A Scientific Understanding of Conditions for a Commercial Legal Entity to be Criminally Charged under the Current Criminal Code

Abstract

Although the Vietnam’s Criminal Code 2015 (amended in 2017) (“Criminal Code 2015) has come into force since January 1, 2018; the number of criminal cases against commercial legal persons is very limited. The major cause of this limitation originates from the absence of guidance on interpretation of these regulations as they are newly introduced in criminal law of Vietnam. Based on popular doctrines regarding criminal responsibility of legal persons and regulations of other states, the Author of this paper presents her own perspectives on how conditions for a commercial legal person to be criminally charged under Article 75 of the Criminal Code 2015 should be interpreted.