Beware of the trick of 'fixing a case' to appropriate property
(Baonghean.vn) - Taking advantage of the anxiety of relatives of defendants and prisoners being detained, wanting to bribe their relatives to have their sentences reduced and return to their families soon, many subjects have approached and scammed them, claiming to have many relationships and to be able to "fix the case" to appropriate money from the victims.
Trick... "get out of jail"
According to incomplete statistics, every year in Nghe An, the authorities have handled and investigated dozens of cases of fraud and property appropriation related to the act of "fixing sentences".
Typically, on January 23, 2024, the Criminal Police Department of the Provincial Police issued a Decision to prosecute the case, prosecute the accused Nguyen Tien Dung (born in 1972), residing in Nhan Chinh ward, Thanh Xuan district, Hanoi city for the crime of "Fraudulent appropriation of property" with the amount of 600 million VND.
According to the case file, Nguyen Tien Dung is a freelancer. Taking advantage of his acquaintance with the victims, Dung informed the victims that he had connections with the prosecution agencies and could “fix the case”, thereby appropriating 600 million VND from a victim in Hoang Mai town (Nghe An) whose relative was arrested for drug-related crimes. Dung used all the money he received from the victims to spend and invest in business on social networks.
Similarly, on December 17, 2023, at an apartment building in Thanh Hoa city (Thanh Hoa province), the Working Group of the Office of the Investigation Police Agency of Nghe An Provincial Police executed an emergency detention order against Luu Khac Tung (born in 1984), residing in Phuc La ward, Ha Dong district, Hanoi city, for fraud and appropriation of property. This subject contacted a number of subjects inside and outside Nghe An province, providing information to NNH's family (the subject prosecuted and detained for gambling) that he would run the case, in order to appropriate 5 billion VND from H's family.
Through the struggle, initially, Luu Khac Tung admitted all his acts of fraud and property appropriation. Currently, the Investigation Police Department of Nghe An Province Police is continuing to expand the investigation to handle according to the provisions of the law.
Previously, on October 13, 2023, the People's Court of Nghe An province opened a first-instance trial of defendant Vo Thi Hanh (born in 1987), residing in Nam Dan town, Nam Dan district, for the crime of "Fraudulent appropriation of property" with a sentence of 3 years and 6 months in prison. According to the indictment, Hanh is a school health worker. From July 2022 to January 2023, in order to have money to spend, Hanh used the trick of providing fake information that could get a "blank sentence" for Lo Thi Minh Nhan - Vice President of the Red Cross Society of Ky Son district and Lo Thi Soa - Vice President of the Red Cross Society of Ta Ca commune, Ky Son district so that these two people would not be criminally prosecuted related to receiving and coordinating relief money for Ky Son people after the flash flood disaster. In addition, Hanh also said that after getting a "blank sentence", she could request a transfer of these two people to a new position.
Trusting her, Ms. Nhan gave Hanh 240 million VND and 2 wild boars; and Ms. Soa gave Hanh 210 million VND, 3 kg of beef, and 3 yen of upland sticky rice. However, after receiving the money, Hanh spent it all. Ms. Nhan and Ms. Soa were later prosecuted and tried for the crime of Abusing position and power while performing official duties.
Raise awareness
Fraudulent appropriation of property related to “fixing sentences” still exists and tends to increase, although the authorities, news agencies and newspapers have issued many warnings. It can be seen that taking advantage of the anxiety of relatives of defendants and prisoners who are being detained, wanting to bribe them to have their sentences reduced and return to their families soon, many subjects have “bragged” about having many acquaintances to “fix” their sentences. Accordingly, many subjects, especially their relatives, are willing to borrow and spend hundreds of millions of dong, even billions of dong to ask people to “fix” their sentences.
Crimes in this field are therefore extremely diverse, from unemployed people with criminal records to officials and civil servants. In reality, most of the subjects, after gaining trust and receiving money, use it for personal spending.
According to the Provincial Police Investigation Agency, in the procedural order, when the investigation agency completes the file, transfers it to the prosecutor's office for approval and the court for trial, the file is closed. When the first instance trial takes place, there are also cases where the appeal and appeal reduce the sentence, but it is not due to "fixing the case" but during the review of the file, the defendant may have mitigating circumstances that were not carefully considered at the first instance trial, or the defendant adds some circumstances that are beneficial to himself, the appeal trial panel will consider reducing the sentence for the defendant.
Regarding the act of defrauding the law and receiving money under the pretext of “bridging the case”. Depending on the nature and purpose of the act, the offender shall be held criminally responsible according to the provisions. If the person committing the act of bribing the case does not have a position or authority, he or she may be prosecuted for the crime of Fraudulent appropriation of property according to the provisions of Article 174 of the 2015 Penal Code, amended and supplemented in 2017. The maximum penalty in this case may be life imprisonment. In addition, the offender shall be fined from 10,000,000 to 100,000,000 VND or have part or all of the property confiscated.
If the person has a position or authority, he/she may be charged with the crime of Accepting bribes as prescribed in Article 354 of the 2015 Penal Code, amended and supplemented in 2017. The maximum penalty for the crime of Accepting bribes may be the death penalty. In addition, the offender is also prohibited from holding certain positions for 1-5 years, may be fined from 30,000,000 to 100,000,000 VND, and have part or all of his/her assets confiscated; or the crime of Abuse of trust to appropriate property as prescribed in Article 175 of the 2015 Penal Code with the maximum penalty of 20 years in prison and may be fined from 10,000,000 to 100,000,000 VND.
Faced with the fact that the crime of fraud and appropriation of property related to “fixing a case” is still complicated, with many different methods and tricks, more than ever, people need to raise their legal awareness, to avoid falling into the situation of “losing money and getting nothing in return”. Because in reality, not only the person who “fixes a case” must bear criminal responsibility, but even the person who gives money to “fix a case” can also be sentenced to prison.
