’s, the collective’s or an individual’s assets;
6. Abuse of state or collective assets;
7. Abuse of position, power and duties to misappropriate the State’s, the collective’s or an individual’s assets;
8. Cheating or falsifying construction specification standards, designs, calculations and others;
9. Cheating on bids or concessions;
10. Falsifying documents or using falsified documents;
11. Disclosing confidential information for personal gain;
12. Holding back or delaying

Article 355  Embezzlement of State or Collective Assets

Any official who commits an act of corruption under Article 354 of this Penal Code by embezzling state or collective assets through abuse of trust in order to misappropriate, acquire or replace state or collective assets that were entrusted to the civil servant to be taken care of, used, transported, constructed, repaired or worked on, shall be punished in accordance with the following provisions:

1. Where the damage is less than 20,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from one year to two years and shall be fined one percent (1%) of the value of the damage sustained;
2. Where the damage is between 20,000,000 kip and 50,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from two years to four years and shall be fined one percent (1%) of the value of the damage sustained;
3. Where the damage is between 50,000,000 kip and 100,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from four years to six years and shall be fined one percent (1%) of the value of the damage sustained;
4. Where the damage is between 100,000,000 kip and 300,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from six years to eight years and shall be fined one percent (1%) of the value of the damage sustained;

5. Where the damage is between 300,000,000 kip and 500,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eight years to ten years and shall be fined one percent (1%) of the value of the damage sustained;
6. Where the damage is between 500,000,000 kip and 600,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from ten years to twelve years and shall be fined one percent (1%) of the value of the damage sustained;
7. Where the damage is between 600,000,000 kip and 700,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from twelve years to fourteen years and shall be fined one percent (1%) of the value of the damage sustained;
8. Where the damage is between 700,000,000 kip and 800,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from fourteen years to sixteen years and shall be fined one percent (1%) of the value of the damage sustained;
9. Where the damage is between 800,000,000 kip and 1,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from more than sixteen years to eighteen years and shall be fined one percent (1%) of the value of the damage sustained;
10. Where the damage is between 1,000,000,000 kip to 2,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eighteen years to twenty years and shall be fined one percent (1%) of the value of the damage sustained; and
11. Where the damage is more than 2,000,000,000 kip: the offender is to be sentenced to life imprisonment and shall be fined one percent (1%) of the value of the damage

Where corruption of this form is committed on a regular basis or as part of an organized group, the offender shall be fined double the value of the penalties prescribed in the above sub-sections of this article and his/her assets will be confiscated.

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

Article 356  Fraud of State or Collective Assets

Any official who commits an act of corruption under Article 354 of this Penal Code by misappropriating state or collective assets through deceit, by any means, of a person responsible for such assets, shall be punished in accordance with the following provisions:

1. Where the damage is less than 20,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from one year to two years and shall be fined one percent (1%) of the value of the damage sustained;
2. Where the damage is between 20,000,000 kip and 50,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from two years to four years shall be fined one percent (1%) of the value of the damage sustained;

3. Where the damage is between 50,000,000 kip and 100,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from four years to six years and shall be fined one percent (1%) of the value of the damage sustained;
4. Where the damage is between 100,000,000 kip and 300,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from six years to eight years and shall be fined one percent (1%) of the value of the damage sustained;
5. Where the damage is between 300,000,000 kip and 500,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eight years to ten years and shall be fined one percent of (1%) the value of the damage sustained;
6. Where the damage is between 500,000,000 kip and 600,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from ten years to twelve years and shall be fined one percent (1%) of the value of the damage sustained;
7. Where the damage is between 600,000,000 kip and 700,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from twelve years to fourteen years and shall be fined one percent (1%) of the value of the damage sustained;
8. Where the damage is between 700,000,000 kip and 800,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from fourteen years to sixteen years and shall be fined one percent (1%) of the value of the damage sustained;
9. Where the damage is between 800,000,000 kip and 1,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from sixteen years to eighteen years and shall be fined one percent (1%) of the value of the damage sustained;
10. Where the damage is between 1,000,000,000 kip to 2,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eighteen years to twenty years and shall be fined one percent (1%) of the value of the damage sustained; and
11. Where the damage is more than 2,000,000,000 kip: the offender is to be sentenced to life imprisonment and shall be fined one percent (1%) of the value of the damage

Where corruption of this form is committed on a regular basis or as part of an organized group, the offender shall be fined double the value of the penalties prescribed in the above sub- sections of this article and his/her assets will be confiscated.

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

Article 357  Giving Bribes

Any official who commits an act of corruption under Article 354 of this Penal Code by giving bribes through offering, handing or promising to give money, objects or other benefits by himself/herself or through an intermediate, directly or indirectly, to a civil servant in order to perform, choose to perform or not to perform their official duties for the benefit and motive of the bribe-giver, shall be punished in accordance with the following provisions:

1. Where the damage is less than 20,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from one year to two years and shall be fined one percent (1%) of the value of the damage sustained;
2. Where the damage is between 20,000,000 kip and 50,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from two years to four years shall be fined one percent (1%) of the value of the damage sustained;
3. Where the damage is between 50,000,000 kip and 100,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from four years to six years and shall be fined one percent (1%) of the value of the damage sustained;
4. Where the damage is between 100,000,000 kip and 300,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from six years to eight years and shall be fined one percent (1%) of the value of the damage sustained;
5. Where the damage is between 300,000,000 kip and 500,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eight years to ten years and shall be fined one percent (1%) of the value of the damage sustained;
6. Where the damage is between 500,000,000 kip and 600,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from ten years to twelve years and shall be fined one percent (1%) of the value of the damage sustained;
7. Where the damage is between 600,000,000 kip and 700,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from twelve years to fourteen years and shall be fined one percent (1%) of the value of the damage sustained;
8. Where the damage is between 700,000,000 kip and 800,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from fourteen years to sixteen years and shall be fined one percent (1%) of the value of the damage sustained;
9. Where the damage is between 800,000,000 kip and 1,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from sixteen years to eighteen years and shall be fined one percent (1%) of the value of the damage sustained;
10. Where the damage is between 1,000,000,000 kip and 2,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eighteen years to twenty years and shall be fined one percent (1%) of the value of the damage sustained; and
11. Where the damage is more than 2,000,000,000 kip: the offender is to be sentenced to life imprisonment and shall be fined one percent (1%) of the value of the damage sustained.

Article 358  Receiving Bribes

Any official who commits an act of corruption under Article 354 of this Penal Code by receiving bribes through acceptance, claiming, requesting, or agreeing to take money, objects or other benefits from the bribe-giver, directly or indirectly, in order to perform his/her mandate or to abandon his/her mandate for the benefit and motive of the bribe-giver, shall be punished in accordance with the following provisions:

1. Where the damage is less than 20,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from one year to two years and shall be fined one percent (1%) of the value of the damage sustained;
2. Where the damage is between 20,000,000 kip and 50,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from two years to four years shall be fined one percent (1%) of the value of the damage sustained;
3. Where the damage is between 50,000,000 kip and 100,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from four years to six years and shall be fined one percent (1%) of the value of the damage sustained;
4. Where the damage is between 100,000,000 kip and 300,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from six years to eight years and shall be fined one percent (1%) of the value of the damage sustained;
5. Where the damage is between 300,000,000 kip and 500,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eight years to ten years and shall be fined one percent (1%) of the value of the damage sustained;
6. Where the damage is between 500,000,000 kip and 600,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from ten years to twelve years and shall be fined one percent (1%) of the value of the damage sustained;
7. Where the damage is between 600,000,000 kip and 700,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from twelve years to fourteen years and shall be fined one percent (1%) of the value of the damage sustained;
8. Where the damage is between 700,000,000 kip and 800,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from fourteen years to sixteen years and shall be fined one percent (1%) of the value of the damage sustained;
9. Where the damage is between 800,000,000 kip and 1,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from sixteen years to eighteen years and shall be fined one percent (1%) of the value of the damage sustained;
10. Where the damage is between 1,000,000,000 kip and 2,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eighteen years to twenty years and shall be fined one percent (1%) of the value of the damage sustained; and
11. Where the damage is more than 2,000,000,000 kip: the offender is to be sentenced to life imprisonment and shall be fined one percent (1%) of the value of the damage sustained.

Article 359  Abuse of Position, Power or Duties to Acquire the State’s, the Collective’s or an Individual’s Assets

Any official who commits an act of corruption under Article 354 of this Penal Code by abusing his/her position, power or duties to misappropriate the State’s, the collective’s or an individual’s assets for personal gain or in the interests of the family or friends of the official and thus causes damage to the State, the collective or to the legitimate rights and interests of citizens, shall be punished in accordance with the following provisions:

1. Where the damage is less than 20,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from one year to two years and shall be fined one percent (1%) of the value of the damage sustained;
2. Where the damage is between 20,000,000 kip and 50,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from two years to four years shall be fined one percent (1%) of the value of the damage sustained;
3. Where the damage is between 50,000,000 kip and 100,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from four years to six years and shall be fined one percent (1%) of the value of the damage sustained;
4. Where the damage is between 100,000,000 kip and 300,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from six years to eight years and shall be fined one percent (1%) of the value of the damage sustained;
5. Where the damage is between 300,000,000 kip and 500,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eight years to ten years and shall be fined one percent (1%) of the value of the damage sustained;
6. Where the damage is between 500,000,000 kip and 600,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from ten years to twelve years and shall be fined one percent (1%) of the value of the damage sustained;
7. Where the damage is between 600,000,000 kip and 700,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from twelve years to fourteen years and shall be fined one percent (1%) of the value of the damage sustained;
8. Where the damage is between 700,000,000 kip and 800,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from fourteen years to sixteen years and shall be fined one percent (1%) of the value of the damage sustained;
9. Where the damage is between 800,000,000 kip and 1,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from sixteen years to eighteen years and shall be fined one percent (1%) of the value of the damage sustained;
10. Where the damage is between 1,000,000,000 kip and 2,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eighteen years to twenty years and shall be fined one percent (1%) of the value of the damage sustained; and
11. Where the damage is more than 2,000,000,000 kip: the offender is to be sentenced to life imprisonment and shall be fined one percent (1%) of the value of the damage

Article 360  Abuse of State or Collective Assets

Any official who commits an act of corruption under Article 354 of this Penal Code by abusing state or collective assets by using such assets for personal gain and thus causes damage to the State or the collective, shall be punished in accordance with the following provisions:

1. Where the damage is less than 20,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from one year to two years and shall be fined one percent (1%) of the value of the damage sustained;

2. Where the damage is between 20,000,000 kip and 50,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from two years to four years and shall be fined one percent (1%) of the value of the damage sustained;
3. Where the damage is between 50,000,000 kip and 100,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from four years to six years and shall be fined one percent (1%) of the value of the damage sustained;
4. Where the damage is between 100,000,000 kip and 300,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from six years to eight years and shall be fined one percent (1%) of the value of the damage sustained;
5. Where the damage is between 300,000,000 kip and 500,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eight years to ten years and shall be fined one percent (1%) of the value of the damage sustained;
6. Where the damage is between 500,000,000 kip and 600,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from ten years to twelve years and shall be fined one percent (1%) of the value of the damage sustained;
7. Where the damage is between 600,000,000 kip and 700,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from twelve years to fourteen years and shall be fined one percent (1%) of the value of the damage sustained;
8. Where the damage is between 700,000,000 kip and 800,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from fourteen years to sixteen years and shall be fined one percent (1%) of the value of the damage sustained;
9. Where the damage is between 800,000,000 kip and 1,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from sixteen years to eighteen years and shall be fined one percent (1%) of the value of the damage sustained;
10. Where the damage is between 1,000,000,000 kip and 2,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eighteen years to twenty years and shall be fined one percent (1%) of the value of the damage sustained; and
11. Where the damage is more than 2,000,000,000 kip: the offender is to be sentenced to life imprisonment and shall be fined one percent (1%) of the value of the damage sustained.

Article 361      Abuse of Position, Power or Duties to Misappropriate State or Collective Assets

Any official who commits an act of corruption under Article 354 of this Penal Code by abuse of position, power or duties, exceeding the limits permitted by relevant laws and regulations, for personal gain or in the interest of the family or friends of the official and thus causes damage to the State, the collective or to the legitimate rights and interests of citizens, shall be punished in accordance with the following provisions:

1. Where the damage is less than 20,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from one year to two years and shall be fined one percent (1%) of the value of the damage sustained;

2. Where the damage is between 20,000,000 kip and 50,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from two years to four years and shall be fined one percent (1%) of the value of the damage sustained;
3. Where the damage is between 50,000,000 kip and 100,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from four years to six years and shall be fined one percent (1%) of the value of the damage sustained;
4. Where the damage is between 100,000,000 kip and 300,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from six years to eight years and shall be fined one percent (1%) of the value of the damage sustained;
5. Where the damage is between 300,000,000 kip and 500,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eight years to ten years and shall be fined one percent (1%) of the value of the damage sustained;
6. Where the damage is between 500,000,000 kip and 600,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from ten years to twelve years and shall be fined one percent (1%) of the value of the damage sustained;
7. Where the damage is between 600,000,000 kip and 700,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from twelve years to fourteen years and shall be fined one percent (1%) of the value of the damage sustained;
8. Where the damage is between 700,000,000 kip and 800,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from fourteen years to sixteen years and shall be fined one percent (1%) of the value of the damage sustained;
9. Where the damage is between 800,000,000 kip and 1,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from sixteen years to eighteen years and shall be fined one percent (1%) of the value of the damage sustained;
10. Where the damage is between 1,000,000,000 kip and 2,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eighteen years to twenty years and shall be fined one percent (1%) of the value of the damage sustained; and
11. Where the damage is more than 2,000,000,000 kip: the offender is to be sentenced to life imprisonment and shall be fined one percent (1%) of the value of the damage sustained.

Article 362  Cheating and Falsifying Construction Specification Standards

Any official who commits an act of corruption under Article 354 of this Penal Code by cheating and falsifying construction specification standards by cheating and falsifying surveys, designs, calculations between the project owner and the sub-contractor and other parties involved in an activity such as construction, reparation decoration, installation and other activities for personal gains and causes damage to the interests of the State, the collective or to the legitimate rights and interests of citizens ranging from 5,000,000 kip to 50,000,000 kip, shall be sentenced to imprisonment for a term ranging from one year to four years and shall be fined one percent (1%) of the value of the damage sustained.

Where corruption of this form is committed on a regular basis or causes damage of between 50,000,000 kip and 700,000,000 kip, the offender shall be sentenced to imprisonment for a term ranging from four years to fourteen years and shall be fined one percent (1%) of the value of the damage sustained.

Where corruption of this form is committed on a regular basis or as part of an organized group and causes damage of between 700,000,000 kip and 2,000,000,000 kip, the offender shall be sentenced to imprisonment for a term ranging from fourteen years to twenty years and shall be fined one percent (1%) of the value of the damage sustained.

Where corruption of this form causes damage of more than 2,000,000,000 kip, the offender shall be sentenced to life imprisonment and shall be fined one percent (1%) of the value of the damage sustained.

Article 363  Cheating on Bids or Concessions

Any official who commits an act of corruption under Article 354 of this Penal Code by cheating on a bid or concession through conclusion of agreements between a government official and a sub-contractor and other parties to create conditions for the project to win the bid or concession of a state project, in order to gain a personal benefit and results in damage to the interests of the State, society or the legitimate rights and interests of citizens of between 5,000,000 kip and 50,000,000 kip, shall be sentenced to imprisonment for a term ranging from one year to four years and shall be fined one percent (1%) of the value of the damage sustained.

Where corruption of this form is committed on a regular basis or causes damage of between 50,000,000 kip and 700,000,000 kip, the offender shall be sentenced to imprisonment for a term ranging from four years to fourteen years and shall be fined one percent (1%) of the value of the damage sustained.

Where corruption of this form is committed on a regular basis or as part of an organized group and causes damage of between 700,000,000 kip and 2,000,000,000 kip, the offender shall be sentenced to imprisonment for a term ranging from fourteen years to twenty years and shall be fined one percent (1%) of the value of the damage sustained.

Where corruption of this form causes damage of more than 2,000,000,000 kip, the offender shall be sentenced to life imprisonment and shall be fined one percent (1%) of the value of the damage sustained.

Article 364  Falsifying documents or Using Falsified Documents

Any official who commits an act of corruption under Article 354 of this Penal Code by falsifying documents or using falsified documents by use of a falsified signature or stamp or deleting or adding words to the content of a document or knowingly using falsified documents in order to gain personal benefits, which causes damage to the interests of the State, society or the legitimate rights and interests of citizens shall be punished in accordance with the following provisions:

1. Where the damage is less than 20,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from one year to two years and shall be fined one percent (1%) percent of the value of the damage sustained;
2. Where the damage is between 20,000,000 kip and 50,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from two years to four years and shall be fined one percent (1%) of the value of the damage sustained;
3. Where the damage is between 50,000,000 kip and 100,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from four years to six years and shall be fined one percent (1%) of the value of the damage sustained;
4. Where the damage is between 100,000,000 kip and 300,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from six years to eight years and shall be fined one percent (1%) of the value of the damage sustained;
5. Where the damage is between 300,000,000 kip and 500,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eight years to ten years and shall be fined one percent (1%) of the value of the damage sustained;
6. Where the damage is between 500,000,000 kip and 600,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from ten years to twelve years and shall be fined one percent (1%) of the value of the damage sustained;
7. Where the damage is between 600,000,000 kip and 700,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from twelve years to fourteen years and shall be fined one percent (1%) of the value of the damage sustained;
8. Where the damage is between 700,000,000 kip and 800,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from fourteen years to sixteen years and shall be fined one percent (1%) of the value of the damage sustained;
9. Where the damage is between 800,000,000 kip and 1,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from sixteen years to eighteen years and shall be fined one percent (1%) of the value of the damage sustained;
10. Where the damage is between 1,000,000,000 kip and 2,000,000,000 kip: the offender is to be sentenced to imprisonment for a term ranging from eighteen years to twenty years and shall be fined one percent (1%) of the value of the damage sustained; and
11. Where the damage is more than 2,000,000,000 kip: the offender is to be sentenced to life imprisonment and shall be fined one percent (1%) of the value of the damage sustained.

Where corruption of this form is committed on a regular basis, the offender shall be sentenced to deprivation of liberty and shall be fined more than double the value of the penalties prescribed penalties in the above sub-sections of this Article.

Article 365      Disclosure of Confidential Information for Personal Gains

Any official who commits an act of corruption under Article 354 of this Penal Code by disclosing confidential information or a state or official decision, which the offender is not

authorized by the State to disclose, shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 2,000,000 kip to 10,000,000 kip.

Where corruption of this form is committed on a regular basis or causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging 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 under Article 354 of this Penal Code by holding back or delaying documents or delaying the processing time of official documents and by abuse of his/her position, power and duties causes damage to the interests of the State, society or the legitimate rights and interests of citizens, shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Where corruption of this form is committed on a regular basis or causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Chapter 11

Offences in Relation to Official Responsibilities

 

Article 367  Abandonment of Official Duty

Any civil servant intentionally abandoning his/her duty and thereby causing damage to the State or social activities, shall be sentenced to imprisonment for a term ranging from six months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Article 368  Negligence in the Performance of an Official Duty

Any civil servant failing to perform an assigned task, negligently performing an assigned task or lacks responsibility in the performance of such tasks and thereby causes damage to the interests of the State, society or the rights and interests of citizens, shall be sentenced to imprisonment for a term ranging from three months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 369  Giving Bribes to Civil Servants and Intermediaries

Any individual giving bribes or agreeing to give bribes to civil servants shall be sentenced to imprisonment for a term ranging from six months to two years and shall be fined an amount or value equal to that of the bribe.

Where the value of the bribe is substantial, the offender shall be sentenced to imprisonment for a term ranging from three years to five years and fined double the amount or value of the bribe.

Bribe intermediaries shall be sentenced to imprisonment for a term ranging from six months to two years and shall be fined equal to the amount or value of the bribe.

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

The bribed civil servants who reported the bribe and returned any money or assets received to the relevant authorities shall not be considered an offender on the charge of bribery.

Chapter 12

Offences relating to the Breach of Administrative and Judicial Regulations

 

Article 370  Pretending to Be an Officer

Any person pretending to be an officer in order to conduct any activity for a personal benefit and causes damage to the State, security or social order, shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offence causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Article 371  Obstruction of the Performance of an Officer’s Duty

Any person threatening or using force to obstruct officers in the performance of their public or social duties shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offence causes injury to an officer, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging 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 sentenced to imprisonment for a term ranging from five years to twenty years and a fine shall be imposed ranging from 7,000,000 kip to 20,000,000 kip or sentenced to life imprisonment.

Article 372  Denigration of State Officials

Any person using indecent acts or words or false allegations towards state officials to tarnish their reputation and honor or the population’s trust in such officials shall be sentenced to

imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 373  Destruction or Concealment of Documents and Seals

Any person intentionally destroying or concealing official documents or seals thereby causing damage or rendering them unfit for use shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Where such an offence causes substantial damage to important documents, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 3,000,000 kip to 20,000,000 kip.

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

Article 374  Falsifying Documents or Using Falsified Documents

Any person falsifying documents, signatures or seals or deleting or adding words to documents shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Any person knowingly using forged documents shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where the falsification or use of falsified documents causes substantial damage, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 7,000,000 kip to 20,000,000 kip.

Article 375  Ordaining without Authorization

Any person being ordained as a monk, novice or priest without approval from the relevant authorities shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

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

Article 376  Reporting of False Allegations

Any person intentionally reporting false allegations to the authorities to induce court proceedings or arrest shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 377  Refusing to Give Testimony

Any victim, civil litigant or witness who refuses to give testimony to the court or to state officials for a benefit shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Any person agreeing to provide any type of benefit to any of the above-mentioned persons for refusing to give testimony shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 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 make an expert conclusion or opinion or refuses to provide translations to officials or to the court for a benefit, without justification shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Any person agreeing to provide any type of benefit to any of the above-mentioned persons for refusing to make an expert conclusion or opinion or refuses to provide translations, without justification, shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 7,000,000 kip to 15,000,000 kip.

Article 379  False Testimony

Any victim, witness, expert, specialist or translator who intentionally gives false testimony, opinions or translations to officials or to the court for a benefit shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Any person agreeing to provide any type of benefit to [any of] the above-mentioned persons because of his/her false testimony, opinion or translation, shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 7,000,000 kip to 15,000,000 kip.

Article 380  Concealment of Offence

Any person who has knowledge of or who witnessed an offence committed by another person and who fails to report such offence to officers shall be sentenced to imprisonment for a term ranging from three months to two years or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Any person who gains knowledge of an offence committed by another and does not report this to the authorities and also has knowledge that the offender was preparing to commit or has committed a new offence but did not report this information to the authorities shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 7,000,000 kip to 15,000,000 kip.

Article 381  Concealment of an Offender

Any person who did not make any prior agreement or promise with an offender but who provides shelter or assistance to such offender, thereby allowing the offender to evade arrest or trial shall be sentenced to imprisonment for a term ranging from three months to five years or re- education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 382  Assisting an Offender to Evade Arrest or Prosecution

Any person threatening, using force or abusing his/her position or powers to obstruct officers so as to assist the offender in evading arrest or prosecution shall be sentenced to imprisonment for a term ranging from two years to seven years and a fine shall be imposed ranging from 7,000,000 kip to 15,000,000 kip.

Article 383  Destruction of Evidence

Any person intentionally destroying evidence or concealing documents or materials constituting proof of an offence shall sentenced to imprisonment for a term ranging from six months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

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

Article 384  Misappropriation of Evidence

Any person responsible for the preservation of property or material constituting evidence but sells, conceals, mortgages, uses, replaces or loses the evidence or commits any other unlawful act in respect of such evidence shall be sentenced to imprisonment for a term ranging from six months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Where the misappropriated evidence comprises dangerous assets or is valued at a high price, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 10,000,000 kip to 20,000,000 kip.

Article 385  Escape from a Detention Center or Reformatory Center

Any accused person or prisoner escaping from a detention or reformatory center during a trial or whilst serving his/her sentence shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Where such escape from a detention or reformatory center was achieved through the use of force against officials, the offender shall be sentenced to imprisonment for a term ranging from three years to five years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 386  Disorder in Detention Center or Reformatory Center

Any person inciting a breach of the order in a detention or reformatory center shall be sentenced to imprisonment for a term ranging from three months to three years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 387  Physical Violence towards and Torture of Suspects or Prisoners

Any person using physical violence, torture or other acts inconsistent with the laws, against suspects or prisoners during their arrest, prosecution or whilst serving their sentence, shall be sentenced to imprisonment for a term ranging from three months to three years or re-education without deprivation of liberty and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Article 388  Allowing Suspects or Prisoners to Escape

Any person who negligently or unintentionally allows suspects or prisoners, who are under guard or protection or who are being transported, to escape, shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Where the offender intentionally allows suspects or prisoners to escape, such an offender shall be sentenced to imprisonment for a term ranging from three years to seven years and a fine shall be imposed ranging from 7,000,000 kip to 15,000,000 kip.

Article 389  Non-Compliance with a Court’s Decision

Any person who does not comply with a court’s order, final decision judgement or summons shall be sentenced to imprisonment for a term ranging by three months to two years and a shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 390  Issuing a Decision Illegally

Any person who has the competency to decide or issue any document related to an investigation, adjudication, judicial order, final decision, judgment or enforcement of a court’s decision and who has knowledge that those documents are not consistent with the laws and causes damage to the interest of the State, the collective or the legitimate rights and interests of citizens shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offence causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from two years to seven years and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Article 391  Coercing Judicial Personnel to Act against the Law

Any person who abuses his/her position and/or powers to coerce or threaten officials or judicial personnel to act against the laws in investigating, prosecuting, adjudicating and/or enforcing a court’s decision shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such offender causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from two years to seven years and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Article 392  Forcing Person to Give Testimony or Present False Evidence

Any person who, whilst conducting an investigation, prosecution or trial, employs illegal measures in order to force an individual who is being questioned to give false evidence shall be sentenced to imprisonment for a term ranging from six months to three years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such offender causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from two years to seven years and a fine shall be imposed ranging from 7,000,000 kip to 20,000,000 kip.

Article 393  Impeding Case Proceedings

Any person impeding case proceedings conducted by concerned officers shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offence causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from one year to two years and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Article 394  Falsification of Case Dossiers

Any investigator, prosecutor, court clerk, judge, other judicial personnel, advocate, defender, offender or other party involved in the judicial process who cuts, adds, amends, fraudulently exchanges, destroys or damage documents and/or material evidence pertaining to the case, or employs other means to falsify the contents of case dossiers, shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Where such an offence is committed as part of an organized group or causes serious damage, the offender shall be sentenced to imprisonment for a term ranging from three years to ten years and a fine shall be imposed ranging from 7,000,000 kip to 20,000,000 kip.

Article 395  Failing to Enforce a Court Judgment or Decision

Any competent officer who has the authority to enforce a court judgment or decision but intentionally refuses to enforce such judgment or decision and causes serious damage, shall be sentenced to imprisonment for a term ranging from six months to two years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 396  Obstructing the Enforcement of a Court Judgment

Any person who abuses his/her positions or powers or uses force to obstruct the enforcement of a court judgment shall be sentenced to imprisonment for a term ranging from three months to two years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

Where such an offence is committed as part of an organized group or uses force against an officer and causes injuries to the officer, the offender shall be sentenced to imprisonment for a term ranging from two years to five years and a fine shall be imposed ranging from 5,000,000 kip to 15,000,000 kip.

Where the offence involves force and results in serious injuries to the officer or results in their physical disability or death, the offender shall be sentenced to imprisonment for a term ranging from five years to twenty years or to life imprisonment and a fine shall be imposed ranging from 7,000,000 kip to 20,000,000 kip.

Article 397  Assisting Persons Being Held in Detention, Custody, Re-education or Treatment to Commit New Offences or to Escape

Any person who assists persons being held in detention, custody, in a re-education center, a treatment center or who is receiving treatment in a detention center to commit new offences or to escape from custody or from a detention, re-education or treatment center, shall be sentenced to imprisonment for a term ranging from two years to seven years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Where the offence is committed as part of an organized group, causes serious consequences or where the offender abuses his/her positions or powers to commit such an offence and to provide assistance to a person being sentenced for offences against national security or a person being sentenced to the death penalty, then the offender shall be sentenced to imprisonment for a term ranging from five years to twelve years and a fine shall be imposed ranging from 7,000,000 kip 20,000,000 kip.

Chapter 13 Military Offences

Article 398      Evading Conscription

Any person who does not present themselves when notified of conscription or who is selected but fails to serve, shall be subject to re-education, which will include a warning to fulfill

their obligations. If, subsequent to re-education, the person fails to act, the person shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 500,000 kip to 2,000,000 kip.

In times of war, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Article 399 Obstructing, Hiding or Concealing Another to Assist with their Evasion of National Defense Obligations

Any person who obstructs, hides or conceals another so as to assist that individual in evading their national defense obligations, shall be sentenced to imprisonment for a term ranging from three months to one year and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

In times of war, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 3,000,000 kip to 7,000,000 kip.

Article 400  Conscripted Persons who Escape from Service

Any conscripted person who escapes from service prior to the end of the term shall be subject to re-education by the local administration and shall return to service. If they refuse to return, the offender shall be sentenced to imprisonment for a term ranging from six months to two years and a fine shall be imposed ranging from 2,000,000 kip to 5,000,000 kip.

In times of war, the offender shall be sentenced to imprisonment for a term ranging from one year to three years and a fine shall be imposed ranging from 5,000,000 kip to 10,000,000 kip.

Article 401  Offences Committed in Military Camps or Bases

Any person causing disorder in a military camp, base or during military activities shall be sentenced to imprisonment for a term ranging from three months to three years and a fine shall be imposed ranging from 1,000,000 kip to 10,000,000 kip.

Where such an offence causes serious damage to the army, the offender shall be sentenced to imprisonment for a term ranging from one year to five years and a fine shall be imposed ranging from 3,000,000 kip to 15,000,000 kip.

Article 402  Army personnel who Escape from Service

Any army personnel escaping from service in order to evade their duties shall be sentenced to imprisonment for a term ranging from six months to five years and a fine shall be imposed ranging from 1,000,000 kip to 5,000,000 kip.

Where such an offence leads to other offences and thus causes serious damages, the offenders shall be sentenced to imprisonment for a term ranging from seven years to twelve years and a fine shall be imposed ranging from 3,000,000 kip to 10,000,000 kip.

If the offender holds a position of commander and incites or leads other persons to participate in the commission of the offences, the offender shall be sentenced to imprisonment for a term ranging from ten years to twenty years and a fine shall be imposed ranging from 20,000,000 kip to 50,000,000 kip.

Article 403  Disobeying Orders

Any person who disobeys orders from officers or competent supervisors in their direct line of command and incites others to participate in the commission of the offense, through the use of force shall be sentenced to imprisonment for a term ranging from six months to ten years.

Where such an offence causes particularly serious consequences and harm to the army, the offender shall be sentenced to imprisonment for a term ranging from ten years to twenty years.

Article 404  Negligently Issuing Orders

Any person who issues orders dilatorily, negligently, or recklessly, and causes serious consequences shall be sentenced to imprisonment for a term ranging from three months to three years.

Any person who issues orders dilatorily, negligently, or casually and causes particularly serious consequences and harm shall be sentenced to imprisonment for a term ranging from one year to five years.

Where the offence is committed during combat, in battle zones or in other special circumstances and causes very serious consequences and harm, the offender shall be sentenced to imprisonment for a term ranging from five years to twenty years.

Article 405 Obstructing Fellow Combatants from Discharging their Duties and Responsibilities

Any person who obstructs fellow combatants from discharging their duties and responsibilities shall be sentenced to imprisonment for a term ranging from three months to three years of imprisonment or re-education without deprivation of liberty.

Where the offender incites others to participate in the commitment of the offense, through use of force, the offender shall be sentenced to imprisonment for a term ranging from two years to ten years.

Where such an offence causes very serious consequences and harm, the offender shall be sentenced to imprisonment for a term ranging from seven years to fifteen years.

Where the offence is committed during combat, in battle zones or in other special circumstances, causing particularly serious consequences, the offender shall be sentenced to imprisonment for a term ranging from ten years to twenty years.

Article 406  Denigration or Assaulting Commanders or Superiors

Any person who tarnishes the dignity and honor of or assaults commanders or superiors shall be sentenced to imprisonment for a term ranging from three months to three years or re- education without deprivation of liberty.

Where such an offence is committed in a group or results in severe injuries, the offender shall be sentenced to imprisonment for a term ranging from two years to five years.

Where such an offence causes the victim’s invalidity, handicap or death, the offender shall be sentenced to imprisonment for a term ranging from ten years to twenty years.

If, in times of war, such an offence causes the commander’s injuries, invalidity, handicap or death, the offender shall be sentenced to imprisonment for a term ranging from seven years to twenty years or to 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 sentenced to imprisonment for a term ranging from three months to three years or re-education without deprivation of liberty.

Where such an offense causing serious, very serious or particularly serious consequences to the individual’s life or health, the offender shall be sentenced to imprisonment for a term ranging from two years to seven years.

Article 408  Surrendering to the Enemy

Any army personnel surrendering to the enemy shall be sentenced to imprisonment for a term ranging from five years to fifteen years.

If the offender holds the position of commander and delivers military weapons or equipment or discloses military strategies or important military documents to the enemy or incites others to participate in the commission of such an offence, causing particularly serious consequences and harm, then the offender shall be sentenced to imprisonment for a term ranging from ten years to twenty years.

Article 409 Prisoner of War who Passes Information to or Voluntarily Works for the Enemy

Any army personnel who, whilst captured as a prisoner of war, passes information on military secrets to or voluntarily works for the enemy shall be sentenced to imprisonment for a term ranging from one year to seven years.

Article 410  Abandoning Combat Positions during Combat

Any army personnel who abandons their combat position or fails to discharge their duties in combat shall be punished from two years to ten years of imprisonment.

If the offender holds the position of commander and abandons weapons, military strategies or important military documents, causing particularly serious consequences and harm, then the offender shall be sentenced to imprisonment for a term ranging from five years to twenty years.

Article 411  Shirking Duties

Any army personnel who inflicts injuries upon themselves, causes harm to their own health or employs other dishonest tricks in order to evade their duties shall be sentenced to imprisonment for a term ranging from three months to five years or re-education without deprivation of liberty.

If the offender holds the position of commander and incites others to participate in the commission of such an offence, causing particularly serious consequences and harm, then the offender shall be sentenced to imprisonment for a term ranging from five years to twenty years.

Article 412 Intentional Disclosure of Confidential Military Information or Gathering, Trading in or Destroying Confidential Military Documents

Any army personnel who intentionally discloses confidential military information or gathers, trades in or destroys confidential military documents shall be sentenced to imprisonment for a term ranging from six months to five years.

Where such an offence leads to other offences causing serious, very serious or particularly serious consequences, the offender shall be sentenced to imprisonment for a term ranging from three years to ten years.

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

Article 413  Making False Reports

Any army personnel who intentionally makes false reports that causes serious consequences or harm shall be sentenced to imprisonment for a term ranging from six months to three years or re-education without deprivation of liberty.

Where such an offence leads to other offences causing serious, very serious or particularly serious consequences, the offender shall be sentenced to imprisonment for a term ranging from two to seven years.

Article 414   Breaching Regulations on Combat Readiness

Any army personnel failing to strictly observe the regulations on combat readiness, thus causing serious consequences, shall be sentenced to imprisonment for a term ranging from three months to five years or re-education without deprivation of liberty.

Article 415  Breaching Regulations on Guard Duty

Any army personnel failing to strictly observe the regulations on patrol, guard and escort duties, causing serious consequences and harm, shall be sentenced to imprisonment for a term ranging from three months to five years or re-education without deprivation of liberty.

Article 416    Breaching Regulations on the Assurance of Safety in Combat or in Training

Any army personnel failing to strictly observe the regulations on ensuring safety during combat or training, thus causing serious consequences and harm, shall be sentenced to imprisonment for a term ranging from three months to five years or re-education without deprivation of liberty.

Article 417 Breaching Regulations on the Use of Military Weapons and Explosive Materials

Any army personnel breaching regulations on the management and use of military weapons or explosive materials, causing serious consequences and harm, shall be sentenced to imprisonment for a term ranging from six months to five years or re-education without deprivation of liberty.

Article 418 Stealing or Destroying Strategic Military Documents, Military Weapons and/or Explosive Materials

Any army personnel destroying strategic military documents, military weapons and/or explosive materials shall be sentenced to imprisonment for a term ranging from two years to seven years.

Where such an offense is committed during combat or in a battle zone or causes serious consequences, the offender shall be sentenced to imprisonment for a term ranging from five years to ten years.

Article 419 Losing or Unintentionally Damaging Strategic Military Documents, Military Weapons and/or Explosive Materials

Any army personnel who is equipped with or is assigned to manage strategic military strategic, military weapons and/or explosive materials but loses or unintentionally damage them, causing serious consequences and harm, shall be sentenced to imprisonment for a term ranging from six months to five years.

Where such an offence leads to other offences causing serious, very serious or particularly serious consequences, the offender shall be sentenced to imprisonment for a term ranging from three years to seven years.

Article 420  Violating Policies towards the Wounded or the Dead during Combat

Any responsible army personnel who deliberately leaves the war-wounded or dead on the battlefield during combat or leaves war wounded unattended and untreated, thus causing serious consequences and harm, shall be sentenced to imprisonment for a term ranging from three months to three years or re-education without deprivation of liberty.

Where such an offence leads to other offences causing serious, very serious or particularly serious consequences, the offenders shall be sentenced to imprisonment for a term ranging from two years to seven years.

Article 421  Appropriating or Destroying War Objects

Any army personnel who, during combat or the clearing of battlefields, appropriates or destroys war objects shall be sentenced to imprisonment for a term ranging from six months to five years or re-education without deprivation of liberty.

If an offender holds the position of commander and has war legacy objects of particularly great value in their possession and those items endure particularly serious consequences and harm, then the offender shall be sentenced to imprisonment for a term ranging from three years to eight years.

Article 422  Mistreatment of Prisoners of War or Enemy Deserters

Any person who mistreats prisoners of war or enemy deserters shall be sentenced to imprisonment for a term ranging from three months to two years or re-education without deprivation of liberty.

Article 423  Pretending to be a Military Officer

Any person pretending to be a military officer in order to conduct any activity for personal benefits, causing damage to the dignity, honor or interests of the army, national security or social order, shall be sentenced to imprisonment for a term ranging from three months to three years and a fine shall be imposed ranging 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 sentenced to imprisonment for a term ranging from one year to seven years and a fine shall be imposed ranging from 5,000,000 kip to 20,000000 kip.

Part III

Final Provisions

 

Article 424      Implementation

The Government of the Lao PDR, the People’s Supreme Court, the Office of the Supreme

People’s Prosecutor and other relevant authorities are to implement this Penal Code.

Article 425  Entry into Force

This Penal Code shall come into force from the date the President of the Lao PDR 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 Law No. 12/NA, dated the 9^th of November 2005.

The following provisions contained within other laws determining criminal offences and penalties which are codified in this Penal Code, shall be no longer valid from the date this Penal Code is effective:

13. Article 124 of the Law on Insurance 06/NA, dated the 21^st of December 2011;
14. Article 59 of the Law on Telecommunication 060/NA, dated the 16^th of January 2012;
15. Articles 59, 60 and 61 of the Anti-Corruption Law No. 27/NA, dated the 18^th of December 2012;
16. Articles 86 and 87 of the Law on Commercial Banks 03/NA, dated the 26^th of December 2006;
17. Article 104 of the Law on Standards 13/NA, dated the 26^th of December 2007;
18. Articles 85, 86, 87, 88, 89 and 90 of the Law on Protection of Rights and Interests of Children No. 05/NA, dated the 27^th of December 2007;
19. Article 127 of the Law on Forestry 06/NA, dated the 24^th of December 2007;
20. Article 71 (Final Paragraph) of the Law on Aquatic and Wildlife 07/NA, dated the 24^th of December 2007;
21. Article 162 of the Law on Intellectual Property 01/NA, dated the 20^th of December 2011;
22. Article 69 of the Law on Anti-HIV/Aids 01/NA, dated the 29^th of June 2010;
23. Article 75 of the Law on Narcotics 10/NA, dated the 25^th of December 2007;
24. Articles 2, 3 and 4 of the Law on the Amendment of Article 146 of the Penal Law and Articles 75 and 76 of the Law on Narcotics No. 22/NA, dated the 21^st of December 2010;
25. Articles 170 of the Law on Stock Exchange 21/NA, dated the 10^th of December 2012;
26. Articles 66, 67, 68, 69 and 70 of the Law on Anti Money Laundering and Financing of Terrorism No. 50/NA, dated the 21^st of July 2014;
27. Article 68 of the Law on Fishery 03/NA, dated the 9^th of July 2009;
28. Article 49 of the Law on Development and Protection of Women 08/NA, dated the 22^nd of October 2004;
29. Article 52 of the Law on Management of Foreign Currency No. 55/NA, dated the 22^nd of December 2014;
30. Article 79 (1), (2), (3) and (4) of the Law on the Prevention of the Use of Violence against Woman and Child No. 56/NA, dated the 23^rd of December 2014;
31. Article 62 of the Law on the Prevention of Cyber Crimes 61/NA, dated the 15^th of July 2015;
32. Article 89 of the Law on Anti Human Trafficking No. 73/NA, dated the 17^th of December 2015.

President of the National Assembly

 [Seal and Signature] Pany YATHOTOU