Sources of criminal law and the issue of extending the source of criminal law in Vietnam

Abstract

On the basis of generalizing the theory on sources of criminal law, the paper analyses the theoretical foundation - the possibility and the practical foundation - the need, the feasibility and the efficacy of extending sources of Vietnamese criminal law by allowing Laws other than the Criminal Code to prescribe specific crimes and punishments, so long as those Laws are consistent with general provisions and drafting techniques of the Criminal Code. Accordingly, apart from the Criminal Code as the centre of the criminal law, there are separate Criminal Laws and auxiliary Criminal Laws which also prescribe crimes and punishments.