Lawmakers weigh wider corporate liability, narrower death penalty in Penal Code overhaul

The 16th National Assembly debated a draft revised Penal Code and a draft resolution on its enforcement in a plenary session on October 27 morning, as lawmakers weighed tougher treatment of emerging crimes against broader leniency tools.

Strictness vs leniency

Commenting on the criminal liability of commercial legal entities, deputy Phan Thi Thuy Linh from Thanh Hoa province said the draft moves in the right direction, individualises responsibility and clears legal status bottlenecks. She said lawmakers still need to clarify who decided, directed or approved the conduct, through which individual or unit, and under what authority. Labour relations, management titles or benefits gained by a legal entity from an offense are not enough on their own to trigger criminal liability.

On penalties for individuals committing crimes in the name of a legal entity, Linh said responsibility must track actual conduct, fault and role. She called for a consistent rule that a job title cannot serve as incriminating evidence, and that authorities must fully assess the person who actually decided, directly directed or committed the offence.

On leniency for those who voluntarily plead guilty and accept penalties, deputy Le Van Dong from Ho Chi Minh City said the regulation will ensure consistency with the corresponding procedural mechanism in the draft revised Criminal Procedure Code already concluded by competent authorities.

He said the policy should be fully recognised and differentiated by degree. Voluntary guilty pleas and acceptance of penalties signal genuine acceptance and speed up proceedings, and should be written into law so courts can apply different levels of leniency.

Penalty reductions for voluntary guilty pleas and acceptance of penalties are a leniency policy with legal value and a distinct policy goal, and must be aligned with the corresponding criminal procedure mechanism, he added.

High-tech crime gap

Minister of Public Security General Luong Tam Quang, speaking on behalf of the drafting agency, presented a report acquiring lawmakers’ opinions.

He said drafters had added 24 offences for which commercial legal entities can be held criminally liable. The additions focus on human trafficking, fraud and property appropriation; business, trade and services; environment, food and drugs; personal data violations; and insurance, invoices and vouchers.

According to him, further narrowing the death penalty’s scope is meant to turn the Party’s consistent judicial reform policy into legislation, reduce capital punishment and limit its practical use, while following progressive trends and global integration in criminal law.

“This is a policy enforced with a roadmap through multiple amendments to the Penal Code. From 1985 to now, the number of offences carrying the death penalty has fallen from 44 to 10”, he said.

The drafting agency identified many new socially dangerous acts, especially in high technology, information technology and economy, he added.

He stressed that the addition of new offences would help codify the Party’s views on private-and state-sector economic development; a disciplined, safe and civilised society, balanced development and deeper global integration, while meeting national defence-security needs and the fight against crimes in the new situation./.