Resolution No. 03/2020/NQ-HĐTP on Guidelines for certain regulations of the Criminal Code in adjucating corruption-related or other office tittle-related crimes issued by the Supreme People’s Court of Vietnam on December 12, 2020.
Article table of contents
According to the Resolution No. 03/2020/NQ-HĐTP, the Supreme People’s Court of Vietnam clearly states that approaches to corruption-related or office title-related crimes shall ensure the strict and thorough compliance with the rules of the criminal and criminal procedure laws.
In any stage of the proceedings, if the offender of embezzlement or taking bribes has voluntarily returned at least three fourths of the property embezzled or bribes taken and has closely cooperated with the authorities in the process of detection, investigation or trial of the crime or has made reparation in an effort to atone for the crime, he/she will not face the highest level of the sentence bracket for which he/she has been prosecuted or adjudicated.
Concurrently, the offender might be exempt from punishment as he/she deserves the leniency as prescribed in Article 59 of the Criminal Code of Vietnam if he/she has at least 02 mitigating circumstances as specified in clause 1 Article 51 of the Criminal Code or he has prior criminal record as a helper in a complicity but with a insignificant role in any of the following:
(1) The offender has no personal gain motive or other self-seeking purposes, but merely seeks to achieve innovation or breakthrough in the socio-economic development and defense of the Fatherland;
(2) The offender has a dependent relationship (such as subordinate and superior, salary earner, performing duties under the director of his/her superior), is not fully aware of his/her criminal act, has no personal gain motive or other self-seeking purposes, receives no benefit from the crime; not benefiting; has voluntarily reported the crime before being discovered, and has closely cooperated with the authorities in the process of detection, investigation or trial of the crime;
(3) The offender has voluntarily reported the crime before being discovered, has closely cooperated with the authorities, has helped limit the damage, has voluntarily returned the property appropriated, has remedied all of the consequences and has made restitution for the damage caused;
(4) The offender, upon being discovered, has expressed cooperative attitude and showed his/her repentance and desire to redeem his/her faults, has voluntarily returned the property appropriated, has remedied all of the consequences and has made restitution for the damage caused.
Moreover, also at this Resolution, the Supreme People’s Court of Vietnam provides detailed guidance on determining the value of appropriated assets and damage caused by crimes of corruption and other crimes related to position, specifically:
- The value of the appropriated property as the basis for criminal actions shall be determined at the moment of perpetration of the offense. If the offense is perpetrated in a continuous and prolonged manner, the value of the appropriated property shall be determined at the end of the offense. In case the offense is ongoing but detected or prevented, the value of the appropriated property is determined at the time the offense is detected and prevented.
- The damage of property as the basis for criminal actions as the case maybe shall be determined as follows:
+ If the damage occurs when the offense is perpetrated, the damage shall be determined at such time; if the offense is perpetrated in a continuous and prolonged manner, the damage shall be determined at the time when the offense is detected or prevented or at the end of the offense.
+ Where the damage occurs or lasts after the crime is committed or after the crime has ended, the damage is determined at the time the damage is prevented.
+ In case the damage cannot be determined as guided in points a and b, clause 2 Article 10 of the Resolution No. 03/2020/NQ-HĐTP, the damage is determined at the time of institution of the case.
- The civil liability shall be considered as per the civil law.
More guidelines in detail at the Resolution No. 03/2020/NQ-HĐTP issued by the Supreme People’s Court of Vietnam on December 12, 2020.
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- Resolution No. 03/2020/NQ-HĐTP
