Criminal liability and penalties for criminal corporations: an international law approach
Keywords:
International law; Vietnam; legal subject status of legal entities; criminal liability; penalty; commercial legal entities
Abstract
Criminal liability and penalties for corporations are issues addressed not only by national laws but also by international legal documents. This serves as the international legal basis for member states to internalise the provisions on criminal liability and penalties applicable to legal entities from international instruments into national law. This article presents some theoretical and practical issues regarding the application of criminal liability and penalties to criminal legal entities in international law and assesses the provisions on this matter in the 2015 Penal Code of Vietnam, and makes some recommendations to improve these provisions of the Penal Code.