Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.Trách nhiệm hình sự của pháp nhân thương mại trong luật hình sự Việt Nam.VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES VU VAN TU THE CRIMINAL RESPONSIBILITY OF COMMERCIAL LEGAL ENTITY IN VIETNAM CRIMINAL LAW ABSTRACT OF DOCTORAL THESIS OF LAW Hanoi.
VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES VU VAN TU THE CRIMINAL RESPONSIBILITY OF COMMERCIAL LEGAL ENTITY IN VIETNAM CRIMINAL LAW ABSTRACT OF DOCTORAL THESIS OF LAW Hanoi, 2023 The works is published at: VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES Supervisors: Superior 1: Dr Pham Manh Hung Superior 2: Dr Nguyen Trung Thanh Referee 1: Assoc.Prof.Dr Tran Dinh Nha Referee 2: Assoc.Prof.Dr Mai Dac Bien Referee 3: Assoc.Prof.Dr Tran Van Luyen The thesis is defended in front of Academy Board of Doctoral Thesis at: at hour……… date…… month……… Year…… The thesis can be found at: - Library - National Library INTRODUCTION The necessary of the thesis The criminal responsibility of legal entity is not just new issue, considering under international law, criminal responsibility of legal entity has been recorded in many Conventions of United Nations as Convention against the Transnational Organized Crime Convention, United Nations Convention Against Corruption, Protocol about preventing, fighting and punishing human trafficking, especially for woman and children, supplementing Convention about fighting against the transnational organized crime of United Nations and international concordats on anti – terrorism and terrorist sponsor Considering under national law, right from the end of XVIII century, the criminal responsibility of legal entity has been regulated in criminal law of many contries all over the world In Vietnam, on November 27th, 2015, at the tenth meeting of the XIII session of the National Assembly passed the 2015 Criminal Code (amended, supplemented in 2017) was effective since January 1st, 2018, in which regulated officially criminal responsibility institutions of commercial legal entity Accordingly, together with general regulations, the 2015 criminal code criminalized the criminal responsibility of commercial legal entity with 33 crimes that commercial legal entity had to be responsible The 2015 criminal code marked the breakthrough development in policy and criminal legislation thought of our Government This made change the traditional thought about crime and fine, meeting the demand of prevention and fight against criminal behaviors implemented by commercial legal entity Although the process of building the 2015 criminal code had specific reseaches with reference to ideas from experts, scientists and reference to experience from some countries in the world, due to criminal law of each nation with different regulations on criminal responsibility of legal entity, experience gain met many difficulties Meanwhile, the criminal responsibility of commercial legal entity is the first institution regulated in the criminal code without precedence Therefore, the criminal responsibility of legal entity in the 2015 criminal code shall not avoid the limit, inadequacy as: Determining commercial legal entity to be a subject of crime or just a subject bearing the criminal responsibility; how the behavior of violating the crime is, error of commercial legal entity determined; what are the penalties applied to commercial legal entity crimed; limiting scope on crime that commercial legal entity must bear the criminal responsibility; which specific conditions for commercial legal entity to bear the criminal responsibility, etc., About the argument, before and after issuance of the 2015 criminal code, there had some research works of scientists, legislation experts analyzed, explained and clarified matters about the criminal responsibility of legal entity, commercial legal entity In which, research works before issuance of the 2015 criminal code had mainly focused on researching oversea research works about the 2015 criminal responsibility of legal entity; regulations about the criminal responsibility of legal entity in criminal law of some countries in the world Research works after issuance of the 2015 criminal responsibility analyzed and overviewed theoretical matters, law and reality regulating the criminal responsibility of commercial legal entity However, these research works only mentioned about different views or overview research about the criminal responsibility of legal entity, commercial legal entity without overall, synchronized and sharp research about the argument, law and reality of applying to regulations of the 2015 criminal code about criminal responsibility of commercial legal entity to propose specific solutions, suggestions to complete law about criminal responsibility of legal entity and improve effectiveness of applying law, important contribution to prevent and fight against crime caused by legal entity About reality, after 05 years since the effectiveness of the 2015 criminal code upto present, the competent authority on procedure has just only prosecuted, investigated, indicted and judged 02 criminal cases related to commercial legal entity despite of popularly and seriously legal violation behavior in general of legal entity by legal entity This shows that process of applying the criminal responsibility institutions of commercial legal entity into reality meets many difficulties There are some main causes as: Due to conflict, inadequacy in regulation of the 2015 criminal code about criminal responsibility of commercial legal entity; untimely explain, instruction; qualification, capacity of proceedings – conducting team in research, application the law to bring into the criminal responsibility to commercial legal entity are still limited; Existing seriously legal violation behaviors of commercial legal entity needs to be treated criminally but failed thus that the criminal code has not regulated commercial legal entity to be treated criminally for that behavior, etc., Besides, in front of the trend “internalization”, “globalization” and in the condition of developing market economy according to the socialist orientation and sharper and wider international integration currently, Vietnam has participated in some world economic organizations as: Asia – Pacific Economic Cooperation (APEC), The World Trade Organization (WTO), The Asia – Europe Meeting (ASEM), Comprehensive and Progressive Agreement for Trans – Pacific Partnership (CPTTP), etc., and signed, participated in many international Conventions against terrorism, Convention against illegal trading of drug in 2018, Convention against transnational Organized Crime Convention in 2000, Convention Against Corruption in 2003, etc., and 21 bilateral legal assistance agreements on crime and civil In order to carry out obligations in International Treaties that Vietnam is a member, the 2015 criminal code has criminalized criminal responsibility of commercial legal entity with 33 crimes for commercial legal entity to bear criminal responsibility, however, scope of bearing criminal responsibility of commercial legal entity in current criminal code does not internalize all international treaties that Vietnam is a member like: Conventions against terrorism, Convention against illegal trading of drug, etc., From above interpretations, researcher sees that doing research to clarify the argument and regulation of Vietnam criminal law about criminal responsibility institution of commercial legal entity, as well as applying these institutions into reality to make clear the position, importance of regulating the institution in Vietnam criminal code; analysing and clarifying the limit, inadequacy, conflict in regulation of criminal responsibility institution of commercial legal entity to make suggestion the amendment, supplementation and completion; clarifying difficulties, problems and causes of applying criminal responsibility institutions of commercial legal entity into reality to propose solutions, suggestions to ensure about application of regulations enclosed to criminal responsibility institutions of commercial criminal entity is an urgent matter currently Therefore, researcher chooses the title: “Criminal responsibility of commercial legal entity in Vietnam criminal law” to be title of Doctorial thesis, major: Criminal law and Criminal procedure law Research’s target and duty 2.1 Research’s target - Finding scientific foundation for completing theory as well as regulation of criminal law on criminal responsibility of commercial legal entity to make sure the possibility of these regulations - Building solutions to apply regulations of current criminal code on criminal responsibility of commercial legal entity in the reality of preventing and fighting against crime related to commercial legal entity 2.2 Research’s duty In order to get the above purpose, the thesis identifies and implements research duties below: - Understanding, analysing and assessing overall scientific research works domestic and oversea about criminal responsibility of legal entity, taking the result, research achievement need to inherit to make foundation for doing research the title of the thesis From the basis, identifying matters to keep researching in this title, building reseach theories and questions - Analysing, interpreting to clarify theoretical matters about criminal responsibility of commercial legal entity on the aspects of concept, basis, content, criminal responsibility legislation technique of commercial legal entity - Analysing, commenting to clarify content of Vietnam law regulations (history and present) about criminal responsibility of commercial legal entity, pointing out the positivity, completion, as well as limit, inadequacy in regulations; assessing overall regulation of criminal law of some countries about criminal responsibility of legal entity, taking the lesson for Vietnam - Assessing overall the reality of applying regulations of current criminal code about criminal responsibility of commercial legal entity, taking the difficulties, problems and causes in application reality From the foundation to make the request and build solutions to keep completing regulations of criminal responsibility of commercial legal entity and make sure of applying these regulations into reality Research’s object and scope 3.1 Research’s object Object of the thesis is theoretical points of view, doctrines about criminal responsibility of legal entity, regulation of Vietnam criminal law of commercial legal entity and application into reality in Vietnam 3.2 Research’s scope - About content: Overall, it research system of criminal responsibility matters under criminal science and criminal prosedure law - About the space, time: Researching the reality of applying criminal responsibility institutions of commercial legal entity in the whole country within 10 years, from 2011 to 2021 Research’s methodology and method 4.1 Methodology The thesis does research basing on methodological basis of dialectical materialism and historical materialism of Marxism – Leninism; Hochiminh thought and point of view, path, policy of the Party, law of the Government about justice reform, strategy of building and completing law system and activities of fighting and preventing crime in general and crime carried by legal entity in particular, doctrines about criminal responsibility of legal entity 4.2 Research’s method During process of research, the thesis uses many different methods of research Depending on research object in each chapter, item that the thesis chooses and uses suitably research methods in following methods : Analysis, document comparison; statistics, analysis, statistic data comparison, crime statistics; The reality summary; Typical investigation; Expert New contribution about science of the thesis Firstly, the thesis is one of first works in Vietnam to research overall about criminal responsibility theory of legal entity Secondly, the thesis analyses, assesses, clarifies overall regulations of current criminal code on criminal responsibility of commercial legal entity crimed; pointing out specifically the limit, inadequacy and conflict Thirdly, the thesis analyses, assesses generally the reality of applying criminal responsibility institutions of commercial legal entity crimed within the whole country, points out achieved results, limits, difficulties, problems and causes Fourthly, the thesis builds system of solutions to complete the criminal responsibility institutions of comercial legal entity in the 2015 criminal code and make sure application of these into the reality of prevention and fight against crime caused by legal entity Theoretical meaning and the reality of the thesis 6.1 Theoretical meaning - Research result of the thesis contributes to add, complete to enrich the theory about criminal responsibility of legal entity in general, commercial legal entity in particular - Research result also is a theoretical basis to help awareness of unifying the criminal responsibility of commercial legal entity - Research result is also a scientific basis for planning policy to commercial legal entity crimed 6.2 About reality meaning - The thesis is a document that legislators can refer to research, consider, amend and add to complete regulations of criminal law about criminal responsibility of legal entity - The thesis is a referent document with effect of instructing authorities and competent persons to apply effectively criminal responsibility institutions of commercial legal entity in prevention and fight against crime - The thesis is also a referent document for researching, teaching and studying in law training Conclusion of the thesis Out of introduction, conclusion, list of referent document, appendix, content of the thesis includes 04 chapters: Chapter Overview of research Chapter Theoretical matters about criminal responsibility of commercial legal entity Chapter Regulation of Vietnam criminal law about criminal responsibility of commercial legal entity Chapter The reality, request, solution of completing and surely applying regulations of Criminal Code on criminal responsibility of legal entity Chapter OVERVIEW OF RESEARCH 1.1 Research situation domestic and oversea In order to refer, inherit as well as identify issues that need to keep researching, clarifying during process of carrying out the thesis, researcher approaches, and researches 12 works oversea and 16 works domestically About research works in Vietnam, there are 07 works researching about criminal responsibility and 09 works researching about criminal responsibility of commercial legal entity 1.2 Assessing research situation and matters that the thesis needs to keep researching 1.2.1 Assessing research situation Firstly, assessing research situation oversea Depending on condition of developing economy, culture, society, tradition of law, legislation technique that each country has different regulations about criminal responsibility of legal entity, about scope of crimes that legal entity must bear criminal responsibility, about principle of handling, condition of bearing criminal responsibility and fine applied to legal entity made crime, etc., Secondly, assessing research situation in Vietnam Research works about criminal responsibility of commercial legal entity according to regulation of the 2015 criminal code analyze and generalize theoretical matters and reality about criminal responsibility of commercial legal entity, in which existing different points of view about commercial legal entity who is object of crime or criminal responsibility Some works analyze and point out conflict marks in regulation about criminal responsibility of offended commercial legal entity, the limits, difficulties and inadequacy in the reality of applying regulations of the Criminal Code to solve commercial legal entity and make proposal of some suggestions about explain law and completing law According to researcher, condition to identify legal entity crimed and legal entity bearing criminal responsibility must assure the below conditions: (1) offence of legal entity is carried out via behavior of individual; (2) Offence is carried out on behalf of legal entity; (3) Offence is carried out due to benefit of legal entity; (4) Offence is carried out by direction, execution or acceptance of legal entity Thirdly, about legal entity scope and scope of crimes that legal entity must bear the criminal responsibility According to researcher, in order to prosecute the criminal responsibility to legal entity, force legal entity to bear state coercive measures, assure the education and prevention, that legal entity must satisfy certain conditions Legal entity prosecuted criminal responsibility depends on regulation of the Criminal Code to which type of legal entity just bear the criminal responsibility When regulating the criminal responsibility of legal entity, it is necessary to determine scope of crimes that this object can bear responsibility Fourthly, about the scantions to legal entity According to researcher, legal entity only can be sentenced and applied type of penalty as fine money, asset collection, business licence seizure, operation ban, capital mobilizatioin ban, closing operation, individual organization dissolution, etc., Out of penalty, legal entity can apply specific justice measures, in which including measures as force to recover the beginning situation, implement recovery measures, prevent consequence Fifthly, about responsibility of individual in prosecuting criminal responsibility of legal entity Researcher determines when regulating the criminal responsibility of legal entity in the Criminal Code needs to apply the rule (double jeopardy rules) when prosecuting the criminal responsibility Accordingly, the criminal responsibility of legal entity shall not exclude the criminal responsibility of individuals who “directed, executed or accepted” the crime (means leader or Board of leader of legal entity) and individuals make crime 11 2.3.2 Technique of regulating the criminal responsibility of legal entity Together with identifying legal entity to be object of crime, legal entity must be the criminal responsibility to the crime caused by himself, but according to researcher, the technique of regulating the criminal responsibility of the legal entity needs to add regulations in both common and specific parts Accordingly, in common part, it is necessary to regulate the criminal responsibility of legal entity into an independent chapter about issues that are principal and specific application to legal entity like: Condition of bearing the criminal responsibility of legal entity; the criminal responsibility measures, etc., And it is necessary to add sanctions to legal entity in articles regulating the crime that legal entity may bear the criminal responsibility 2.4 The criminal responsibility of legal entity in some countries in the world and experience for Vietnam In this part, researcher approaches and analyzes some basic issues about the criminal responsibility of organization, individual in the Criminal Law of England, Canada, Republic of France and China From those researches to take the legislation experience of some countries in the world with regulation about the criminal responsibility of legal entity Chapter REGULATION OF VIETNAMESE CRIMINAL LAW ABOUT CRIMINAL RESPONSIBILITY OF COMMERCIAL LEGAL ENTITY 3.1 Generalizing history of the criminal responsibility related to legal entity in Vietnam before issuance of the 2015 criminal code Researching history of Vietnamese criminal law shows that before the August Revolution in 1945, the responsibility of organization was recorded in criminal legal document Within 15 years of application, the 1985 criminal code was amended and added four times At the Draft of the Criminal Code 12 amended the 1985 criminal code the tenth (03/1998) added the clause Article regulated “Office, organization, unit (hereafter called organization) must bear the criminal responsibility about criminal behavior caused by its representative due to the benefit of that organization” Until the Draft of eleventh amended criminal code, the National Assembly thought that the criminal responsibility of legal entity was new with different ideas and needed to keep researching deeper Supplementation was just made out when having enough condition So, when the 1999 criminal code was issued, the criminal responsibility of legal entity was not regulated Until 2008, the Draft of Law was amended and added some articles of the 1999 criminal code, the criminal responsibility of legal entity was kept into draft However, the 1999 criminal code amended and added in 2009 did regulate about the criminal responsibility of legal entity 3.2 Regulation of the 2015 Criminal Code about criminal responsibility of commercial legal entity 3.2.1 Regulation about the criminal responsibility of commercial legal entity in Common Part 3.2.1.1 Regulation about basis of the criminal responsibility About basis of the criminal responsibility of commercial legal entity, clause Article the 2015 Criminal Code regulated: “Only crimed commercial legal entity who is regulated on Article 76 of this Law Code just bears the criminal responsibility” However, there are some certain inadequate points: (1) no need to regulate in enactment about the criminal responsibility basis with content express that commercial legal entity violates the crime regulated in Article 76 but only need to regulate violation into crime regulated by the criminal code; (2) separating into a clause to regulate the criminal responsibility of legal entity as the current criminal code leads to understand that beside of crime implemented by individual, it is available crime implemented by commercial legal entity 3.2.1.2 Regulating about scope of bearing the criminal responsibility According to regulation at Article 76 of the 2015 criminal code, scope 13 of bearing the criminal responsibility of commercial legal entity with 33 crimes, in which, there are 22 crimes belonging to Chapter XVIII - Crimes about violating economic management order; 09 crimes belong to Chapter XIX – Crimes about environment and 02 crimes belong to chapter XXI – Crimes about violating public works, public order However, legal violation situation of legal entity is more and more popular and complicated, according to researcher, it is necessary to research regulation about scope of bearing the criminal responsibility of legal entity upon wider direction 3.2.1.3 Regulation about condition of bearing the criminal responsibility Those conditions include: (1) criminal behavior is implemented on be half of commercial legal entity; (2) the criminal behavior is implemented due to benefit of commercial legal entity; (3) the criminal behavior is implemented by the direction, execution and acceptance of commercial legel entity; (4) the validity of the criminal responsibility prosecution According to researcher: It needs to add condition to express more clear about identifying behavior of individual infront of three conditions “on behalf of commercial legal entity”, “for benefit of commercial legal entity” and “with direction, execution or acceptance of commercial legal entity” About the fourth condition, according to researcher, it is not necessary to regulate the fourth condition about expiry of the criminal responsibility prosecution to commercial legal entity Besides, Clause Article 75 the 2015 criminal code regulates relationship between the criminal responsibility both commercial legal entity with the criminal responsibility of individual, accordingly “Comercial legal entity bearing the criminal responsibility shall not exclude the responsibility of individual” According to researcher, individual mentioned here is both direct individual of implementing the crime and individual (individuals) “direct, execute or accept” the implementation of crime (means both leader or Board of leader of commercial legal entity) 3.2.1.4 Regulation about form of the criminal responsibility 14 First, the provisions on penalties apply to commercial legal entities committing crimes At the Article 33 the 2015 criminal code regulates system of fine applying to commercial legal entity, including three main fines as: Money, suspending operation with expiry time, suspending forever and three additional fines: Ban from doing business and in some certain fields; ban from capital mobilization; fine money if not main penalty To each crime that commercial legal entity is prosecuted the criminal responsibility, commercial legal entity is only applied some main penalties and can be applied some additional penalties On the basis of regulation at the Article 33 the 2015 criminal code regulates condition and scope of applying each penalty from the Article 78 to Article 87 However, in order to execute right these regulations, it is necessary to issue document to instruct specifically the condition, content and assure that the applicaiton is unified and right as the law Besides, it is necessary to refer the experience of some countries in the world in regulating more some fines as: Listed the judgement, decision made by the court on criminal behavior of legal entity on public media Secondly, regulation about exempting the fine to commercial legal entity Article 88 the 2015 criminal code regulates: Commercial legal entity that commits crime can be exempted from fine when having recovered all the consequence and compensated all the damage for the behavior caused Thirdly, regulation about justice measures applying to crimed commercial legal entity Justice measures applying to commercial legal entity are regulated at Clause Article 46 and Clause Article 82 the 2015 criminal code However, these measures are not regulated about specific application condition and especially are order, procedure applied in related legal document to crimed commercial legal entity 3.2.1.5 Regulation about erasing the conviction to crimed commercial 15 legal entity Erasing the conviction to commercial legal entity who has been sentenced regulating at Article 89 the 2015 criminal code However, about time of erasing the conviction to commercial legal entity who has been sentenced shall be recounted since to crimed commercial legal entity since completing main judgment execution according to regulation at clause Article 73 the 2015 criminal code or recount since completing new judgment excution (it’s the way of counting time of erasing conviction for commercial legal entity) need to have united instruction document 3.2.2 Regulation about the criminal responsibility of crimed commercial legal entity in the Part of crimes Researching 33 enactments for crimed commercial legal entity who must bear the criminal responsibility sees that: Firstly, regulations about crimed commercial legal entity and penalty to crimed commercial legal entity have opening structure by content: “Crimed commercial legal entity regulating at this Article shall be fined as below :” This article once again determines that the criminal responsibility institution of crimed commercial legal entity is added into the 2015 criminal code, law-makers determine commercial legal entity to be object of crime, only object of crime just can commit a crime, commercial legal entity is object of crime, commercial legal entity just can commit a crime Secondly, analysing the content and legislation technique to 33 crimes that commercial legal entity may be borne criminal responsibility with common points are criminal responsibility parallel regulation of individual and crime responsibility of commercial legal entity In which, clause regulates legal sign and basic penalty frame; upcoming clauses regulate crimed cases with aggravation circumstances, additional penalty frame to crimed individual and clause with content regulating about criminal responsibility for commercial legal entity to bear (this is set out in the end of the enactment) Thirdly, about administrative and additional penalty regulating at 33 16 crimes that commercial legal entity must bear the criminal responsibility According to researcher: Crimes implemented by individual about causing environment polution and destroying environment widespead, damaging and impacting many aspects of nature and daily life, society, human but complicated with max fine upto 20 billion Vietnamese dongs are still light without enough deterence to prevent the crime To terrorism sponsor and money laundery, considering about the nature and the serious level of two these crimes, applying penalty “money” and “suspending operation with expiry” are not suitable; It is necessary to apply the only penalty of “suspending operation forever” is enough deterrence, punishment and avoiding the continous crime of legal entity 3.3 Comment and general assessment 3.3.1 About content Thirdly, some regulations in the criminal code about criminal responsibility of crimed commercial legal entity are not unified with conflict leading to different awareness of the criminal code of commercial legal entity - Some key enactments in determining the criminal responsibility of commercial legal entity is Article 75 of the Criminal Code, this enactment shows that commercial legal entity seems to be object of bearing the criminal responsibility about the crime caused by other individual - Similar to regulation at Article 76 of the 2015 criminal code about scope of bearing the criminal code of commercial legal entity, content of this enactment does not express the crime of commercial legal entity, but expresses that commercial legal entity must bear the criminal responsibility to listed crimes when being satisfactory conditions at Article 74 of the Criminal Code Secondly, about concept of crime at Article the 2015 criminal code After issuing the criminal responsibility regulation of commercial legal entity, at clause Article was added the phrase “or commercial legal entity” by law-makers, arising the debate in legal science weather 17 commercial legal entity might be object of crime or not, or was only object of the criminal responsibility, and that addition created some inconsistence with conflict leading to different awareness as showed in throughout the content of the thesis Besides, from content of clause Article shows that subject that commercial legal entity offenses is similar to subject that individual offenses, those are total social relations determined and protected by criminal law However, if basing on Article 76, commercial legal entity is only determined to be crimed if violating one of these listed crimes Equally those are social relations belonging to order of economic management, environment and public safety, public order Besides, in content of clause Article expresses that object condition of crimed individual “ due to person with the criminal responsibility capacity”, meanwhile it does not express the criminal responsibility of legal entity According to researcher, this is not suitable, logic about legislation technique Additionally, in the real criminal code does not have any enactments regulating the criminal responsibility capacity but only has enactment regulated the situation of the criminal responsibility incapacity (Article 21) 3.3.2 About legislation technique Firstly, for the common Part of the 2015 criminal code Out of regulations to crimed commercial legal entity at Chapter XI, there are some enactments about the criminal responsibility of commercial legal entity regulated at the Part common regulations of the 2015 criminal responsibility Those regulations not assure the science in legislation technique Besides, with point of view of legislation to determine commercial legal entity is object of crime, object of the criminal responsibility, the term in some enactments related to the criminal responsibility of commercial legal entity not assure to create way of understanding, consistent interpretation Secondly, to specific criminal Part of the 2015 criminal code With 07/33 enactments add conditions of constituing the crime to 18