Judicial Measures in the Penal Code 2015: How Are They Regulated?
Judicial Measures under the 2015 Criminal Code are Prescribed as Follows:
According to Article 46 of the 2015 Criminal Code, judicial measures are applied to the following subjects:
- Judicial measures for offenders include:
a) Confiscation of objects and money directly related to the crime;
b) Return of property, repair or compensation for damage; mandatory public apology;
c) Compulsory medical treatment.
- Judicial measures for commercial legal entities committing crimes include:
a) Confiscation of objects and money directly related to the crime;
b) Return of property, repair or compensation for damage; mandatory public apology;
c) Restoration of the original state;
d) Implementation of certain measures to remedy and prevent further harm.
Thus, judicial measures are commonly understood as state coercive measures prescribed in the Criminal Code, applied by procedural authorities against those who commit dangerous acts against society to support or replace penalties. According to the spirit of the 2015 Criminal Code, commercial legal entities also bear criminal responsibility, so the regulations on judicial measures are extended to this group to ensure the systematic nature of criminal law.
Judicial Measures for Commercial Legal Entities to Remedy and Prevent Consequences:
In addition to the judicial measures mentioned in Article 46 of the aforementioned legal document, Clause 3 of Article 82 of the 2015 Criminal Code specifically prescribes:
Depending on the specific offense, the Court may decide to compel the commercial legal entity committing the crime to execute one or several of the following measures to remedy and prevent consequences of the crime:
- Compel the demolition of constructions or parts of constructions built without permits or not in accordance with permits;
- Compel the rectification of environmental pollution, prevention of disease spread;
- Compel the removal from the territory of the Socialist Republic of Vietnam or re-export of goods, items, and means brought into the territory of the Socialist Republic of Vietnam, imported contrary to the law or temporarily imported, re-exported but not re-exported as required by law; goods in transit infringing intellectual property rights, counterfeit goods imitating intellectual property rights, imported materials, substances used primarily for the production and business of counterfeit goods in terms of intellectual property after eliminating infringing factors;
- Compel the destruction of harmful goods and items for human health, animals, plants, and environment, cultural products with harmful content, or other objects subject to destruction as prescribed by law;
- Compel the elimination of infringing factors on goods, packaging, business means, items;
- Compel the recall of infringing products and goods circulating on the market.
Respectfully!
