What are penalties for Deputy Chief Justice of the Provincial Court who receives a bribe of 100 million in Vietnam?

What are penalties for Deputy Chief Justice of the Provincial Court who receives a bribe of 100 million in Vietnam?

Article 354 of the 2015 Penal Code, supplemented by Point r, Clause 1, Article 2 of the Law amending the 2017 Penal Code, stipulates the crime of accepting bribes as follows:

1. Any person who abuses his/her power to directly or through an intermediary receive or promise to receive any of the following benefits for himself/herself or for another person or organization as a condition to act or not to act in the interests of or at the request of the bribe giver shall face a penalty of 02 - 07 years' imprisonment:

a) Money, property or other tangible benefit assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 but the bribe recipient has incurred a disciplinary penalty for the same offence or has an unspent conviction for any of the offences specified in Section 1 of this Chapter ;

b) Intangible benefits.

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 offender abuses his/her position or power to commit the offence;

c) The bribe is money, property or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000,000;

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

dd) The offence has been committed more than once;

e) The offender knows that the bribe is state property;

g) The offender solicits bribes or employ a deceitful method to take bribes.

3. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment:

a) The bribe is money, property or other tangible benefits assessed at from VND 500,000,000 to under VND 1,000,000,000;

b) The property damage caused by the offence is assessed at from VND 3,000,000,000 to under VND 5,000,000,000.

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

a) The bribe is money, property or other tangible benefits assessed at ≥ VND 1,000,000,000;

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

5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 100,000,000 or have part or all of his/her property confiscated.

6. Officer-holders in enterprises and organizations other than state organizations who take bribes shall be dealt with in accordance with this Article.

Thus, if the Deputy Chief Judge of the Provincial Court takes a bribe of 100 million, this person can be sentenced to imprisonment from 7 to 15 years. At the same time, this person is also banned from holding certain positions from 01 year to 05 years, may be fined from 30,000,000 VND to 100,000,000 VND, and have part or all of his assets confiscated in Vietnam. However, the specific fine will depend on the investigation agency's conclusion and the Court's decision.

Is the crime of accepting bribes punishable by death in Vietnam?

Clause 4, Article 354 of the 2015 Penal Code stipulates as follows:

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

a) The bribe is money, property or other tangible benefits assessed at ≥ VND 1,000,000,000;

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

In addition, Clauses 3 and 4, Article 40 of the 2015 Penal Code stipulate the death penalty as follows:

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

a) The convict is pregnant or a woman raising a child under 36 months of age;

b) The sentenced person is 75 years of age or older;

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.

4. In the circumstances specified in Clause 3 of this Article or the death sentence is commuted, the death sentence shall be replaced with life imprisonment.

According to this Article, anyone who commits acts of taking bribes worth VND 1,000,000,000 or more or causing property damage of VND 5,000,000,000 or more may be subject to the death penalty. However, if the person sentenced to death for bribery actively surrenders at least three-quarters of the bribed assets and actively cooperates with the authorities in detecting, investigating, and handling the crime or making a great contribution, this person's sentence can be changed from death to life imprisonment in Vietnam.

Will the person who gives bribe to the Deputy Chief Justice of the Provincial Court face a penalty of imprisonment in Vietnam?

Clause 2, Article 364 of the 2015 Penal Code stipulates giving bribes as follows:

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves deceitful methods;

c) The bribe is state property;

d) The offender abuses his/her position or power to commit the offence;

dd) The offence has been committed more than once;

e) The bribe is money, property or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000,000.

According to the above regulations in Vietnam, a person who gives bribe 100 million to the Deputy Chief Justice of the Provincial Court can be sentenced to imprisonment from 02 to 07 years in Vietnam. However, whether this person will be criminally prosecuted and what the penalty will be depends on the conclusion of the investigation agency and the decision of the Court.

Best regards!