VẬN DỤNG NGUYÊN TẮC TƯƠNG XỨNG TRONG PHÁP LUẬT LIÊN MINH CHÂU ÂU NHẰM TRÁNH HÌNH SỰ HÓA QUAN HỆ KINH TẾ, DÂN SỰ TẠI VIỆT NAM

Abstract

Abstract: This study examines the potential of the principle of proportionality as a 
normative framework for constraining the use of criminal law in the regulation of economic 
and civil relations, grounded in the ultima ratio principle, according to which criminal law 
should operate strictly as a measure of last resort. By analysing the conceptual foundations 
and functional operation of the principle of proportionality within European Union (EU) criminal 
law, the study elucidates its role as a mechanism for structuring and limiting the scope and 
intensity of state intervention in the criminal sphere. On that basis, the article proposes directions 
for applying the principle of proportionality in Vietnamese criminal law, with a view to avoiding 
the penalisation of economic and civil relations.