Research on adding 'failure to comply with military service medical examination order' to the Criminal Code

The Ministry of National Defense said it will direct agencies to research and propose amendments and supplements to the 2015 Penal Code on the act of 'failing to comply with the call for military service medical examination'.

The National Assembly's Committee for Petitions and Supervision has forwarded to the Ministry of National Defense the petition of voters of Hung Yen province and Hanoi city regarding the addition of "not complying with the order to undergo a medical examination for military service" to the Penal Code.

Voters propose adding the act of "not complying with the order to undergo a medical examination for military service" to the Penal Code

PHOTO: NHAT THINH

Accordingly, Hung Yen voters proposed that the Ministry of National Defense study and submit to the National Assembly to add the phrases "not complying with the order to undergo a medical examination for military service" and "one of" to Clause 1, Article 332 of the Penal Code.

"Anyone who fails to comply with the provisions of law on military service registration, fails to comply with the order to undergo a medical examination for military service, fails to comply with the order to enlist in the army, the order to gather for training, has been administratively sanctioned for one of these acts or has been convicted of this crime, has not had his criminal record cleared and continues to violate, shall be subject to non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years," the content of Clause 1, Article 332 of the Penal Code after adding the phrase proposed by voters.

Meanwhile, Hanoi voters said that there are contradictions and inconsistencies between the provisions of Article 332 of the 2015 Penal Code and Article 8 of the 2015 Law on Military Service.

The Penal Code does not stipulate that the act of "failing to comply with the order to undergo a medical examination for military service" is a crime, while the Law on Military Service does mention it, so those who do not undergo a medical examination will not be eligible for military service, causing difficulties in the investigation of responsibility, affecting the strictness of the law. It is recommended that the Ministry of National Defense study and submit to the National Assembly to add the act of "failing to comply with the medical examination for military service" to Article 332 of the Penal Code 2015.

Responding to voters' opinions, the Ministry of National Defense said that Article 332 of the 2015 Penal Code on the crime of evading military service contributes significantly to creating a legal corridor in preventing and handling violations of military service, gradually ensuring the strictness of the law and social justice.

However, Clause 1, Article 332 of this Code does not stipulate the act of "failing to comply with the order to undergo a medical examination for military service", which is inconsistent with the provisions of Clause 8, Article 3 of the 2015 Law on Military Service.

"Health examination is a transitional step between military service registration and military enlistment. Health standards are one of the four indispensable standards for military enlistment. If you do not undergo military service health examination, you cannot enlist. At the same time, the term "having been administratively punished for this act" has different views when applied, causing certain difficulties and problems in investigating responsibility," the Ministry of National Defense analyzed.

The Ministry of National Defense affirmed that it will direct agencies and units to research and propose amendments and supplements to the provisions in Clause 1, Article 332 of the 2015 Penal Code, to be consistent with the act of evading military service in Clause 8, Article 3 of the 2015 Law on Military Service, ensuring sufficient basis for prosecution, demonstrating the strictness and deterrence of the law against the crime of evading military service.

Source: https://thanhnien.vn/nghien-cuu-bo-sung-khong-chap-hanh-lenh-goi-kham-suc-khoe-nghia-vu-quan-su-vao-bo-luat-hinh-su-185250702091407935.htm