PENALTIES FOR COMMERCIAL LEGAL ENTITIES COMMITTING CRIMES UNDER THE CRIMINAL LAW OF VIETNAM AND SOME PROPOSALS AND RECOMMENDATIONS

Abstract

The paper analyses the provisions of the Criminal Code on penalties for commercial legal entities committing crimes and points out some inadequacies of these provisions. It offers recommendations for guidance on the application of the provisions of the Criminal Code on penalties for commercial legal entities committing crimes such as: the duration of suspension of commercial legal entities’ operation in the investigation stage should be deducted from the duration of executing temporary suspension of operation; once permanent suspension of operation is applied to commercial legal entities as a principal penalty, fine should be applied to them as a compulsory additional penalty; confiscation of a part or the whole of the sentenced commerical legal entities’ property should be applied as an additional penalty and when commercial legal entities are established only for the purpose to commit crimes, etc.