The Supreme People's Court is drafting a Resolution of the Council of Judges of the Supreme People's Court providing guidance on the application of certain provisions of the Criminal Code concerning crimes of corruption, position-related crimes, and the adjudication of cases related to corruption and position-related crimes.
Article table of contents
Draft Resolution guiding on corruption crimes, positions, and adjudication of corruption cases includes the following contents:
- Guidance on the application of certain provisions of the Criminal Code regarding corruption crimes, positions;- Guidance on identifying assets appropriated and damages caused by corruption crimes, positions;- Guidance on asset recovery in corruption cases, positions;- Guidance on resolving related civil transactions;- Guidance on court recommendations to competent state agencies during the adjudication of corruption cases, positions.
There will be 05 cases considered for exemption from criminal liability for corruption (Illustration)
In addition, the Draft Resolution Guiding the Application of the Criminal Code in Adjudication of Corruption Cases also specifies cases considered for exemption from criminal liability for corruption crimes as follows:
Firstly, individuals who violate the law but are driven by pure motives, without personal gain, desire innovation, and dare to break through for the sake of economic and social development and national protection, with results outweighing the incurred damages.
Secondly, offenders who are dependents, subordinates, salaried employees, executing tasks under superiors' directives without fully realizing the criminality of their acts, not benefiting, and have sincerely confessed, repented, and effectively contributed to crime investigation and handling, excluding cases of very serious or particularly serious crimes.
Thirdly, those who bribe, though not coerced, voluntarily confess before the crime is detected, contributing effectively to crime detection and handling, will be exempt from criminal liability and may be returned some or all of the bribery assets used.
Fourthly, intermediaries in bribery who voluntarily confess before the crime is detected, contributing effectively to crime detection and handling.
Fifthly, other cases as prescribed by law.
For more details, see Draft Resolution Guiding the Application of the Criminal Code in Adjudication of Corruption Cases.
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