Penalties for Commercial Legal Entities Committing Crimes: International Experience and Lessons for Vietnam

Abstract

Commercial legal entities are new subjects of crime, first stipulated in the 2015 Criminal Code, amended and supplemented in 2017. Along with individuals, crimes committed by commercial legal entities are increasingly common and have unpredictable consequences. Regulations on penalties for commercial legal entities are still limited. The research question posed is "How to apply penalties to commercial legal entities most effectively while ensuring compliance with the law and maintaining the existence and development of the commercial legal entity". Therefore, this research studies the issues of which penalties are appropriate and effective, clarifies the grounds for reducing and exempting penalties for commercial legal entities, clarifies theoretical and practical issues, makes comparisons and connections with other countries in the world to draw lessons for Vietnam, and proposes solutions to improve the law and enhance the effectiveness of law enforcement.