Decree No. 47/2013/ND-CP dated May 13, 2013 of the Government amending and supplementing some Articles of the Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on execution by lethal injection

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Decree No. 47/2013/ND-CP dated May 13, 2013 of the Government amending and supplementing some Articles of the Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on execution by lethal injection
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Official number:47/2013/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:13/05/2013Effect status:
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Fields:Criminal

SUMMARY

03 TYPES OF LETHAL INJECTION FOR DEATH PENALTY EXECUTION

On May 13, 2013, the Government issues the Decree No. 47/2013/ND-CP of the Government amending and supplementing some Articles of the Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on execution by lethal injection.

Accordingly, the injections for death penalty execution include injections causing loss of consciousness; injections inducing paralysis of musculoskeletal system; injections causing operation stop of heart.

The Government also regulates clearly in inserting a needle already connected with an intravenous line into the identified vein by injecting the drugs to cause loss of consciousness. After injecting, the executioner must check if the condemned person is unconscious or not. If not, he/she shall continue the anesthetic injection till the condemned person gets unconscious.

Besides, the Government also requires the Ministry of Health to ensure source supplying drugs for execution of the death penalty under annual plans; guide the preservation and use of the drugs for execution of the death penalty; assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of National Defense in issuing list and dose of drugs for execution of the death penalty.

This Decree takes effect on June 27, 2013.
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THE GOVERNMENT

Decree No.  47/2013/ND-CP dated May 13, 2013 of the Government amending and supplementing some Articles of the Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on execution by lethal injection

Pursuant to the Law on Government organization dated December 25, 2001; 

Pursuant to the Law on Execution of Criminal Judgments, of June 17, 2010;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree amending and supplementing some Articles of the Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on execution by lethal injection,

Article 1. To amend and supplement some articles of the Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on execution by lethal injection:

1. To amend and supplement Article 6 as follows:

"Article 6.Drugs for death penalty execution

1. The injections for death penalty execution include:

a. Injections causing loss of consciousness;

b. Injections inducing paralysis of musculoskeletal system;

c. Injections causing operation stop of heart.

2. A dose consists of the three drugs specified in Clause 1 of this Article and used for one person.

3. The drugs shall be delivered with written records; sealed and strictly managed under law.”

2. To amend and supplement point c, clause 4 Article 8 as follows:

“c. Inserting a needle already connected with an intravenous line into the identified vein according to the following order:

- Step 1: Injecting the drugs to cause loss of consciousness.

After injecting, the executioner must check if the condemned person is unconscious or not. If not, he/she shall continue the anesthetic injection till the condemned person gets unconscious.

- Step 1: Injecting the drugs to induce paralysis of musculoskeletal system

- c. Injecting the drugs to cause operation stop of heart.”

3. To amend and supplement clause 1, Article 19 as follows:

“1. To ensure source supplying drugs for execution of the death penalty under annual plans of the Ministry of Public Security and the Ministry of National Defense; guide the preservation and use of the drugs for execution of the death penalty; assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of National Defense in issuing list and dose of drugs for execution of the death penalty.”

Article 2. Implementation provisions

1. This Decree takes effect on June 27, 2013.

2. The Minister of Public Security, Minister of National Defense, and Minister of Health shall, within their assigned functions, tasks and powers, organize implementation and guide, inspect implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.

For the Government

The Prime Minister

Nguyen Tan Dung

 

 

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