11/02/2023 11:50

To distinguish between acts of negligence that result in serious consequences and deliberate destruction of property of the State, agencies, organizations, and enterprises in Vietnam

To distinguish between acts of negligence that result in serious consequences and deliberate destruction of property of the State, agencies, organizations, and enterprises in Vietnam

The acts of negligence that result in serious consequences and the deliberate destruction of property owned by the State, agencies, organizations, and enterprises are quite common these days in Vietnam. How do you distinguish between these two acts? "Phuong Thao-Quang Ngai, Vietnam"

Hello, Lawnet would like to answer your following questions:

Both of these crimes are committed with an unintentional error, which can be unintentional due to overconfidence or unintentional due to negligence. However, there are also some differences between the two crimes based on the following criteria:

Criteria

Negligence that results in serious consequences

Deliberate destruction of property of the State, agencies, organizations and enterprises

Legal basis

Article 360 of the Criminal Code Article 360 of the Criminal Code

Objects

Is the proper operation of the agency or organization; weakens agencies and organizations, losing credibility and people's trust in the regime; causes serious loss or waste to the properties of agencies and organizations; and causes cadres and civil servants in their agencies and organizations to degenerate and degenerate. 

Is ownership of the property held by the property manager, the State, agencies, organizations, and legal regulations governing human-property relations.

Objective side

 

The objective behavior of a criminal is an irresponsible act that fails to perform or improperly performs assigned tasks.

Irresponsible behavior in the management and administration of persons with positions and powers is manifested as: violations of principles, policies, and regimes related to State management, people management, property management, etc.

The objective behavior of this crime is reflected in the lack of responsibility due to the failure to implement or inadequately implement regulations on the management, use, and protection of property by the state, its agencies, organizations, and enterprises, causing damage to the properties of the above subjects.

Responsibility for asset management, use, and protection is specified in legal documents or separate documents of agencies, organizations, and enterprises, such as: rules, regulations, collective agreements, etc. Acts of irresponsibility in the management, use, and protection of property shall only be criminally prosecuted for this crime if they cause damage (such as: loss, damage, or waste) to State property, agencies, organizations, and enterprises worth VND 100,000,000 or more.

.

Subject

Subject is a person who has positions and powers related to criminal acts.

Subject is the person who has the task of directly managing the assets of the above subjects and is a person aged 16  or older with criminal liability capacity.

Penalties

- Basic framework: non-custodial reform for up to 3 years or imprisonment from 6 months to 5 years.

+ Heavy frame:

Imprisonment from 3 years to 07 years

Imprisonment from 7 to 12 years

- Additional penalty: banned from holding certain posts, practicing certain professions or doing certain jobs from 01 to 05 years.

- Basic framework: non-custodial reform for up to 3 years.

+ Heavy frame:

Imprisonment from 1 year to 5 years

Imprisonment from 05 years to 10 years

- Additional penalty: banned from holding certain posts, practicing certain professions or doing certain jobs from 01 to 05 years.

 

Reference jugdment

- Judgment on the crime of irresponsibility causing serious consequences No. 77/2022/HSPT 

- Judgment on the crime of irresponsibility causing serious consequences No. 35/2020/HSST

- Judgment on the crime of irresponsibility causing serious consequences No. 50/2021/HSPT

- Judgment 738/2020/HS-PT dated November 25, 2020 on the crime of irresponsibility causing damage to property of the State, agencies, organizations and enterprises

- Judgment 14/2019/HS-ST dated November 15, 2019 on the crime of irresponsibility causing damage to property of the State, agencies, organizations and enterprises

- Judgment 16/2019/HS-ST dated November 21, 2019 on the crime of irresponsibility causing damage to property of the State, agencies, organizations and enterprises

Bui Thi Nhu Y
169


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