Rules for punishing crimes of criminals and corporate legal entities that commit criminal offences in Vietnam

What is crime?

Pursuant to the provisions of the Penal Code 2015, a crime means an act that is dangerous for society and defined in Criminal Code, is committed by a person who has criminal capacity of corporate legal entity, whether deliberately or involuntarily, infringes the sovereignty and territorial integrity of the nation, infringes the political regime, economic regime, culture, national defense and security, social order and safety, the lawful rights and interests of organizations, human rights, the lawful rights and interests of citizens, other aspects of socialist law and leads to criminal prosecution as prescribed by this document.

An act that resembles a crime but is actually not remarkably dangerous for society is not a crime and shall be dealt with otherwise.

Crimes defined in this document are classified into four categories according to their nature and danger to society specified in the Penal Code 2015:

- Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this document is a fine, community sentence (non-custodial) or 3 years' imprisonment;

- Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this document is from over 3 years' to 7 years' imprisonment;

- Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this document is from over 7 years' to 15 years' imprisonment;

- Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this document is from over 15 years' to 20 years' imprisonment, life imprisonment or death.

Rules for punishing crimes of criminals and corporate legal entities that commit criminal offences in Vietnam (Internet image) 

Rules for punishing crimes of criminals and corporate legal entities that commit criminal offences in Vietnam

Rules for punishing crimes of criminals and corporate legal entities that commit criminal offences in Vietnam include:

(1) With regard to criminals:

- Every crime committed by a person must be discovered promptly and dealt with quickly and fairly in compliance with law;

- All criminals are equal before the law regardless of gender, ethnicity, belief, religion, social class or social status;

- Instigation of crimes, masterminds or obstinacy, gangster-like crimes, dangerous recidivism, abuse of positions or power to commit criminal offences shall be strictly punished;

- Criminal offences committed by employment of deceitful methods; in an organized manner, in a professional manner or with intent to inflict extremely serious consequences shall be strictly punished.

Leniency shall be showed towards criminals who turn themselves in; show cooperative attitudes; inform on accomplices; made reparation in an effort to atone for their crimes; express contrition; voluntarily compensate for damage they inflict;

- A person who commit a less serious crime for the first time may serve a community sentence (mandatory supervision by family or an organization);

- People sentenced to imprisonment shall serve their sentences at prisons and must improve themselves to become effective and productive citizens; commutation or conditional parole shall be granted to people who satisfy conditions set out in this document;

- People who have served their sentences are enabled to live and work honesty and fit into society; criminal records shall be expunged when all conditions are satisfied.

(2) With regard to corporate legal entities that commit criminal offences:

- Every criminal offence committed by a corporate legal entity must be discovered promptly and dealt with quickly and fairly in compliance with law;

- All corporate legal entities that commit criminal offences are equal before the law regardless of type of business and economic sector;

- Criminal offences committed by deceitful methods; organized crimes, deliberate infliction of extremely serious consequences shall be strictly punished;

- Leniency shall be showed towards corporate legal entities that are cooperative during the proceeding, voluntarily compensate for damage they inflict, proactively prevent or alleviate consequences.

Pursuant to: Article 3 of the Penal Code 2015 and Points a and b, Clause 1, Article 1 of the Law amending the Penal Code 2017.

Mai Thanh Loi

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