What is the sentence bracket for abuse of power or position to influence another person for personal gain in Vietnam?
- What is the sentence bracket for abuse of power or position to influence another person for personal gain in Vietnam?
- Which category of crime does the act of abuse of power or position to influence another person for personal gain (in case the property damage is assessed at ≥ VND 5,000,000,000) fall into?
- Vietnam: What is the iime limit for criminal prosecution for the act of abuse of power or position to influence another person for personal gain, in case the property damage is assessed at ≥ VND 5,000,000,000?
What is the sentence bracket for abuse of power or position to influence another person for personal gain in Vietnam?
Pursuant to the provisions of Article 358 of the 2015 Criminal Code, supplemented by Point r, Clause 1, Article 2 of the Law on amendments to the Criminal Code 2017, regulations on the sentence bracket for abuse of power or position to influence another person for personal gain as follows:
Bracket 1: Any person who abuses his/her position or power to directly or through an intermediary request, receive or promise to receive any of the following benefits in order to influence an office-holder to perform or not to perform certain duties or tasks or to commit a prohibited act shall face a penalty of 01 - 06 years' imprisonment:
- Money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 but the offender was disciplined for the same offence;
- Intangible benefits.
Bracket 2: This offence committed in any of the following circumstances carries a penalty of 06 - 13 years' imprisonment:
- The offence is committed by an organized group;
- The offence has been committed more than once;
- The money, property or other tangible benefits are assessed at from VND 100,000,000 to under VND 500,000,000;
- The property damage caused by the offence is assessed at from VND 1,000,000,000 to under VND 3,000,000,000.
Bracket 3: This offence committed in any of the following circumstances carries a penalty of 13 - 20 years' imprisonment:
- The money, property or other tangible benefits are assessed at from VND 500,000,000 to under VND 1,000,000,000;
- The property damage caused by the offence is assessed at from VND 3,000,000,000 to under VND 5,000,000,000.
Bracket 4: This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment or life imprisonment:
- The money, property or other tangible benefits are assessed at ≥ VND 1,000,000,000;
- The property damage caused by the offence is assessed at ≥ VND 5,000,000,000.
The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 100,000,000.
Thus, depending on the severity of the crime, the offence may face a penalty from 01 years' imprisonment to life imprisonment.
What is the sentence bracket for abuse of power or position to influence another person for personal gain in Vietnam? (Image from the Internet)
Which category of crime does the act of abuse of power or position to influence another person for personal gain (in case the property damage is assessed at ≥ VND 5,000,000,000) fall into?
According to the above regulations, for abuse of power or position to influence another person for personal gain, in case the property damage is assessed at ≥ VND 5,000,000,000, the offender might faces a penalty of 20 years' imprisonment or life imprisonment.
Pursuant to Article 9 of the 2015 Criminal Code as amended by Clause 2, Article 1 of the Law on amendments to the Criminal Code 2017, it is stipulated as follows:
Classification of crimes
1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:
a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;
b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;
c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;
d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.
2. Crimes committed by corporate legal entities are classified by their nature and danger to society as prescribed in Clause 1 of this Article. The same are applied to the crimes specified in Article 76 hereof.
Thus, the abuse of power or position to influence another person for personal gain (in case the property damage is assessed at ≥ VND 5,000,000,000) is an extremely serious crime.
Vietnam: What is the iime limit for criminal prosecution for the act of abuse of power or position to influence another person for personal gain, in case the property damage is assessed at ≥ VND 5,000,000,000?
For abuse of power or position to influence another person for personal gain, in case the property damage is assessed at ≥ VND 5,000,000,000, the offender might faces a penalty of 20 years' imprisonment or life imprisonment.
Pursuant to the provisions of Article 9 of the 2015 Criminal Code as amended by Clause 2, Article 1 of the Law on amendments to the Criminal Code 2017, it is stipulated as follows:
Classification of crimes
1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:
a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;
b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;
c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;
d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.
2. Crimes committed by corporate legal entities are classified by their nature and danger to society as prescribed in Clause 1 of this Article. The same are applied to the crimes specified in Article 76 hereof.
In addition, pursuant to the provisions of Article 27 of the 2015 Criminal Code, it is stipulated as follows:
Time limit for criminal prosecution
1. The time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.
2. Time limits for criminal prosecution:
a) 05 years for less serious crimes;
b) 10 years for serious crimes;
c) 20 years for very serious crimes;
d) 20 years for extremely serious crimes.
3. The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out in Clause 2 of this Article, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.
During the time limit set out in Clause 2 of this Article, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.
Thus, the abuse of power or position to influence another person for personal gain (in case the property damage is assessed at ≥ VND 5,000,000,000) is an extremely serious crime.
Therefore, the time limit for criminal prosecution is 20 years.
*Notes:
The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit for criminal prosecution, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.
During the time limit for criminal prosecution, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested
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