The 16th National Assembly is scheduled to discuss the draft revised Penal Code and a draft resolution on its implementation at a plenary sitting on Tuesday morning, during its ongoing second session.
According to a report on feedback and revisions to the draft law, provisions have been amended on exclusions from criminal liability, suspension of criminal prosecution, exemption from criminal liability, criminal liability for preparatory acts, and the scope of criminal liability for commercial legal entities. The draft also adds new offences and criminal acts while removing certain existing offences.
Differences remain over provisions on organised crime, legitimate self-defence, penalties for commercial legal entities and individuals committing offences on their behalf, and leniency for offenders who voluntarily admit guilt and accept punishment.
The drafting agency revised provisions on penalties for commercial legal entities, proposing to remove time-limited suspension of business operations and reduce fines for certain offences. The changes are intended to avoid excessively harsh penalties that could adversely affect workers and business operations.
The draft also replaces the mechanism for determining penalties for individuals who commit crimes on behalf of commercial legal entities, which was based on the proportion applicable to individuals acting independently. Instead, courts would determine penalties based on each individual's role, degree of fault, motives, purpose and benefits gained.
Additional revisions clarify leniency principles and allow penalties below the prescribed minimum for offenders who voluntarily admit guilt and accept punishment. The changes are intended to ensure consistency with the draft revised Criminal Procedure Code.
In the afternoon, the legislature is scheduled to discuss the draft revised Law on the Organisation of Criminal Investigation Agencies and a draft resolution on piloting mechanisms for the recovery and handling of crime-related assets without a criminal conviction.
Sources: Viet Nam News
