What is the maximum sentence for abuse of power or position to influence another person for personal gain in Vietnam?
What is the maximum sentence for abuse of power or position to influence another person for personal gain in Vietnam? What is the age of criminal responsibility for abuse of power or position to influence another person for personal gain in Vietnam?
What is the maximum sentence for abuse of power or position to influence another person for personal gain in Vietnam?
Pursuant to Article 358 of the Criminal Code in 2015 (amended by Clause 1.r Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating abuse of power or position to influence another person for personal gain in Vietnam:
Abuse of power or position to influence another person for personal gain
1. Any person who abuses his/her position or power to directly or through an intermediary request, receive or promise to receive any of the following benefits in order to influence an office-holder to perform or not to perform certain duties or tasks or to commit a prohibited act shall face a penalty of 01 - 06 years' imprisonment:
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4. This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment or life imprisonment:
a) The money, property or other tangible benefits are 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.
As regulated above, any person who abuses his/her position or power to directly or through an intermediary request, receive or promise to receive any of the following benefits in order to influence an office-holder to perform or not to perform certain duties or tasks or to commit a prohibited act shall be liable to the offence of abuse of power or position to influence another person for personal gain.
- Money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 but the offender was disciplined for the same offence;
- Intangible benefits.
The offender of abuse of power or position to influence another person for personal gain shall face a penalty of 01 - 20 years' imprisonment or life imprisonment.
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.
As regulated above, the maximum sentence for abuse of power or position to influence another person for personal gain in Vietnam is life imprisonment.
What is the maximum sentence for abuse of power or position to influence another person for personal gain in Vietnam? - image from internet
What is the age of criminal responsibility for abuse of power or position to influence another person for personal gain in Vietnam?
Pursuant to Article 12 of the Criminal Code in 2015 (amended by Clause 3 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating the age of criminal responsibility:
Age of criminal responsibility
1. A person from 16 years of age and above shall bear criminal responsibility for every crime, except for those otherwise prescribed by this document.
2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304 hereof.
As regulated above, a person from 16 years of age and above shall bear criminal responsibility for abuse of power or position to influence another person for personal gain in Vietnam.
What are cases in which a criminal offender is exempt from criminal responsibility in Vietnam?
Pursuant to Clause 1 Article 29 of the Criminal Code in 2015 stipulating basis for exemption from criminal responsibility:
Basis for exemption from criminal responsibility
1. A criminal offender shall be exempt from criminal responsibility on one of the following bases:
a) A policy or law is changed during the process of investigation, prosecution or trial and accordingly, the offender's act is no longer dangerous to society;
b) A general amnesty is granted.
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As regulated above, a criminal offender shall be exempt from criminal responsibility on one of the following bases:
- A policy or law is changed during the process of investigation, prosecution or trial and accordingly, the offender's act is no longer dangerous to society;
- A general amnesty is granted.
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