What is an original crime? Will the prosecution of criminal liability for money laundering be carried out simultaneously with the criminal prosecution of the original crimes in Vietnam?
What is an original crime in Vietnam?
Original crime is a concept considered in the components of money laundering. Specifically, Article 3 of Resolution 03/2019/NQ-HDTP provides:
Original crimes
1. Original crimes are the crimes prescribed in the Criminal Code and the property acquired from such crimes is subject to money laundering charges (e.g. murder; intentionally inflicting injury or harm to the health of other persons; human trafficking, trafficking of a person under 16, robbing property, kidnapping for ransom, property theft, obtaining property by fraud, abusing trust in appropriating property; smuggling, illegally transporting goods and money across the border, producing and trading banned goods, storing and transporting banned goods, production and trading counterfeit goods; tax evasion, making, storing, transporting and circulating counterfeit money, manipulating the stock market, copyright infringement and related issues, violating regulations on protection of wild animals, causing environmental pollution, violating regulations on protection of endangered, precious and rare animals, illegal storage of narcotics drugs, illegally transporting narcotics, illegally buying and selling narcotics; appropriating narcotics drugs; terrorism; sponsoring terrorism; kidnapping hostages; fabricating, storing, transporting, using, illegally trading or appropriating military weapons and military technical devices; gambling; organizing gambling or running gambling den; property embezzlement; bribery; abusing positions, powers to appropriate property ...). Original crimes can be committed by Vietnamese citizens, Vietnamese commercial entities, stateless people who are permanently residing in Vietnam within or outside the territory of the Socialist Republic of Vietnam.
Crimes committed outside the territory of the Socialist Republic of Vietnam by foreign citizens, foreign legal persons are also considered original crimes if they are prescribed in the Criminal Code of Vietnam or law of the criminal’s home country/territory.
2. The prosecution of criminal liability for money laundering can be carried out simultaneously with the criminal prosecution of the original crimes and does not exclude the criminal prosecution of the original crimes.
Accordingly, Original crimes are the crimes prescribed in the Criminal Code and the property acquired from such crimes is subject to money laundering charges
e.g. murder; intentionally inflicting injury or harm to the health of other persons; human trafficking, trafficking of a person under 16, robbing property, kidnapping for ransom, property theft, obtaining property by fraud, abusing trust in appropriating property;...
What is an original crime? Will the prosecution of criminal liability for money laundering be carried out simultaneously with the criminal prosecution of the original crimes in Vietnam? (Image from the Internet)
Will the prosecution of criminal liability for money laundering be carried out simultaneously with the criminal prosecution of the original crimes in Vietnam?
Pursuant to Clause 2, Article 3 of Resolution 03/2019/NQ-HDTP stipulates:
Original crimes
…
2. The prosecution of criminal liability for money laundering can be carried out simultaneously with the criminal prosecution of the original crimes and does not exclude the criminal prosecution of the original crimes.
Accordingly, the prosecution of criminal liability for money laundering can be carried out simultaneously with the criminal prosecution of the original crimes and does not exclude the criminal prosecution of the original crimes.
Vietnam: Shall a person who commits money laundering face death?
Pursuant to Article 324 of the Criminal Code 2015 (amended by Clause 122 Article 1 of the Law on amendments to the Criminal Code 2017):
Money laundering
1. A person who commits any of the following acts shall face a penalty of 01 - 05 years' imprisonment:
a) Directly or indirectly participating in finance transactions, banking transactions, or other transactions to conceal the illegal origin of the money or property obtained through his/her commission of a crime, or obtained through another person's commission of a crime to his/her knowledge;
b) Using money or property obtained through his/her commission of a crime or obtained through another person's commission of a crime to his/her knowledge for doing business or other activities;
c) Concealing information about the true origin, nature, location, movement, or ownership of money or property obtained through his/her or commission of a crime or obtained through another person's commission of a crime to his/her knowledge, or obstructing the verification of such information;
d) Committing any of the offences specified in Point a through c of this Clause while knowing that the money or property is obtained through transfer, conversion of money or property obtained through another person's commission of a crime.
2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:
a) The offence is committed by an organized group;
b) The offender misuses his/her position or power to commit the offence;
c) The offence has been committed more than once;
d) The offence is committed in a professional manner;
dd) The offence involves deceitful methods;
e) The illegal money or property is assessed at from VND 200,000,000 to under VND 500,000,000;
g) The illegal profit earned is from VND 50,000,000 to under VND 100,000,000;
h) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:
a) The illegal money or property is assessed at ≥ VND 500,000,000;
b) The illegal profit earned is ≥ VND 100,000,000;
c) The offence has a negative impact on security of the national currency or finance system.
4. A person that prepares for the commission of this offence shall face a penalty of 06 – 36 months’ imprisonment.
5. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property confiscated.
6. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:
a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 5,000,000,000;
b) A corporate legal entity that commits this offence in any of the circumstances specified in Point a, c, d, dd, e, g, h Clause 2 of this Article shall be liable to fine of from VND 5,000,000,000 to VND 10,000,000,000;
c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 10,000,000,000 to VND 20,000,000,000 or has its operation suspended for 01 - 03 years;
d) A corporate legal entity that commits this offence in the circumstance specified in Article 79 hereof shall be permanently shut down;
dd) The violating corporate legal entity might also be liable to a fine of from VND 1,000,000,000 to VND 5,000,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.
Accordingly, there is no death penalty under the Criminal Code 2015 for money laundering.
LawNet