“Practicality” - An Inherent Characteristic Constituting the Value of Punishment

Abstract

In criminal law scholarship, punishment is commonly examined through several fundamental characteristics, such as the most severe form of state coercion, strict legal nature, individualization, and humanity. However, an essential characteristic that has not been sufficiently studied is the practicality of punishment. Punishment must not only be correct in terms of theory and normative regulation, but also be capable of effective application and enforcement in socio-legal practice. Therefore, based on theoretical analysis and a review of the 2015 Criminal Code of Vietnam, as amended and supplemented in 2025 (hereinafter referred to as the 2015 Criminal Code), this article clarifies that practicality is an inherent characteristic constituting the value of punishment, and on that basis proposes orientations and solutions to further refine legislative provisions on penalties, aiming to ensure that the imposition and execution of punishment in practice achieve high effectiveness.