Headlines 21/01/2021 16:34 CH

Supreme People’s Court to explain several signs facing corruption charges

Cao Dung

On December 30, 2020, the Judicial Panel of the Supreme People’s Court has issued the Resolution No. 03/2020/NQ-HĐTP providing instructions about implementation of several regulations laid down in the 2015 Criminal Code on court proceedings against corruption and other position-related crimes.

The instrument gives certain explanations about several facts deemed signs prosecuted for commission of corruption crimes, specifically including:

- As quoted in clause 1 of Article 353, 354, 355 and 358, “Despite already being disciplined for an offence, he/she keeps committing offences” is deemed as a criminal sign in the following situations:

That offender was disciplined for his/her respective act if the limitation period during which he/she is deemed as not disciplined yet as prescribed in laws has not expired.

Example: Mr./Mrs. A is disciplined in the form of caution for his/her defalcation of VND 500,000 but, 06 month later, he/she commits an act of defalcation of VND 1,500,000.

- As quoted in clause 1 of Article 355 – Crime of abuse of power to misappropriate other person's property, “Abuse of power” is deemed as a criminal sign which is defined as:

Overusing powers, position of authority and duties delegated or assigned, or deliberately implementing those despite not being delegated or assigned in the sector under discussion.  

Example: As a Vice President of a provincial People’s Committee, though Mr./Mrs. A is not accorded authority over land-related affairs, he/she deliberately issues a decision to withdraw Mr. X's land to hand it over to Company Y (the company of Mr. A’s family).  

In addition, the Resolution gives certain explanations about several factors deciding the imposable sanction range such as acting in a cunning, dangerous manner or committing crimes at least twice.

The Resolution No. 03/2020/NQ-HĐTP is entering into force as of February 15, 2021.



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