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.
>> CLICK HERE TO READ THE ARTICLE IN VIETNAMESE
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