Crıminalization and Decriminalization: A Study from a 20-Year practice in Vietnam (1999-2019)

Abstract

In Vietnam, criminalization and decriminalization play a profound role in legislation that manifest criminal justice policy. These processes determine the boundary between being a crime or not that can severely affect human rights. As a result, under the rule of law, Vietnam jurists must study these legislative processes carefully. By this paper, from the perspective of a 20-year practice of criminal law legislation in Vietnam, we would like to clarify the concept, nature of criminalization, and decriminalization. After that, point out the scientific basis to conduct these parliamentary actions, then deliver some discussion about the suppression of criminal law, criminal elements, and classification in the process of criminalization.