Guideline on Identifying Assets Misappropriated Due to Corruption Offenses

Guidance on Determining Assets Misappropriated by Corruption Crimes (Illustration)

In this Draft, the following 05 contents are proposed for guidance:

- Guidance on the application of certain provisions of the Criminal Code regarding corruption and position crimes;- Guidance on determining assets misappropriated and damages caused by corruption and position crimes;- Guidance on recovering assets in corruption and position crime cases;- Guidance on resolving related civil transactions;- Guidance on the court's recommendations to competent state agencies during the trial process of corruption and position crime cases.

The determination of assets misappropriated and damages caused by corruption and position crimes has been a pressing issue that has not been fully addressed or specifically regulated. The Draft now provides detailed guidance on determining assets misappropriated and damages caused by corruption and position crimes. Specifically:

First, the value of assets misappropriated and damages caused by corruption and position crimes, used as a basis for criminal liability, is determined at the time the criminal act is committed. It is divided into 02 cases as follows:

- In the case of continuous and prolonged crime, the value of assets misappropriated and damages is determined at the conclusion of the criminal act.

- In the case where the criminal act is ongoing but is discovered, the value of assets misappropriated and damages is determined at the time the criminal act is discovered.

Second, the value of assets misappropriated and damages caused by corruption and position crimes, used as a basis for determining civil liability and applying judicial measures, is determined at the time of the case resolution.

Additionally, asset recovery in corruption and position crime cases is also an important issue requiring attention. This Draft provides guidance on recovering assets in corruption and position crime cases as follows:

- Assets misappropriated, assets obtained from corruption and position crimes, and profits arising from such assets must be immediately seized, inventoried, and frozen upon the detection of the criminal act by competent procedural authorities and must be confiscated and transferred to the state budget, destroyed, or returned to their lawful owners in accordance with the law.

- In cases where assets originating from corruption and position crimes have been incorporated into jointly-owned property, such assets should be confiscated and transferred to the state budget, destroyed, or returned to their lawful owners for the portion originating from corruption and position crimes in accordance with the law.

For detailed information, see Draft Resolution on Guidelines for Applying Criminal Code Provisions in Corruption and Position Crime Cases.

Le Hai

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