Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
The subjective component of an offence [refers to] the characteristics
of the attitude and state of mind of the offender regarding his act of offence, as
expressed externally through the behaviour that constitutes the offence.
The actor’s component of an offence refers to the fact that in order to
be liable, the offender must be mentally competent, must not be insane, and
must have reached the age of majority, that is, at least 15 years of age 7 .
Article 8. (New) Categories of Offences
Offences are divided into three categories:
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Article 9.
“Minor offences” 8 are offences punished under the law by public
criticism or fine;
“Major offences” 9 are offences punished under the law by reeducation without deprivation of liberty, and imprisonment from
three months to ten years, and fines; [and]
“Crimes” 10 are offences punished under the law by imprisonment
from five years up to the death penalty.
Intentional Offences
Intentional offences are voluntary acts or abstentions of the offender,
which are undertaken with full knowledge of their dangerous nature for
society and their consequences. 11
Article 10.
Negligent Offences
Negligent offences are acts or abstentions of the offender undertaken
carelessly with full knowledge that such acts or abstentions might be
dangerous for society, and where the consequence is expected and possible to
anticipate, although the offender [himself] does not believe or expect that such
consequence would take place. 12
7
The translators are aware that the specific age referred to in this article (15 years) is different
from the age of majority specified in other laws.
8
The quotation marks have been added and are not in the original text.
9
The quotation marks have been added and are not in the original text.
10
The quotation marks have been added and are not in the original text.
11
For readability, the structure of this sentence has been modified. There are two principal
requirements under this article – voluntariness and knowledge of consequences.
12
For readability, the structure of this sentence has been modified.
4