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North Korea reportedly revises criminal codes
December 13, 2004
Though North Korea is generally regarded as a dictatorial state, the country
does have a long-standing criminal code, and now Pyeongyang is undertaking a
number legal reforms to adapt laws to be more market friendly.
According to the National Intelligence Service of South Korea, the North
revised its criminal code last spring in an effort to extend rights to private
property. North Korea also adopted new clauses protecting intellectual
property, copyrights and trademarks, reflecting an intention to attract foreign
investment.
"Until now, orders from North Korean leader Kim Jong-il and other leadership
members were the law in the North," an intelligence official said. "But with
these revised codes, law enforcement authorities are able to punish its
citizens on reinforced legal grounds."
The new criminal codes alter the punishment handed out for espionage,
anti-state terrorism and treason. The revisions indicate that those convicted
of plotting to overthrow the government face the most extreme penalties, though
the death sentence is not mentioned. In contrast, anti-state propaganda
activities will be treated more leniently. The revised codes also break down
the espionage charges into various categories and differentiate punishments
depending on the crime.
"It is promising that the North has reshaped its criminal codes," Jhe Seong-ho,
professor of law at Chung-Ang University, said. "But it is questionable if all
these changes will actually have any effect on the lives of North Korean
citizens."
Under the revised criminal codes, milder punishments will be handed out to
people caught crossing the border illegally, presumably North Koreans fleeing
the country for economic reasons. Before the revision, North Korea imposed a
maximum of three years' forced labor on those who tried to cross the border
without permission, but the revision trims a year off the sentence. Defectors
fleeing to a third country face more than five years of forced labor,
suggesting that those who attempt to go to the South will face stiffer
punishment.
The North also adopted new clauses to punish prostitution and trade of sexually
explicit materials. North Korea revised its criminal codes in August 1999,
which at the time included eight articles and 161 clauses. This year's revision
expanded the codes into nine articles with 303 clauses.
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