Approaches to items, money directly related to the crime of corruption in Vietnam

Approaches to items, money directly related to the crime of corruption in Vietnam (Internet image)

1. Approaches to items, money directly related to the crime of corruption in Vietnam

Approaches to items, money directly related to the crime of corruption in Vietnam are specified in Article 11 of Resolution 03/2020/NQ-HDTP as follows:

- After receiving a case, the court must consider immediately applying measures to distrain property and blockade accounts directly related to the criminal act if such property has not yet been subject to coercive measures during the investigation and prosecution phase.

- The court shall consider confiscating the property into the state budget, destroying the property or forcing return or compensation to the owners and/or custodians in accordance with the provisions of law if the property is directly related to corruption-related or other office title-related crimes, including :

+ Instruments, vehicles used for the commission of the crime;

+ Money, property appropriated;

+ Bribes taken;

+ Damage caused by the offense;

+ Illicit proceeds from the offense;

+ Profits, yield, income derived from the commission of the crime;

+ Other property as per the law.

- If the property to be confiscated no longer exists at the time of case settlement, the court shall decide confiscation of the value of the property based on a valuation conclusion of the competent authority.

- If the property derived from the corruption-related or other office title-related crime is joined to a shared property, the court shall only confiscate or force the return to the owner or custodian of the part of property derived from the crime.

The profit earned from the share property shall be distributed proportionately for confiscation or return to the owner or custodian as per the law.

2. Approaches to corruption-related or office title-related crimes in Vietnam

- 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.

- The offender might be exempt from punishment as he/she deserves the leniency as prescribed in Article 59 of the Criminal Code 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:

+ 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;

+ 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;

+ 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;

+ 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.

(Article 5 of Resolution 03/2020/NQ-HDTP)

Diem My

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