This is noteworthy content mentioned in the Draft Resolution guiding the application of several provisions of the Criminal Code regarding corruption crimes, position-related crimes, and the trial of corruption and position-related cases.
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Guidelines for applying punishments to individuals committing corruption and position-related crimes (Illustrative Image)
This Draft Resolution provides guidelines for applying punishments to individuals committing corruption and position-related crimes as follows:
- Apply strict punishments to those who are masterminds, leaders, commanders, stubborn resisters, use cunning tricks, have professional characteristics, act out of personal motives for profit, persist in committing crimes, and intentionally cause particularly serious consequences.
- Do not apply death penalty in cases where the offender commits embezzlement of property, accepts bribes, and after being discovered, voluntarily returns at least three-quarters of the embezzled or bribed property and actively cooperates with authorities in detecting, investigating, and handling the crime or achieves important merits.
- Do not apply the highest punishment level within the penalty framework to cases where the offender of corruption and position-related crimes, after being discovered, voluntarily returns at least three-quarters of the misappropriated property, bribed property, or compensates at least three-quarters of the damage caused by the crime.
In cases where the offender has additional mitigating circumstances for criminal responsibility as stipulated in Clause 1, Article 51 of the Criminal Code 2015, they may receive a punishment below the lowest level of the applicable penalty framework but within the adjacent lighter framework of the law as stipulated in Article 54 of the Criminal Code.
- Apply punishment below the lowest level of the penalty framework but not necessarily within the adjacent lighter framework of the law in the following cases:
- The offender voluntarily returns all misappropriated property, actively mitigates all damage caused, but is not exempt from punishment;- The offender is a dependent, subordinate, wage-earner, following the orders of a superior without personal benefit and does not qualify for punishment exemption.
- In cases where the law prescribes additional penalties of confiscation of part or all of the property, the Court must apply this additional penalty to the property owned by the offender if they cannot prove the lawful origin of that property.
Additionally, this Draft also proposes scenarios for exemption from punishment for corruption and position-related crimes including:
- The offender voluntarily returns all misappropriated property, actively mitigates all damage caused, except in cases of very serious crimes or particularly serious crimes.
- The offender is a dependent, subordinate, wage-earner, following the orders of a superior without fully being aware of the criminal act, does not personally benefit, and after committing the crime, sincerely confesses, shows remorse, and effectively contributes to the investigation and handling of the crime but is not exempt from criminal responsibility as per the guidance in Clause 2, Article 5 of this Draft Resolution.
- The briber, the bribe broker who voluntarily confesses after being discovered, and effectively contributes to the detection and handling of the crime.
- Other cases as prescribed by law.
Details of these guidelines can be found at Draft Resolution on Guidelines for Applying the Provisions of the Criminal Code in Adjudicating Corruption and Position-Related Crimes.
Le Hai
