1. What is Punishment?
As stipulated in Article 30 of the Criminal Code of Vietnam 2015, punishment is the most severe coercive measure of the State, prescribed in this Code, and decided by the Court to be applied to individuals or commercial legal entities who commit crimes, aiming to deprive or restrict the rights and interests of those individuals or commercial legal entities.
2. Analysis of Regulations on Punishment in the Penal Code
This article defines punishment. Compared to the previous definition in the Criminal Code of Vietnam 1999, the wording has changed, but the content remains largely the same, with the addition of “commercial legal entities” to align with the scope of application of the new Code.
2.1. Nature of Punishment
When a legal violation occurs, we are subject to sanctions. Depending on the nature and degree of social danger of the act, the sanctions we face can be in the civil, administrative, or criminal spheres. Among these, punishment is the most severe form of sanction. This indicates that the social relationships protected by criminal law are the most important ones. The punitive measures here are not merely financial sanctions (like fines) but also involve restrictions on freedom of residence, freedom of movement, and, at the highest level, the inviolability of life (death penalty).
2.2. Authority to Decide
The only authority empowered to decide on the application of punishment is the Court. “Court” here must be understood as the competent Court for each specific case as stipulated by the Criminal Procedure Code. Thus, compared to sanctioning measures in other legal fields, the entity authorized to impose punishment is the fewest, significantly less than the entities authorized to impose administrative penalties. This also leads to the consequence that the process for imposing punishment as a sanction is more difficult due to its complexity and the legal consequences it entails.
2.3. Objects of Application
Regarding “individuals,” no further discussion is needed as it is self-explanatory and consistent with previous regulations. Therefore, let’s delve into the newly added subject: commercial legal entities. The inclusion of this subject within the scope of the Penal Code is considered a significant advancement in the field of criminal legal science. It represents a long process of gestation, learning from international experience, and organizing workshops to gather feedback from domestic and international experts to establish this institution for a relatively special and novel subject in criminal law. However, as it is the first time it has been introduced, certain shortcomings are inevitable, as the author has previously mentioned in earlier chapters. Nevertheless, from an overall perspective, in terms of the direction taken by our lawmakers, we are on the right path. Whether this path ensures quality and safety will be determined through practical application, and we will address and rectify any gaps or errors as needed.
2.4. Intended Purpose
In concise terms, the rights and interests of the punished party will be affected. The extent of the impact can be a restriction of certain rights and interests or a complete deprivation (loss). Rights and interests here can be divided into three main groups: property rights; personal rights; and civil rights. Depending on the nature and degree of social danger of the act, the subject may be restricted (or deprived) of one, several, or all of these rights and interests.
3. What are the Purposes of Punishment?
The purposes of punishment are stipulated in Article 31 of the Criminal Code of Vietnam 2015, specifically: Punishment is not only intended to punish individuals and commercial legal entities who commit crimes but also to educate them on the importance of adhering to the law and societal rules, preventing them from committing new crimes; and to educate other individuals and commercial legal entities to respect the law, thereby preventing and combating crime.
