06/10/2022 11:09

Is providing false declaration subject to criminal prosecution? Some typical judgments related to this issue in Vietnam

Is providing false declaration subject to criminal prosecution? Some typical judgments related to this issue in Vietnam

My brother lied to cover up a friend when he was taken by the investigating agency. Thus, I would like to ask if my brother will be prosecuted for criminal liability in Vietnam?

Thank you for your question. Lawnet would like to answer your question as follows:

Article 382 of Criminal Code 2015 (amended in 2017) of Vietnam stipulates the crime of providing false documents or giving false statements as follows:

"1. A witness, expert, valuator, translator, interpreter, advocate who gives a false conclusion, makes a false translation or provides documents in the knowledge that they are untruthful shall receive a warning or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence results in misjudgment of the case.

3. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence has been committed more than once;

b) The offence results in wrongful conviction of an innocent person or omission of a crime.

4. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.”

Thus, for your brother's act of making false statements to the investigating agency, he may be prosecuted for criminal responsibility for making false declarations. Depending on the nature and severity of the behavior and consequences, your brother may be subject to warning, non-custodial reform for up to 1 year or imprisonment for up to 7 years. In addition, there may also be additional penalties such as a ban from holding certain posts, practicing certain professions, or doing certain jobs for 1 to 5 years.

Below are some sentences that have been tried in practice for the crime of providing false documents or making false statements. Please refer to them for more information.

1. Judgment No. 196/2019/HS-ST dated 12/06/2019 for making false declaration

Summary: In the case of the empress and his accomplices in the crime of "illegal trading of drugs", the initial testimony of Nguyen Tran T (who is the owner of the TPH hotel) confirmed that in addition to renting room 505, he also rented rooms in 508 hotels in TPH from the end of September 2016 to October 5, 2016. On that basis, the Ho Chi Minh City Police Investigation Department conducted a search of room 508 and discovered 1,952,4579 grams of drugs. However, at the trial on August 25, 2017, Nguyen Tran T changed his testimony that room 508 was rented by Mr. NVT from September 28, 2016 to October 5, 2016. Through checking the registration book of the hotel TPH, from the end of September 2016 to October 5, 2016, there was no name of NVT who rented room 508. Until November 8, 2017 (after the emissary was arrested), the new TPH hotel registration book had room 508 rented by NVT.

The People's Court of Ho Chi Minh City decided to declare defendant Nguyen Tran T guilty of "false declaration." Sanction: Nguyen Tran T01 (one) year of non-custodial reform.

2. Judgment No. 18/2021/HS-PT dated 22/02/2021 for making false declarations

Tran Van Ng (M) and Nguyen Ngoc Bao Tr are related. To attract customers to the coffee shop, Tram allows customers to gamble and lose money at his shop. On November 26, 2018, when the police of Da Lat city checked, discovered and made a record to arrest the offender, at that time Nguyen Ngoc Bao Tr was hiding behind the house, so he was not arrested. Then Tr took a taxi to Tran Van Ng's house and asked Ng to jointly report to the Investigation Agency about Tr's sending wedding cards with Ng on the afternoon of being arrested to create an alibi. When the Da Lat City Police Investigation Agency invited Ng to work, Ng reported that at about 9 a.m. on November 26, 2018, Tr went to invite guests to the wedding with Ng until about 11 p.m. before returning to the cafe. When summoned for the second time, Ng still testified that Tr went to invite the wedding with him. On February 12, 2020, Nguyen Ngoc Bao Tr admitted that he was present at the gambling venue when he was caught by the police.

The People's Court of Lam Dong province decided to declare defendant Tran Van Ng (Tran Van M) guilty of "false declaration." Penalize Ng with 12 (twelve) months of non-custodial reform.

3. Judgment No. 90/2020/HS-PT dated September 11, 2020 for making false declarations

Although she knew that Bui Van C was being stripped of the right to use his driving license, Nguyen Thi Kim P still drove the car and handed over the truck to Bui Van C to drive. C drove a truck to cause a traffic accident for Mr. T and Mrs. H. Bui Van C called Nguyen Hung C (Mrs. P's husband) to report the accident. He was the car that caused the accident and told C to let the car down to take the victim to the emergency room. Then C discussed with Th that if the police came, Th would admit that he was the driver of the car instead of C because C did not have a driver's license.

After the accident happened, Nguyen Hung C and Nguyen Thi Kim P were the masterminds, inciting Nguyen Minh T to accept T as the driver of the car that caused the traffic accident on behalf of Bui Van C. The act of agreeing with the false declarations of Nguyen Hung C and Nguyen Minh T led to the fact that the Da Lat City Police Investigation Agency, the People's Procuracy of Da Lat, and the People's Court of Da Lat city had omitted the crime of Bui Van C.

The People's Court of Lam Dong province decided: Nguyen Hung C, the defendant, is guilty of "falsifying statements." Sentenced: Nguyen Hung C, 36 months in prison.

Phuong Uyen
77


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