How did a commune land officer forced to resign in Nghe An 'abuse his position and power to appropriate property'?

Details of misconduct

On November 29, 2022, the People's Court of Con Cuong district held a public first-instance trial of the first-instance criminal case against defendant Luong Thi Nam (born in 1979), a former cadastral officer of Thach Ngan commune, residing in Ban Nua, Yen Khe commune. At the trial, defendant Luong Thi Nam and the victim, Mr. Nguyen Van Dung (residing in Bong Khe commune) were also present.

The content of the case is summarized as follows: In February 2005, Luong Thi Nam wasPeople's Committee of Con Cuong districtassigned to work at Yen Khe Commune People's Committee as a commune land officer with the function of managing land and environmental resources.

In May 2014, Mr. Nguyen Van Dung went to Luong Thi Nam to do the procedures to transfer the land use rights from Mr. Le Van Ty to his name. Luong Thi Nam told Mr. Dung: "Now you contract me ten million five hundred thousand dong in one month and I will have the cover". Hearing Nam say that, Mr. Dung agreed. About two days later, Luong Thi Nam called Mr. Dung and said "Give me seven million dong first so I can do the procedures". A while later, Mr. Dung went to the gate of Yen Khe Commune People's Committee and gave Nam 7 million dong.

Judgment No. 63/2022/HS-ST dated November 29, 2022 of the People's Court of Con Cuong District. Photo: Nhat Lan

After receiving the money, Luong Thi Nam used the money for personal purposes. About a month later, Nam continued to call Mr. Dung and asked him to give her the remaining 3.5 million VND. Hearing Nam's request, Mr. Dung and his wife, Hoang Thi Nhai, went to the People's Committee of Yen Khe commune to give Nam the 3.5 million VND. By 2015, Luong Thi Nam did not complete the procedures to transfer the land use rights and did not pay Mr. Dung.

In September 2016, Luong Thi Nam transferred to the People's Committee of Luc Da commune. At that time, Mr. Dung requested to return the amount of 10.5 million VND, but Luong Thi Nam did not return it. On December 19, 2017, Luong Thi Nam wrote a note promising to return the above amount to Mr. Dung in 2 months. However, after 2 months, Nam still did not return the money to Mr. Dung. On February 21, 2018, Mr. Dung continued to meet Nam to demand the above amount and was given another note promising to return the money within 1 month.

By the Lunar New Year 2022, Luong Thi Nam had paid Mr. Dung 2 million VND. After that, Mr. Dung called Nam many times to ask for the remaining amount, but Nam did not pay. On August 29, 2022, Mr. Dung filed a complaint with the Investigation Police Agency of Con Cuong District Police reporting that Luong Thi Nam had abused her position and power to appropriate 10.5 million VND and handed over the appointment papers dated December 19, 2017, February 21, 2018 written by Nam.

Office of Yen Khe Commune People's Committee, where land official Luong Thi Nam used to work and committed the act of "Abusing position and power to appropriate property". Photo: Nhat Lan

Pursuant to the provisions of Clause 1, Article 280 of the 1999 Penal Code, in Indictment No. 57/CT-VKS-CC dated November 4, 2022, the People's Procuracy of Con Cuong district prosecuted defendant Luong Thi Nam for the crime of "Abusing position and power to appropriate property".

At the trial, defendant Luong Thi Nam admitted her guilt and asked for a reduced sentence. However, the representative of the People's Procuracy of Con Cuong district maintained the prosecution's viewpoint and requested the Trial Council to apply Clause 1, Article 280 of the 1999 Penal Code; Points b and s, Clause 1, Clause 2, Article 51, Article 65 of the Penal Code, to sentence Luong Thi Nam to a prison sentence of 1 year to 1 year and 6 months with a suspended sentence, with a probationary period of 2 to 3 years.

The case is serious.

Based on the documents in the case file that were debated at the trial, the Trial Panel determined that: The investigation agency and the assigned investigator had properly implemented the provisions of procedural law regarding the inspection, verification, collection of evidence, and preparation of files to resolve information sources about crimes; preparation of case files; interrogation of the accused; handling of physical evidence; and delivery of procedural documents within the time limit prescribed by law.

The Procuracy and Prosecutors have seriously carried out the investigation supervision activities; delivered and received procedural documents on time as prescribed by law; participated in the trial at the right time and place; announced the indictment; participated in the questioning, prosecution, debate and made statements on the settlement of the case, and at the same time, carried out the supervision of the Court's compliance with the law as well as the participants in the proceedings during the trial. Because the procedural acts and procedural decisions of the investigation agency, the Investigator, the Procuracy and Prosecutors all complied with the provisions of the Criminal Procedure Code, they were used as evidence for the Trial Panel to consider.

A residential area in Con Cuong district. Photo: Nhat Lan

Considering the defendant's confession at the trial and the testimony in the file are consistent, consistent with the victim's testimony, the seized evidence and other evidence and documents in the case file that have been examined and debated at the trial. The Trial Panel has sufficient grounds to conclude that in May 2014, Luong Thi Nam abused her position and power to appropriate 10.5 million VND from Mr. Nguyen Van Dung with the content of transferring land use rights to Mr. Dung's family. The defendant's purpose of appropriating the above amount of money was for personal expenses.

The case is serious, the defendant's criminal behavior has caused danger to society, directly infringed on the proper operation of agencies and organizations, infringed on citizens' property rights protected by law, and caused outrage among the masses.

Therefore, it is necessary to punish the defendant with a severe sentence commensurate with the crime he committed in order to reform and educate him to become a good person and have a general educational and preventive effect for the whole society.

Considering that up to now, the defendant has no previous convictions, during the investigation as well as at the trial, he confessed honestly, repented, after committing the crime, he fully compensated the victim, the victim asked for a reduction in the defendant's sentence...

From the above comments, based on Clause 1, Article 280 of the 1999 Penal Code; Points b and s, Clause 1 and Clause 2, Article 51, Article 65 of the Penal Code, the People's Court of Con Cuong district decided to sentence the defendant Luong Thi Nam for the crime of "Abusing position and power to appropriate property", sentenced her to 1 year in prison with a suspended sentence, and a probationary period of 2 years from the date of sentencing.

On January 12, 2023, in Official Dispatch No. 22/CV-TA, the People's Court of Con Cuong District also clarified the crime of the convicted person Luong Thi Nam so that the People's Committee of Con Cuong District has a basis for disciplinary action. Specifically, Article 280 "Crime of abusing position and power to appropriate property" is under Section A "Crimes of corruption" stipulated in Chapter XXI "Crimes of position" of the 1999 Penal Code. Therefore, the crime of abusing position and appropriating property is a crime in the group of corruption crimes!