Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Chapter 2
Offences and Offenders
Article 6. (New)
Definition of Offence
All acts and abstentions deemed dangerous to the political, economic
or social system of the Lao People's Democratic Republic, to the property of
the State, collectives or individuals, to the lives, health, integrity, rights or
freedom of the people, or to national security or public order as provided in
the Penal Law or in other laws of the Lao People's Democratic Republic that
define criminal penalties shall be considered offences.
All acts or abstentions with all the components of offences but
resulting in damage under 500,000 Kip shall not be considered offences,
except for acts of recidivism or acts performed as a profession.
Article 7. (New)
Components of Offences
The components of an offence [refer to] those objective and subjective
characteristics of behaviour that the Penal Law defines as together constituting
an offence. 4
An offence consists of four components as follows:
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•
•
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Material component 5 ;
Objective component;
Subjective component;
Actor’s component.
The material component of an offence [refers to] the social relationship
that is regulated by the Penal Law, and that is affected by the offence.
The objective component of an offence [refers to] the external
characteristics of the behaviour that has caused, or [is evidence of] an
intention to cause, damage to a social relationship that is regulated by the
Penal Law, including the time, location, vehicle 6 , equipment, circumstances
and means used for committing the offence.
4
Although it only refers to the Penal Law, this provision is not intended to prohibit offences
from being defined in other laws.
5
The translators understand that the idea of “material component” is based on a socialist
concept of materialism and refers to the social importance of the relationships (which may include the
relationship between a person and property) to be regulated.
6
In the Lao language, the same word is used for “instruments”, “vehicles” and “means” in their
conceptual sense (e.g., “words are the vehicles of meaning”) and also to refer to physical, tangible
instruments and vehicles. Generally, the translators have used the more neutral “means” rather than
“vehicles”, which is likely to be understood as tangible, motorised vehicles, unless the context clearly
indicates that vehicles is intended.
3