1. What Are Judicial Measures?
To clearly understand and grasp the provisions of criminal law concerning judicial measures, we must first define what a judicial measure is and its characteristics. Examining the provisions of criminal law from the Criminal Code of Vietnam 1985 to the present, lawmakers haven’t provided a specific definition. Instead, they’ve directly addressed and regulated individual judicial measures. While not explicitly defined, we can generalize through specific examples that a judicial measure is a sanction implemented by a competent state agency, applied to offenders or individuals who commit socially dangerous acts, aiming to prevent them from continuing such conduct.
From this definition, we can identify the following characteristics of judicial measures:
- Implementing Authority: As these are coercive measures, only procedural agencies are authorized to apply them; no other agency or individual may do so arbitrarily.
- Target of Application: These measures are applied to offenders or individuals who commit socially dangerous acts.
- Purpose: To prevent the continued commission of crimes or socially dangerous acts. Some perspectives suggest that judicial measures also aim to educate the individual, helping them become useful citizens or, in other words, recognizing their mistakes. Throughout various iterations of the Criminal Code, its function has consistently been to punish and educate offenders. However, in the author’s view, the application of judicial measures hasn’t truly highlighted this educational function as some assert. These measures primarily affect material objects, money, or benefits derived from committing crimes, thus diminishing their educational significance.
2. What Types of Judicial Measures Exist?
Comparing the provisions of both the Criminal Code of Vietnam 1985 and the Criminal Code of Vietnam 1999, the chapter on judicial measures did not explicitly define the scope of applicable measures. Instead, it directly addressed each measure in corresponding articles. This approach was less scientific, making it challenging for both researchers and practitioners to access and comprehend. The current Criminal Code has undergone adjustments, which the author believes are necessary, moving from general principles to specific details, from comprehensive overviews to precise regulations.
Regarding the target of application: through practical experience, the evolution of social relationships, and shifts in legislative views on criminal law, the current Criminal Code now criminalizes commercial legal entities for certain specified offenses, in addition to individuals as subjects of crime. Therefore, judicial measures are now applied not only to individual offenders but also to commercial legal entities. Since these two subjects are fundamentally different, with distinct criminal liabilities and applicable penalties, the judicial measures also vary accordingly.
2.1. Judicial Measures Applicable to Individual Offenders
Judicial measures applicable to individual offenders include:
– Confiscation of objects and money directly related to the crime;
– Return of property, repair or compensation for damage; compulsory public apology;
– Compulsory medical treatment.
2.2. Judicial Measures Applicable to Commercial Legal Entities Committing Crimes
Judicial measures applicable to commercial legal entities committing crimes include:
– Confiscation of objects and money directly related to the crime;
– Return of property, repair or compensation for damage; compulsory public apology;
– Restoration to the original state;
– Implementation of measures to remedy and prevent further consequences.
