Criminal Liability of Legal Entities
The criminal liability of commercial legal persons is new [to many countries not only Vietnam, as before, it was considered as administrative sanctions only] but a compulsory regulation in legal system, particularly in the time of rapid, complicated and integrated economic development for both Vietnam and other countries in the world. Vietnam, a rapid developing country, a destination for many foreign investors, a social oriented market economy…thus enhancing legal system to timely prevent and counter violated acts committed by commercial legal person is a Must.
Given that, today, 30 September 2020, KAS Vietnam in collaboration with The Criminal and Administrative Legislation Department, Ministry of Justice co-organised a training seminar on “Raising awareness of law enforcement officers on criminal liability of legal entities in criminal law”.
Speaking at opening remarks, Mr. Peter Girke, KAS Country Representative highly appreciated Vietnam’s political will in enhancement of the national legal framework and also applauded Vietnam as one of pioneers in criminalization liability of legal entities. Peter Girke also shared that in Germany, a criminal verdict is tied to the ethical question of whether an individual’s conduct presents an autonomous decision to violate rules and duties. There is a basic assumption that only individuals can take such autonomous decisions. Therefore, only individuals can be held liable for their behavior. However, that does not mean that legal entities would get away with it entirely in Germany. Where the German Criminal Code would hinder prosecution of legal persons, still the individuals acting on behalf of that legal person would be held liable instead – which, however, may be difficult for example if several individuals worked in a collective at a company.
More than 100 participants coming from different law enforcement agencies from central to provincial levels, including prosecutors, judges and polices shall have full day for sharing their practical experiences, difficulties and challenges in their work. This activity is under the umbrella of the big program State Rules of Law which was agreed by the two governments Vietnam and Germany. Mr. Do Duc Hien, Director General, The Department of Administrative and Criminal Legislation showed his gratitude to KAS continuous support to MOJ over the years and hope that this seminar training will help providing knowledge and information that benefit for all practitioners.