Vietnam's National Assembly is scheduled to discuss the draft revised Penal Code and a draft resolution on its implementation at a plenary sitting on October 27. The sitting is part of the second session of the 16th National Assembly.
According to a report on the incorporation of feedback and revisions to the draft law, provisions have been amended on exclusions from criminal liability, suspension of criminal prosecution, exemption from criminal liability in certain cases, 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 some existing offences. Differences remain over several provisions, including organised crime, legitimate self-defence, penalties for commercial legal entities and people committing offences on their behalf, and leniency for offenders who voluntarily admit guilt and accept punishment.
In response, the drafting agency revised provisions on penalties for commercial legal entities and proposed removing time-limited suspension of business operations, along with reducing fines for certain offences. The proposal is 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. Under the new approach, courts would determine penalties based on each person'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 change is 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: VietnamPlus / Vietnam News Agency
