About the regulation of the 2015 Penal Code regarding the provisions of “Having been disciplined for the same offence”, “Having been incurred an administrative violation for the same offence”

Abstract

By inheriting the provisions of the 1999 Penal Code, the 2015 one (amended and supplemented in 2017) provides the provisions of “having been disciplined for the same offence”, “having been incurred an administrative violation for the same offence” as a sign for determination of a crime in many crimes. Though it improves the effectiveness of crime prevention, it still remains a number of limitations. Within the scope of the article, the author analyzes the inadequacies of this provision, then proposes some recommendations to complete the provisions of the 2015 Penal Code and law on handling of administrative violations.