Determining the Value of Assets Appropriated and Damages Caused by Corruption and Other Position-Related Crimes
Based on Article 10 of Resolution 03/2020/NQ-HDTP, the determination of the value of assets appropriated and damages caused by corruption offenses and other offenses related to positions is stipulated as follows:
The value of appropriated assets serving as a basis for criminal handling is determined at the time of committing the offense. In case the crime is continuously or prolongedly committed, the value of appropriated assets is determined at the time the criminal act ends. For cases where criminal acts are ongoing but are detected and prevented, the value of the appropriated assets is determined at the time the criminal act is detected and prevented.
The property damage serving as a basis for criminal handling, depending on each specific case, is determined as follows:
a) In cases where damage occurs at the time the crime is committed, the damage is determined at this time; for continuously or prolongedly committed crimes, the damage is determined at the time the crime is detected and prevented or when the crime ends.
b) In cases where damage occurs or continues after the crime has been committed or after the crime has ended, the damage is determined at the time the damage is prevented.
c) In cases where the damage cannot be determined according to the guidance in points a and b of Clause 2 of this Article, the damage is determined at the time the case is prosecuted.
The consideration of civil liability is carried out in accordance with the provisions of civil law.
Respectfully.
