Principles of Applying Enforcement Measures for Criminal Judgments against Commercial Legal Entities

It is known that there are new regulations regarding the enforcement of judgments against commercial legal entities. I have a question: if coercive measures are applied, on what principles will they be based? Please provide support!

Pursuant to Article 3 of Decree 44/2020/ND-CP (Effective from June 1, 2020) stipulating the principles for applying enforcement measures against commercial legal entities, including:

  1. Enforcement may only be carried out when a written enforcement decision by a competent criminal enforcement agency is in place.

  2. The decision to apply enforcement measures must be based on the punishment, judicial measures applied to the commercial legal entity, the content, nature, level, conditions for the enforcement of the decision, and the actual situation in the locality.

  3. The period for applying enforcement measures to ensure the execution of the judgment shall not exceed the duration of penalty compliance according to the legally effective judgment or decision of the Court; the period to ensure the execution of judicial measures is determined when the judicial measures have been completed.

  4. A commercial legal entity may be subjected to one or several enforcement measures simultaneously if the application of a single measure is insufficient to ensure the execution of a judgment.

  5. Ensure the legitimate rights and interests of the commercial legal entity, organizations, and individuals involved in the enforcement of the judgment.

We are providing this information in response to your inquiry.

Sincerely!

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