Is the crime of accepting bribes punishable by the death penalty? When is the statute of limitations for criminal prosecution not applicable to the crime of accepting bribes?
Are Bribery Charges Punishable by the Death Penalty? When is the Statute of Limitations Not Applicable to Bribery Offenses?
- Are bribery charges punishable by the death penalty? The legal implications of accepting bribery can carry severe penalties, including potentially the death penalty, depending on the severity and circumstances of the offense.- When is the statute of limitations not applicable to bribery offenses? There are specific cases delineated by law where the statute of limitations does not apply to the prosecution of bribery offenses. These exceptions typically involve high-level corruption cases or situations involving national security.Note: This is a general translation and individuals should refer to specific legal documents or consult with a legal professional for detailed information and guidance.Is the crime of accepting bribes punishable by the death penalty?
Based on Article 354 of the Criminal Code 2015 supplemented by point r, clause 1, Article 2 of the Law Amending the Criminal Code 2017, the crime of accepting bribes is regulated as follows:
Article 354. Crime of accepting bribes
- Anyone who exploits their position or power directly or through an intermediary to receive or will receive any of the following benefits for themselves or for another person or organization in return for performing or refraining from performing a task that benefits or is at the request of the briber, shall be subject to imprisonment for 02 years to 07 years:
a) Money, property, or other material benefits valued between 2,000,000 VND to under 100,000,000 VND, or under 2,000,000 VND but has been disciplined for this act and still commits the crime, or has been convicted for one of the crimes specified in Section 1 of this Chapter and has not been expunged yet commits the crime again;
b) Non-material benefits.
- Committing the crime in one of the following cases shall be subject to imprisonment for 07 years to 15 years:
a) Organized crime;
b) Abuse of position or power;
c) The bribe is money, property, or other material benefits valued between 100,000,000 VND to under 500,000,000 VND;
[...]
According to the above regulations, the person who commits the crime of accepting bribes shall be subject to imprisonment from 02 years to 20 years, life imprisonment, or the death penalty depending on the severity of the violation.
Additionally, the offender is prohibited from holding certain positions for 01 to 05 years, may be fined from 30,000,000 VND to 100,000,000 VND, and may have part or all of their property confiscated.
Note: Persons holding positions or power in non-state enterprises and organizations who accept bribes shall be dealt with according to the crime of accepting bribes.
Is the crime of accepting bribes punishable by the death penalty? When is the statute of limitations not applied for the crime of accepting bribes? (Image from the Internet)
When is the statute of limitations not applied for the crime of accepting bribes?
Based on Article 28 of the Criminal Code 2015 which regulates not applying the statute of limitations:
Article 28. Not applying the statute of limitations for criminal prosecution
The statute of limitations for criminal prosecution specified in Article 27 of this Code does not apply to the following crimes:
Crimes infringing upon national security as specified in Chapter XIII of this Code;
Crimes of undermining peace, against humanity, and war crimes as specified in Chapter XXVI of this Code;
Crimes of embezzlement of property in the cases specified in clauses 3 and 4 of Article 353 of this Code; the crime of accepting bribes in the cases specified in clauses 3 and 4 of Article 354 of this Code.
According to the above regulations, the statute of limitations for criminal prosecution does not apply for the crime of accepting bribes in the following cases:
- The bribe is money, property, or other material benefits valued from 500,000,000 VND or more.- Causing property damage of 3,000,000,000 VND or more.
Can a person who commits the crime of accepting bribes avoid the death penalty by returning the bribe?
Based on clause 3 of Article 40 of the Criminal Code 2015 which regulates the death penalty:
Article 40. Death penalty
[...]
- The death penalty shall not be executed on the convicted person if they fall under one of the following cases:
a) Women who are pregnant or women nursing children under 36 months old;
b) Persons 75 years of age or older;
c) Persons convicted of embezzlement of property, accepting bribes who have, after being convicted, voluntarily returned at least three-quarters of the embezzled or bribed assets and actively cooperated with authorities to detect, investigate, and handle crimes or have rendered great merit.
[...]
Based on clause 2 of Article 5 of Resolution 03/2020/NQ-HDTP, which regulates the principles of handling corruption crimes and other position-related crimes:
Article 5. Principles of handling corruption crimes and other position-related crimes
[...]
- During the proceedings, persons who commit the crime of property embezzlement, accepting bribes, have voluntarily returned at least three-quarters of the embezzled or bribed assets and have actively cooperated with authorities to detect, investigate, and handle crimes or have rendered great merit shall not be subjected to the highest level of the frame that they are prosecuted and tried.
[...]
In conclusion, persons who accept bribes and are sentenced to the death penalty can avoid the highest punishment by:
- Returning at least three-quarters of the bribed assets.- Actively cooperating with authorities in the detection, investigation, and handling of crimes or rendering great merit.
