26/09/2024 15:30

Compilation of 40 appellate judgments on the crime of abuse of position and authority in the execution of official duties in Vietnam

What are penalties for the crime of abuse of position and authority in the execution of official duties in Vietnam? What are appellate judgments on the crime of abuse of position and authority in the execution of official duties in Vietnam

1. What are penalties for the crime of abuse of position and authority in the execution of official duties in Vietnam?

As stipulated in Article 356 of the 2015 Penal Code (amended and supplemented in 2017):

Article 356. Abuse of position and authority in the execution of official duties

1. Any person who, for profiteering or other personal motives, abuses their position and authority to act contrary to official duties causing damage to property worth between VND 10,000,000 and under VND 200,000,000 or causing other damage to the interests of the State, the lawful rights and interests of organizations or individuals, shall be subject to Community sentence for up to 03 years or imprisonment from 01 year to 05 years.

2. Committing the crime in any of the following circumstances shall be subject to imprisonment from 05 years to 10 years:

a) Organized;

b) Committing the crime 02 times or more;

c) Causing damage to property worth between VND 200,000,000 and under VND 1,000,000,000.

3. Committing the crime causing damage to property worth VND 1,000,000,000 or more shall be subject to imprisonment from 10 years to 15 years.

4. The offender shall also be banned from holding certain positions from 01 year to 05 years and may be fined from VND 10,000,000 to VND 100,000,000.

The framework of penalties for the crime of abuse of position and authority in the execution of official duties is as follows:

- Basic framework: Community sentence for up to 03 years or imprisonment from 01 year to 05 years;

- Aggravating framework:

+ Imprisonment from 05 years to 10 years

+ Imprisonment from 10 to 15 years

- Additional penalty: Banned from holding certain positions from 01 year to 05 years, fined from VND 10,000,000 to VND 100,000,000.

2. Compilation of 40 appellate judgments on the crime of abuse of position and authority in the execution of official duties in Vietnam

Below is a compilation of 40 appellate judgments on the crime of abuse of position and authority in the execution of official duties in Vietnam:

No.	Name of the judgment	Date of issue	Issuing authority
1	Judgment 130/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	24/09/2023	People's Court of Hai Duong Province
2	Judgment 152/2020/HS-PT on the crime of abuse of position and authority in the execution of official duties	10/03/2020	People's Court of Ho Chi Minh City
3	Judgment 115/2022/HS-PT on the crime of abuse of position and authority in the execution of official duties	13/07/2022	People's Court of Tay Ninh
4	Judgment 405/2020/HS-PT on the crime of abuse of position and authority in the execution of official duties	15/08/2020	High People's Court in Hanoi
5	Judgment 05/2022/HS-PT on the crime of abuse of position and authority in the execution of official duties	24/02/2022	People's Court of Bac Ninh
6	Judgment 03/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	11/01/2023	People's Court of Bac Giang
7	Judgment 900/2022/HS-PT on the crime of abuse of position and authority in the execution of official duties	12/12/2022	High People's Court in HCMC
8	Judgment 208/2020/HS-PT on the crime of abuse of position and authority in the execution of official duties	21/05/2020	High People's Court in Hanoi
9	Judgment 454/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	30/05/2023	People's Court of Hanoi
10	Judgment 17/2023/HS-PT về tội lợi dụng chức vụ quyền hạn trong khi thi hành công vụ	24/05/2023	People's Court of Tuyen Quang
11	Judgment 27/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	21/02/2023	People's Court of Ho Chi Minh City
12	Judgment 15/2023/HS-PT về tội lợi dụng chức vụ quyền hạn trong khi thi hành công vụ	16/03/2023	People's Court of Binh Phuoc
13	Judgment 465/2023/HS-PT về tội lợi dụng chức vụ quyền hạn trong khi thi hành công vụ	20/06/2023	High People's Court in Hanoi
14	Judgment 492/2020/HS-PT về tội lợi dụng chức vụ quyền hạn trong khi thi hành công vụ	30/09/2020	High People's Court in Hanoi
15	Judgment 19/2020/HS-PT on the crime of abuse of position and authority in the execution of official duties	08/05/2020	People's Court of Lao Cai
16	Judgment 106/2023/HS-PT về tội lợi dụng chức vụ quyền hạn trong khi thi hành công vụ	25/08/2023	People's Court of Hai Duong
17	Judgment 44/2022/HS-PT on the crime of abuse of position and authority in the execution of official duties	12/09/2022	People's Court of Bac Ninh
18	Judgment 294/2021/HS-PT on the crime of abuse of position and authority in the execution of official duties	15/12/2021	People's Court of Dong Nai
19	Judgment 70/2022/HS-PT on the crime of abuse of position and authority in the execution of official duties	29/04/2022	People's Court of Tay Ninh
20	Judgment 398/2022/HS-PT về tội lợi dụng chức vụ quyền hạn trong khi thi hành công vụ	05/05/2022	People's Court of Hanoi
21	Judgment 37/2023/HS-PT về tội lợi dụng chức vụ quyền hạn trong khi thi hành công vụ	26/04/2023	People's Court of Nam Dinh
22	Judgment 125/2022/HS-PT on the crime of abuse of position and authority in the execution of official duties	08/12/2022	People's Court of Hai Phong
23	Judgment 08/2024/HS-PT về tội lợi dụng chức vụ quyền hạn trong khi thi hành công vụ	04/01/2024	People's Court of Son La
24	Judgment 741/2022/HS-PT on the crime of abuse of position and authority in the execution of official duties	27/09/2022	High People's Court in HCMC
25	Judgment 06/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	08/02/2023	People's Court of Nam Dinh
26	Judgment 797/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	13/10/2023	People's Court of Hoa Binh
27	Judgment 57/2022/HS-PT on the crime of abuse of position and authority in the execution of official duties	13/12/2022	People's Court of Hoa Binh
28	Judgment 643/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	23/08/2023	High People's Court in Hanoi
29	Judgment 04/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	10/01/2023	People's Court of Lam Dong
30	Judgment 128/2024/HS-PT on the crime of abuse of position and authority in the execution of official duties	11/04/2024	High People's Court in Da Nang
31	Judgment 97/2023/HS-PT về tội lợi dụng chức vụ quyền hạn trong khi thi hành công vụ	01/08/2023	People's Court of Hai Duong Province
32	Judgment 90/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	02/08/2023	People's Court of Tay Ninh
33	Judgment 815/2023/HS-PT về tội lợi dụng chức vụ quyền hạn trong khi thi hành công vụ	24/10/2023	High People's Court in HCMC
34	Judgment 51/2023/HS-PT về tội lợi dụng chức vụ quyền hạn trong khi thi hành công vụ	22/05/2023	People's Court of Tay Ninh
35	Judgment 296/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	17/05/2023	High People's Court in HCMC
36	Judgment 108/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	11/03/2023	High People's Court in Hanoi
37	Judgment 797/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	13/10/2023	People's Court of Hoa Binh
38	Judgment 06/2023/HS-PT on the crime of abuse of position and authority in the execution of official duties	08/02/2023	People's Court of Nam Dinh
39	Judgment 741/2022/HS-PT on the crime of abuse of position and authority in the execution of official duties	27/09/2022	High People's Court in HCMC
40	Judgment 125/2022/HS-PT on the crime of abuse of position and authority in the execution of official duties	08/12/2022	People's Court of Hai Phong

- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn

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