Liability of legal entities in East Asia and Oceania


In this week’s #Compliancekeys11, we briefly outline the regulation of the liability of legal entities in the different countries that are part of Eastern Asia and Oceania.

As can be seen, the majority of countries in Eastern Asia and Oceania foresee the criminal liability of legal entities and only four countries (Bangladesh, India, the Philippines and Sri Lanka) foresee the administrative liability.

It should be noted that Indonesia has recently (January 2nd) passed the Law 1/2023 which introduces the criminal liability of legal entities, a factor that could encourage the others Southeastern Asia countries mentioned above, to incorporate the criminal liability of legal entities. 

In any case, there is attached below a summary-table about the state of play:

Country Nature of liability Closed or open list of offenses / infractions Legal possibility of exemption due to the availability of Compliance
Australia Criminal Closed list Yes
Bangladesh Administrative Closed list No
Cambodia Criminal Closed list Yes (only for certain specific offenses). 
China Criminal Closed list Yes (only for very specific conduct, for example, in competition terms). 
Hong Kong Criminal Closed list No
India Criminal Closed list No (only, and not very succinctly, for corruption offenses). 
Indonesia Criminal
(until 2022 it was Administrative) 
Open list Yes
Japan Criminal Closed list Yes
Laos Criminal Open list Yes
Malaysia Criminal Closed list Yes (only for certain specific offenses).
New Zealand Criminal Closed list Yes
Papua New Guinea Criminal Closed list Yes
Philippines Administrative Closed list No
Singapore Criminal Closed list Yes
South Korea Criminal Closed list Yes, in specific laws. 
Sri Lanka Administrative Closed list No
Thailand Criminal Closed list No
Taiwan Criminal Closed list Yes
Vietnam Criminal Closed list Yes


Compliance Department of Molins Defensa Penal.

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