Accueil Discipline (Droit) Revue Numéro Article

Revue internationale de droit pénal

2003/1-2 (Vol. 74)

  • Pages : 658
  • ISBN : 2-7492-0064-4
  • DOI : 10.3917/ridp.741.0499
  • Éditeur : ERES


Article précédent Pages 499 - 503 Article suivant

I. Introduction

1

After 1975 the legal system was brought under the communism regime and Laos became a country with no constitution and very little other legislation.

2

Since 1986 there have however been effort to build a modern legal system which is adjusted to the need of Market Economy. In order to have foreign trade and to cooperate with other countries and also for them to have confidence in the judicial system. Therefore, Laos has taken on a plan to develop the legal system.

3

The Government of Laos is now actively promoting development of the country, at the same time the Government need to reform and adopt new law to deal with crimes.

4

The Government has stated more than 40 laws to cope with crimes such as Constitution, Criminal Procedure Law, Penal Law, Prosecutor Law, Court Law, Degree of Corruption, Foreign Investment Law, etc.

5

In Laos, the local situation is stable but there are still many cases, such as theft, swindling, embezzlement, and transgression of the state tax regulation etc., which is a corruption problem that the Government of the Lao PDR is paying important attention to.

II. Situation of Corruption in the Lao PDR

6

A. Together with the spreading of socio-economic and culture, the corruption is one of the big problems that appears in the Government Management. This problem increases very quickly in the group of Government staff.

In the inspection process of corruption in the Lao PDR is based on the following laws and degree :

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1. Some articles of criminal law concerning the corruption are consisting article 98 to 101 and 141 to 146.

2. The Government Degree of establishment and implementation of supervision State Organisation number 98/PM, dated 30/5/2001 and the Prime Minister’s Degree on anticorruption number 193/PM, dated 2/4/1999, composed of main 20 articles. Articles 6-12 define the methods and the responsibility for anticorruption framework; articles 13-18 specify procedures and measures for solving the corruption practices that state as follow :

Article 1 : The supervision state organisation is an equal ministry. It is under the Prime Minister Office and under the leading of Prime Minister for supervision the implementation of administration body.

8

Article 13 : Procedure and methods for solving corruption

13.1 Upon receiving requests, complaints, appeal, or finding of any corruption practices, the officer or inspection committee residing in such organization shall collaborate with the organization concerned and with mass organization for conducting investigation, collecting evidence by proceeding the investigation interrogation in thorough, and objective manner, avoiding judgement, subjective conclusion, individual concern and personal revenge.

13.2 In the case of act of corruption conducted by high authorities, such organization shall report to higher inspection authority to consider and conduct the proceeding against such person in accordance to the law.

13.3 Upon completion of compiling evidence and if it is found that there are sufficient evidence proving the act of corruption, next step shall be followed by legal process.

9

Article 14 : Rights and duties of the inspection agency In the course of proceeding, the inspection agency has the following rights and duties :

  • Questioning, conducting the investigation/interrogation of suspected person and other involved persons to collect factual evidence.

  • Request and maintain the documents, information relating to the corruption activities.

  • Propose to suspend annual leave, removal and request for leaving work of the person suspecting and appearing with corruption activities.

  • Collaborate with other concerned inspection organization.

  • to the agency having authority to seize, confiscate the assets relating to corruption as temporally.

  • Summarise the result of conducting process and proposing use measures to the suspect of corruption.

  • Reforming other rights and duties specified by law

10

Article 16 : Measures used for solving corruption

In solving corruption problem in Lao PDR, disciplinary measures, criminal sanction and civil responsibility, based on grade, strength of corrupted activities, shall be imposed.

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B. The Office of Public Prosecutor of the Lao PDR is state agency that is playing an important role in monitoring and control any acts reflecting corruption practices within state organisations and also other mass organisations. This authority is clearly defined in the law on the public prosecutor of the Lao PDR.

12

The role of the public prosecutor of the Lao PDR is to monitor and control strict and unity of the implementation of law of the Government agencies, of the business enterprises and society in general, in order to strengthen the rule of law, social order, and protection of equitable right and interest of these entities and right, liberty of the civil servant and Lao citizens.

13

The main duty of the Public Prosecutor’s Office of the Lao PDR include :

  1. Monitoring control for the strict and unity implementation of law by the Government agencies, business enterprises and society and citizens.

  2. Monitoring control the performance of the investigative interrogative agencies.

  3. Monitoring control the proceeding in the court and enforcement of the judgement.

  4. Control the compliance of the law in prison, custody education camp.

  5. Undertaking measure to prevent criminal activities, and other conditions causing the breach of law.

  6. Secure with thorough, detail, objective investigation interrogation in criminal proceeding, and undertake measures in preventing the violation of law in collaboration with other concerned organizations.

  7. Securing that the wrongdoer must be sentenced according to law and assuring that non-committing person from being sentenced.

III. Corruption Control in Criminal Justice System

14

1. The implementation of supervision state organisation in local and central in the year 2001

The supervision in departments, sectors and enterprise unites in central of the committee of supervision state organisation is based on/rely on the orderation of Prime Minister such as Lao Aviation, Lao Electricity, illegal imported vehicles, Finance in National of Lao athletes, the committee of rural development, Lao Authority tourism, Tobacco Factory No. 3 and Financial Sectors in some provinces.

2. In supervising, the state supervision organisation has a coordination with relevant party namely : the interrogation and investigation organisation of Ministry of Security, the supervision committee of Ministry of Finance, the Prosecution Office and others.

3. The People’s Prosecution Office

15

The People’s Prosecution Office has the right to supervise the implementation of Ministries, the interrogation and investigation organisations, law implementation of the courts and the judgement implementation of the courts.

16

The prosecutors have taken part in the supervision committee to supervise the corruption and return a verdict to the court.

17

In the year 2001 and 2002 the Prosecutor Office of Vientiane Municipality received cases from SIP and IO of the Ministry of Interior as below.

 -
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4. The consideration of the courts

In the Lao PDR the consideration of the courts on corruption cases, rely on special part of criminal law, some articles stimulated the area of fine and punishment, as below :

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Article 100 : Swindling of state or collective properties Any individual cheating and swindling in any way to make officials responsible of state or collective properties grant them to him is punishable of six months to three years of imprisonment.

20

In case the offender makes a living out of swindling, works in an organized group or in case of substantial losses, he is punishable of three to seven years of imprisonment.

21

Article 101 : Embezzlement of state or collective properties Any individual using trust placed in him to swindle, subtract or change state or collective properties which are entrusted to his care to keep, transport build, repair or undertake other works, is punishable for six months to three years imprisonment.

22

In case the offender makes a living out of such activities, works in an organized group and in case of substantial losses, he is punishable for three to seven years imprisonment.

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Attempt of such infraction are also punishable

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Article 146 : Corruption

Any official demanding, soliciting, receiving, accepting bribes to use his influence for the interests of the bringing persons, is punishable for one to three years imprisonment.

25

In case of considerable bribe, bribed and bribing persons are punishable for three to five years imprisonment.

26

Intermediaries of such acts of bribery are punishable for six to two years imprisonment.

27

Persons offering bribes under pressure, threats and thereafter volunteering to report to administrative officers are not considered as guilty of bribery.

IV. General measurement of corruption prevention

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To prevent and limit the corruption the Government pays attention as below :

  • To issue the regulations and laws

  • Regular inspect of corruption

  • To improve the living conditions of the Government staff

Notes

[*]

Investigator, the Office of Public Prosecutor.

Plan de l'article

  1. I. Introduction
  2. II. Situation of Corruption in the Lao PDR
  3. In the inspection process of corruption in the Lao PDR is based on the following laws and degree :
  4. III. Corruption Control in Criminal Justice System
  5. 3. The People’s Prosecution Office
  6. IV. General measurement of corruption prevention

Pour citer cet article

Sonesavanh Seng Aphey, « Laos / Laoscorruption control », Revue internationale de droit pénal 1/ 2003 (Vol. 74), p. 499-503
URL : www.cairn.info/revue-internationale-de-droit-penal-2003-1-page-499.htm.
DOI : 10.3917/ridp.741.0499

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