Why are many persons who embezzle property sentenced to death in Vietnam, while others are not? If offenders embezzle and then return all assets, will they be face a penalty of imprisonment in Vietnam?

Why are many persons who embezzle property sentenced to death in Vietnam, while others are not?

Pursuant to Clause 4, Article 353 of the 2015 Criminal Code, regulations on embezzlement are as follows:

1. Any person who abuses his/her position or power to embezzle property under his/her management assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 in any of the following circumstances shall face a penalty of 02 - 07 years' imprisonment:

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4. This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment, life imprisonment or death:

a) The property embezzled is assessed at ≥ VND 1,000,000,000;

b) The property damage caused by the offence is assessed at ≥ VND 5,000,000,000.

It can be said that the crime of embezzlement of property still applies the death penalty in cases of embezzlement of property worth 1,000,000,000 VND or more; Causing property damage of 5,000,000,000 VND or more. However, there is a basic principle stipulated in the criminal code, specifically at Point c, Clause 3, Article 40 of the 2015 Criminal Code as follows:

3. The life sentence shall not be executed in the following circumstances:

c) The person sentenced to death for embezzlement or taking bribes, after being sentenced, has returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime.

Therefore, there are many cases of embezzlement or bribery of very large amounts of money, but they meet the conditions of proactively returning at least three-quarters of the embezzled assets, accepting bribes and actively cooperating with the authorities in detecting, investigating, handling crimes or making great achievements, the court will not apply the death penalty. On the contrary, if the above conditions are not met, a verdict will be issued based on the nature and severity of the crime and value of corruption, with the highest level being the death penalty in Vietnam.

How much value of embezzlement will liable for criminal prosecution in Vietnam?

Pursuant to Clause 1, Article 353 of the 2015 Criminal Code, regulations on embezzlement are as follows:

1. Any person who abuses his/her position or power to embezzle property under his/her management assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 in any of the following circumstances shall face a penalty of 02 - 07 years' imprisonment:

a) The offender was disciplined for the same offence;

b) The offender has an unspent conviction for any of the offences specified in Section 1 of this Chapter.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves deceitful or dangerous methods;

c) The offence has been committed more than once;

d) The property appropriated is assessed at from VND 100,000,000 to under VND 500,000,000;

dd) The money or property embezzled was meant for poverty reduction, provision of benefits for wartime contributors, contribution to reserve funds, provision of emergency aid for people in areas suffering from a natural disaster or epidemic or extremely disadvantaged areas;

e) The property damage caused by the offence is assessed at from VND 1,000,000,000 to under VND 3,000,000,000;

g) The offence has a negative impact on life of officials, public employees and workers of an agency or organization.

Thus, considering the value of appropriation of 2,000,000 VND or more, criminal liability has been prosecuted, or less than 2,000,000 VND but falls under the above cases and has been disciplined for this behavior. Violators will still be prosecuted according to the above legal provisions in Vietnam.

Why are many persons who embezzle property sentenced to death in Vietnam, while others are not? If offenders embezzle and then return all assets, will they be face a penalty of imprisonment in Vietnam? (Image from the Internet)

If offenders embezzle and then return all assets, will they be face a penalty of imprisonment in Vietnam? 

Pursuant to Article 353 of the 2015 Criminal Code, regulations on embezzlement are as follows:

1. Any person who abuses his/her position or power to embezzle property under his/her management assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 in any of the following circumstances shall face a penalty of 02 - 07 years' imprisonment:

a) The offender was disciplined for the same offence;

b) The offender has an unspent conviction for any of the offences specified in Section 1 of this Chapter.

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Point c Clause 3 Article 40 of the 2015 Criminal Code is as follows:

3. The life sentence shall not be executed in the following circumstances:

c) The person sentenced to death for embezzlement or taking bribes, after being sentenced, has returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime.

Therefore, the issue of returning embezzled assets is a condition to escape the death penalty for the sentence that stipulates the maximum penalty is death and it is considered that full declaration, sincerity, confession and repentance can be effective. may be a mitigating circumstance, but criminal prosecution is still carried out in Vietnam.

Best regards!