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: • • • • 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

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