Capital Punishment: Justice or Mercy? Should We Abolish the Death Penalty?

THE HANOI TIMES — In recent National Assembly discussions, a proposal to abolish the death penalty for serious offenses like embezzlement, bribery, drug trafficking, and producing and selling counterfeit medicines sparked intense debate among lawmakers and the public.

While some frame this potential step as a move toward a “more humane and civilized” legal system, others argue that it could weaken the country’s ability to deter widespread, organized, and severely damaging crimes.

The death penalty, they assert, is not an indicator of a society’s advancement. Its application or removal depends on unique legal, societal, and criminal factors.

The death penalty: A complex debate

In Vietnam, public trust in the justice system is still a work in progress. Despite significant legal reforms and enhanced transparency, skepticism remains regarding the handling of large-scale crimes, especially those involving the powerful and wealthy.

Here, the death penalty serves as both punishment and deterrent, signaling that the law applies equally to all. It is a powerful message to those who would consider abusing their status or influence for personal gain.

One controversial aspect of the abolition debate is the idea of prioritizing asset recovery over punishment in corruption cases. The logic here is problematic as it could allow wealthier criminals to essentially buy their way out of execution, sending the message that justice has a price tag.

Take, for example, the case of Truong My Lan, former chairwoman of Van Thinh Phat Group. She and her accomplices caused staggering financial damage, and yet, there are suggestions that returning the stolen money should be enough to spare her life.

Corruption on this scale has far-reaching consequences beyond financial loss. It erodes public trust, undermines the rule of law, and damages the moral fabric of society. Maintaining the death penalty in such instances is about accountability and preserving confidence in the justice system.

Vietnam is unique, and its challenges are distinct from those of countries that have abolished capital punishment, such as the UK, Germany, and the Netherlands. These nations enjoy high legal transparency, low rates of violent and organized crime, and trusted public institutions.

In contrast, Vietnam continues to grapple with drug trafficking rings, fake pharmaceuticals, and corruption scandals that shake the very foundations of society. The death penalty, in this context, is not a relic of barbarism but a necessary tool to reinforce justice when other deterrents may fail.

Drug crimes, for instance, have destroyed countless lives and families. Despite the risks, drug lords continue their trade, driven by immense profits. Well-armed and ruthless, they will not hesitate to attack law enforcement, as evidenced by the tragic death of a police officer in Quang Ninh Province during an anti-narcotics operation in April.

Counterfeit pharmaceuticals pose another insidious threat. These fake drugs betray the trust of patients in the healthcare system and put thousands of lives at risk. The suggestion to eliminate the death penalty for those responsible warrants serious ethical consideration.

However, it is essential to emphasize that capital punishment should be used sparingly and with rigorous oversight. Vietnam, like other nations, could reduce the number of capital crimes and impose life imprisonment under certain conditions. Mercy can be shown to those who repent, but actions causing permanent, widespread harm must still be accounted for.

Each death sentence carries profound implications, impacting not only the offender but also the victims and their families. As Vietnam continues its legal reforms, it must balance the scope of capital punishment with the need for fairness, accountability, and public safety. For now, the death penalty remains a necessary safeguard to uphold justice.

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