Aubaret, Louis Gabriel Galderic, 1825-1894. Annamite code: laws and regulations of the Kingdom of Annam, Vol. 1

Table of Contents

Publication Information

Laws And Regulations Of The Kingdom Of Annam

Book One Preliminaries Of The Code.

Six Kinds Of Theft.

Redemption Of Penalties

Redemption For Injuries Or Homicide Committed Unintentionally. (1)

Redemption For Those Condemned To Irons.

Redemption Of Penalties Applicable To Slanderers In Court.

Table Of The Five Penalties

Explanation Of The Five Kinds Of Penalties

Concerning Torments Beyond The Penalty Of Ordinary Death; And Their Explanation.

Concerning The Cangue And Chains

Concerning The Time Of Mourning

Book Two General Laws

Section I Concerning The Five Kinds Of Penalties

Supplementary Regulations

Section Ii Concerning The Redemption Of Penalties

Supplementary Regulations

Section Iii Concerning The Ten Kinds Of Capital Crimes

Section Iv Concerning The Eight Kinds Of Respite While Awaiting Royal Decision

Section V Method Of Procedure When A Misdemeanor Is Committed By A Person Belonging To The Eight Preceding Classes

Section Vi Privilege Of The Report To The King In Favor Of The Grandparents Or The Father Or Mother Of Persons Who Have The Right To It

Supplementary Regulations

Section Vii Mandarins In Office Who Commit Misdemeanors

Supplementary Regulation

Section Viii Civil Or Military Mandarins Who Commit Public Misdemeanors

Section Ix Civil Or Military Mandarins Who Commit Private Misdemeanors

Supplementary Regulations

Section X Concerning Persons Belonging To The Army

Section Xi Concerning The Commutation Or Diminution Of Penalties

Section Xii Mandarins Who Are No Longer In Service

Supplementary Regulation

Section Xiii Concerning Offenses Committed By Persons Who Were Not Yet Mandarins

Supplementary Regulation

Section Xiv Removal From Office Which Entails The Loss Of Commission And Which Reduces One To His First Station In Life

Supplementary Regulation

Section Xv Family Of Exiled Persons

Supplementary Regulation

Section Xvi Concerning Crimes Which May Not Be Pardoned

Supplementary Regulations

Section Xvii Concerning Guilty Persons Who Have Their Penalty Commuted So As To Make It Possible For Them To Support Their Parents

Supplementary Regulations

Section Xviii Concerning Astronomers Who Are Guilty

Supplementary Regulation

Section Xix Workmen Of The State, Musicians, Legitimate Wives, Women

Supplementary Regulation

Section Xx Those Condemned To Penal Servitude And Exile, Repeated Offenders

Supplementary Regulations

Section Xxi Redemption Of The Guilty, Children, Old Men Or Invalids

Supplementary Regulations

Section Xxii Guilty Persons Who Have Not Reached The Age Limit Or Who Are Not Invalids

Section Xxiii Concerning The Confiscation Of Possessions Or Goods

Supplementary Regulations

Section Xxiv Concerning The Admission Of Offenses

Supplementary Regulations

Section Xxv Offenders Who Have Committed Two Misdemeanors; Judgement Of The More Serious Of The Two

Section Xxvi Concerning Cases Where All The Guilty Succeed In Escaping

Section Xxvii Concerning Mandarins Who Collectively Commit An Offense In Public Affairs

Section Xxviii Error In Public Affairs

Section Xxix Concerning The Principal Offender And His Accomplices

Supplementary Regulation

Section Xxx Guilty Persons Whose Offense Is Known And Of Whom One Succeeds In Escaping

Supplementary Regulations

Persons Condemned To Decapitation Who, Being Defaulters, Are Later Recaptured And Should Be Executed At Once

Persons Condemned To Strangulation Who, Being Defaulters Should Be Executed At Once As Soon As They Are Recaptured

Section Xxxi Relatives Who Mutually Conceal Their Offenses

Section Xxxii Concerning Deserters

Section Xxxiii Concerning Foreign Offenders

Section Xxxiv Concerning Laws Which Appear Contradictor

Section Xxxv Concerning The Increase Or Decrease Of Penalties

Supplementary Regulation

Section Xxxvi Concerning Things Which Belong To The King

Section Xxxvii Concerning Relatives To The Second Degree And Grandparents

Section Xxxviii Concerning The Proper Manner Of Interpreting Misdemeanors Committed In Common

Supplementary Regulation

Section Xxxix Concerning The Responsibility Of The Mandarin-in-chief (1)

Section Xl Concerning The Division Of Time

Section Xli Concerning The Tao-sse And The Nu-quan

Section Xlii Concerning The Execution Of New Laws

Section Xliii Concerning The Judgement To Deliver In Cases Which Are Not Completely Determined By The Code

Supplementary Regulation

Section Xliv Concerning Places Of Exile And Of Penal Servitude

Section Xlv Concerning The Place Of Banishment

Supplementary Regulation

Book Three Criminal Laws

Part One Concerning Rebels And Thieves

Section I Concerning Revolt Against The Authority Of The King And The Crime Of High Treason

Supplementary Regulation

Section Ii Concerning Rebellion

Supplementary Regulations

Section Iii Concerning Sorcery And Magic

Supplementary Regulation

Section Iv Concerning The Theft Of Sacred Things From The Royal Pagodas

Section V Concerning The Theft Of Royal Edicts

Section Vi Concerning The Theft Of Official Seals

Section Vii Concerning Theft From The Royal Warehouses

Supplementary Regulation

Section Viii Concerning The Theft Of The Keys Of A Citadel

Section Ix Concerning The Theft Of Arms

Supplementary Regulation

Section X Concerning The Theft Of Trees From The Cemeteries

Supplementary Regulations

Section Xi Concerning Theft Of Money From The Granaries Or Warehouses By Employees Intrusted With Their Keeping

Supplementary Regulations

Section Xii Concerning Theft From The Imperial Granaries Or Warehouses By Ordinary Persons

Supplementary Regulation

Section Xiii Concerning Armed Robbery

Supplementary Regulations

Section Xiv Concerning The For Cible Releasing Of Prisoners

Supplementary Regulation

Concerning Theft With Compulsion And Without Arms Committed By Daylight

Supplementary Regulations

Section Xvi Concerning Theft In General

Supplementary Regulations

Section Xvii Concerning The Theft Of Horses, Oxen, Buffalos, Etc.

Supplementary Regulations

Section Xviii Concerning The Theft Of Grain From Uninhabited Fields

Supplementary Regulations

Section Xix Concerning Theft Between Relatives

Supplementary Regulations

Section Xx Concerning Theft With Threats

Supplementary Regulations

Section Xxi Concerning Fraud And Wilful Misr Epr Esentation

Section Xxii Concerning Trickery Used To Kidnap And Sell Slaves

Supplementary Regulation

Section Xxiii Violation Of Tombs

Supplementary Regulations

Section Xxiv Concerning Entrance At Night And Without Cause Into The House Of Another

Supplementary Regulations

Section Xxv Concerning Receivers Of Stolen Goods ( Receleurs )

Supplementary Regulations

Section Xxvi Concerning Conspiracy Among Thieves

Section Xxvii Concerning What Constitutes Open Robbery ( Vol À Force Ouverte ) And Furtive Theft ( Vol Furtif )

Section Xxviii Concerning Culprits Already Branded ( Marqués ) Who Cause Their Brand To Disappear

Supplementary Regulations

Book Three Criminal Laws

Part Two Concerning Homicide; Injuries And Quarrels

Section I Concerning Premeditated Homicide

Supplementary Regulations

Section Ii Concerning The Premeditated Assassination Of A Royal Envoy; Or Of A Mandarin Of The Place, Or Of A High Mandarin

Section Iii Premeditation Of The Murder Of One's Paternal Ancestors Or Else One's Father Or Mother

Supplementary Regulations

Section Iv Concerning Homicide Committed Against An Adulter Ous Person

Supplementary Regulations

Section V Concerning Homicide With Malice Aforethought Committed By A Remarried Widow Against The Person Of The Father Or Mother Of Her First Husband

Section Vi Homicide Of Three Persons In The Same Household

Supplementary Regulations

Section Vii Concerning Mutilation, Or The Tearing Out Of An Eye, An Ear, Etc., Practiced With The Object Of Performing Witchcraft

Supplementary Regulation

Section Viii Concerning The Preparation Of Poisons In General; Or Else By Means Of Venomous Animals, And With The Aim Of Causing Death

Supplementary Regulations

Section Ix Concerning Quarrels And Homicide For Any Motive Whatever

Supplementary Regulations

Section X Concerning Those Who Deprive A Person Of Clothing Or Nourishment

Section Xi Concerning Injuries And Death Occasioned In Sport, Or By Mistake, Or Through Carelessness

Supplementary Regulations

Section Xii Concerning The Murder Of A Guilty Wife Or Concubine Committed By The Husband

Supplementary Regulations

Section Xiii Concerning The Murder Of A Son, Or Of A Grandson, Or Of A Slave, Falsely Attributed To Another

Supplementary Regulations

Section Xiv Concerning Injuries Occasioned By Shooting With A Bow

Supplementary Regulation

Section Xv Concerning Injuries Or Death Caused By Carriages Or Horses

Supplementary Regulation

Section Xvi Concerning Injuries And Death Caused By A Doctor

Supplementary Regulation

Section Xvii Concerning Injuries Or Death Occasioned By Traps Set In The Ground And The Existence Of Which Is Not Known

Section Xviii Concerning Those Who, By Their Incessant Vexations, Are The Cause Of A Suicide

Supplementary Regulations

Section Xix Concerning Persons Who, Having Committed A Homicide, Make A Secret Agreement With The Plaintiffs Not To Bring Action In Court

Supplementary Regulation

Section Xx Concerning Those Who, Knowing The Evil Intentions Of Their Comrade Or Associate, Make No Statement About It

Section Xxi Concerning Quarrels And Disputes

Supplementary Regulation

Section Xxii Concerning Time Limits Assigned For Recovery From Injuries

Supplementary Regulations

Section Xxiii Concerning Quarrels Within The Enclosure Of The King's Dwelling

Supplementary Regulation

Section Xxiv Concerning Quarrels With, Or Insults To, Those Related By Marriage To The Royal Family

Supplementary Regulations

Section Xxv Concerning Lesser Mandarins Who Dispute Or Quarrel With Their Superiors

Supplementary Regulations

Section Xxvi Concerning High Mandarins Placed Close To The Governor Of The Province And Heads Of Administration Of The Province Who Strike Or Injure The Aforesaid Governor

Section Xxvii Concerning Disputes And Quarrels Between The High Mandarins Placed Close To The Governor And The Heads Of Administration Of The Province

Section Xxviii Concerning Mandarins Of The Ninth To The Sixth Rank Who Insult And Strike Hi Gh Mandarins (first, Second And Third Rank)

Section Xxix Concerning Injuries Inflicted On Collectors Of Taxes

Section Xxx Concerning Apprentices And Pupils Who Insult And Strike Their Master

Supplementary Regulation

Section Xxxi Concerning Sequestration /illegal Restraint/ With Violence

Supplementary Regulations

Section Xxxii Concerning Slaves Who Strike Free Persons Or Are Beaten By Them

Supplementary Regulation

Section Xxxiii Concerning Slaves Who Quarrel With Their Masters And Strike Them

Supplementary Regulations

Section Xxxiv Concerning Legitimate Wives And Concubines Who Insult And Strike Their Husband, And Conversely

Supplementary Regulation

Section Xxxv Concerning Quarrels And Blows Between Relatives By Marriage Bearing The Same Name

Section Xxxvi Concerning Younger Relatives Who Strike An Older Relative Of The Third, Fourth And Fifth Degrees Of Relationship, And Conversely

Supplementary Regulations

Section Xxxvii Concerning Younger Relatives Who Strike An Older Relative Of The Second Degree, And Conversely

Supplementary Regulations

Section Xxxviii Concerning Quarrels With A Paternal Grandfather Or Grandmother, Or With A Father Or Mother

Supplementary Regulations

Section Xxxix Concerning Quarrels And Blows Between The Legitimate Wife Or Concubine And The Relatives Of The Husband

Supplementary Regulations

Section Xl Concerning Blows And Injuries Inflicted By The Step-father On The Son Of A Remarried Widow

Section Xli Concerning The Legitimate Wife Or Concubines Who Strike The Father Or Mother Of Their Late Husband

Section Xlii Concerning The Case Where A Grandparent, Or Else A Father Or Mother, Is Struck By Others

Supplementary Regulations

Book Iii — Criminal Laws

Part Three Concerning Insults

Section I Concerning Insults

Section Ii Concerning Insult To A Royal Envoy Or High Mandarin, Or Else To The Mandarin Of The Locality

Supplementary Regulations

Section Iii Concerning Assessors Who Insult The Presiding Mandarin

Section Iv Concerning Slaves Who Insult Their Master

Section V Concerning Insult To An Older Relative

Section Vi Concerning Insult To A Paternal Grandfather Or Grandmother, Or Else To A Father Or Mother

Supplementary Regulation

Section Vii Concerning The Legitimate Wife Or Concubines Who Insult The Husband's Older Relatives

Section Viii Concerning The Wife Or Concubine Who Insults The Father Or Mother Of Her Late Husband

Book Iii Criminal Laws Part Four Concerning Complaints In Court

Section I Concerning Disregard For Hierarchy In Complaints

Supplementary Regulations

Section Ii Concerning Anonymous Complaints

Supplementary Regulations

Section Iii Concerning Mandarins Who, Having Received A Complaint, Do Not Take It Under Consideration

Supplementary Regulation

Section Iv Concerning The Incompetency Of Judges

Section V Concerning False Accusers

Supplementary Regulations

Section Vi Concerning Lack Of Respect In Filial Piety, Caused By Sons, Or Wives, Or Slaves, Or Servants Who Lodge Accusations Against Their Parents, Husbands Or Masters

Supplementary Regulation

Section Vii Concerning Children And Grandchildren Who Are Insubordinate And Recalcitrant To The Training Of Their Parents

Supplementary Regulations

Section Viii Concerning Unfitness To Make Complaints

Supplementary Regulation

Section Ix Concerning Unfounded And Erroneously Established Complaints

Supplementary Regulations

Section X Concerning Cases Which Military Mandarins Should Refer To Civil Courts

Section Xi Mandarins Should Have Their Personal Complaints Lodged By A Person Of Their Household

Part Five Concerning Breach Of Trust

Section I Concerning Breach Of Trust ( Prévarication ) Among Mandarins And Court Clerks

Supplementary Regulations

Section Ii Concerning Embezzlement And Waste

Section Iii Concerning Mandarins Or Court Clerks Who Accept Something Of Value After The Trial Of A Case

Section Iv Concerning Mandarins And Court Clerks Who Give Ear To Propositions Of Bribery

Supplementary Regulation

Section V Concerning Those Who Accompany Their Petitions With A Sum Of Money So That They Be Favorably Heard

Supplementary Regulations

Section Vi Concerning Mandarins Who Demand Of A Private Individual That He Give Or Lend Him Something Of Value

Supplementary Regulations

Section Vii Concerning Relatives Or Servants Of Mandarins Or Court Clerks Who Cause Private Individuals To Give Or To Lend Them Something

Supplementary Regulation

Section Viii Concerning Mandarins And Clerks Who Make Collections Of Money Among The People For A Public Work

Section Ix Concerning Those Who Appropriate To Themselves The Booty Of Thieves

Supplementary Regulation

Part Six Concerning Forgery And Fraud

Section I Concerning The Falsification Of Royal Edicts And Of Official Dispatches

Section Ii Concerning The Communication /legal Or Juristic Sense, “the Production Of Documents”—translator/ Of Forged Edicts Or Of Forged Dispatches

Section Iii Concerning Mandarins Who Make A Fraudulent Reply To The King Or Who Direct Fraudulent Reports To Him

Section Iv Concerning The Making Of A Counterfeit Seal Or Of A Counterfeit Almanac

Supplementary Regulations

Section V Concerning The Makers Of Counterfeit Coins

Supplementary Regulations

Section Vi Concerning Fake Mandarins

Supplementary Regulations

Section Vii Concerning Persons Who Falsely Claim To Be Mandarins Of The Capital

Supplementary Regulation

Section Viii Concerning Intimate Royal Counselors Who Assume False Missions

Section Ix Concerning False Horoscopes

Section X Concerning Mandarins Or Court Employees Who Fake A Sickness, Or Pass Themselves Off As Dead Or Injured, To Avoid A Serious Lawsuit

Supplementary Regulations

Section Xi Concerning Temptation And Inducement To Violation Of The Laws

Part Seven Concerning Adultery

Section I Concerning Adultery In General And Concerning Rape

Supplementary Regulations

Section Ii Concerning Persons Who Fur Ther The Adultery Of Their Wives Or Concubines

Section Iii Concerning Adultery And Fornication Between Relatives Of One Of The Five Degrees Of Relationship

Section Iv Concerning The Calumnious Charge Of Adultery Brought By The Daughter-in-law Against Her Father-in-law

Section V Concerning Hired Servants And Slaves Who Commit Adultery With Their Master's Wife

Supplementary Regulation

Section Vi Concerning Adultery Committed By A Mandarin On A Person Of The Common People

Section Vii Concerning Adultery Committed By Persons In Mourning And Concerning The Misconduct Of Bonzes

Supplementary Regulations

Section Viii Concerning Adultery Committed By Slaves On Free Persons

Section Ix Concerning Mandarins Who Abandon Themselves To Liber Tinage

Supplementary Regulation

Part Eight Various Misdemeanors

Section I Concerning The Destruction Of Tablets Exhibited At The Place Where Court Sentences Are Posted

Supplementary Regulation

Section Ii Concerning The Attentions To Be Given Sick Workmen And Sick Soldiers

Section Iii Concerning Gambling

Section Iv Concerning Eunuchs

Supplementary Regulation

Section V Concerning Illegal Propositions In Public Matters

Supplementary Regulation

Section Vi Concerning Illegal Agreement Secretly Put Into Effect In Public Matters

Section Vii Concerning Unintentional Fires

Supplementary Regulations

Section Viii Concerning Arson

Supplementary Regulations

Section Ix Concerning Actors

Section X Concerning Orders Not Carried Out After The King Has Given His Approval

Section Xi Concerning Forgetfulness Of One's Duties In General

Part Nine Concerning Arrests And Escapes

Section I Concerning Officials Sent In Search Of Culprits

Supplementary Regulations

Section Ii Concerning Accused Who Offer Armed Resistance To Officials Sent To Arrest Them

Supplementary Regulations

Section Iii Concerning Confined Prisoners Who Escape Or Who Form Plans Of Escape

Supplementary Regulations

Section Iv Concerning Those Condemned To Exile Or Irons Who Succeed In Making Their Escape

Supplementary Regulations

Section V Concerning Mandarins Who Delay In Sending Those Condemned To Irons Or Exile To The Place Where Their Penalty Is To Be Suffered

Supplementary Regulation

Section Vi Concerning Overseers Who Aid And Abet The Escape Of A Prisoner, Or Who Are The Cause Of It Through Their Negligence

Supplementary Regulations

Section Vii Concerning Persons Who Conceal Culprits Or Aid And Abet Their Flight Knowingly

Section Viii Concerning The Interval Of Time Granted To Apprehend Malefactors

Supplementary Regulations

Publication Information

Paragraph Subjects (OCM)

Publication Information

Author:

Title: Annamite code: laws and regulations of the Kingdom of Annam, Vol. 1

Published By: Paris: Imprimerie Impériale, 1865. xiv, 394 p.: ill. [HRAF ms.: 294 p.]

By line: [by] Georges Aubaret

HRAF Publication Information: New Haven, Conn.: HRAF, 2000. Computer File

Culture: Vietnamese (AM11)

Subjects: Writing (212); Archives (217); Domesticated animals (231); Tillage (241); Land use (311); Special deposits (317); Renting and leasing (427); Inheritance (428); Personal names (551); Celibacy (589); Family relationships (593); Adoption (597); Territorial hierarchy (631); Chief executive (643); Public works (653); Legal norms (671); Miscellaneous sex behavior (839); Illegitimacy (848); Status and treatment of the aged (888);

Abstract: This is Volume 1 of the two volume work. Volume 2 follows this one. The Annamese Code was promulgated by Emperor Gia Long in 1812. It was translated into the French by Frigate Captain Georges Aubaret. The Code, which is the basic source of recent Annamese law, differs from our Anglo-Saxon common law in its delineation of all eventualities which may arise leaving the judge absolutly no discretion in his decision making and thus preventing the rise of a body of jurisprudence. From the Code it would seem that the main aim of Annamese society was to retain the status quo rather than to provide for any change. More specifically, one can see clearly in the Code the importance of various aspects of Annamese life.

Document Number: 93

Document ID: am11-093

Document Type: Monograph

Language: English translation from French

Note: Translation of: [Code annamite : lois et règlements du Royaume d'Annam, Vol. 1]. Translated from the French for Human Relations Area Files by George P. Howard. A glossary of native terms has been prepared and can be found in category 104.

Field Date: No date

Evaluation: Government Official-5

Analyst: Jean Mensch ; F. K. Lehman ; 1952, 1955; Teferi A. Adem ; 2006

Coverage Date: 1812

Coverage Place: central Vietnam

LCSH: Vietnamese

Cite

Copy and paste a formatted citation or use one of the links below to export the citation to your chosen bibliographic manager.

Export a Citation