Fight and prevent crimes of embezzlement of property

The "dim mirrors"

According to the authorities, embezzlement occurs at many levels, in many sectors, and in many fields, on different scales, causing damage to state and people's assets and causing much public outrage.

For example, recently on December 28, 2023, Quynh Luu District Police temporarily detained Tran Thi Thuong - office staff and treasurer of Quynh Ba Commune People's Committee to serve the investigation for the crime of "Embezzlement of property".

Through investigation, Quynh Luu District Police discovered that during the course of his work, the subject had taken advantage of his position and authority to embezzle public funds, salary allowances for part-time forces and money spent on regular activities of departments and branches.

In particular, during the search of the subject's workplace, the investigation agency discovered and seized 32 approved payment records of benefits and policies, 1 revenue and expenditure book in 2023 and many documents related to Thuong's criminal acts.

Based on the evidence and the suspect's testimony, Quynh Luu District Police initially determined that from January 1, 2023 to July 31, 2023, Tran Thi Thuong embezzled assets totaling more than 300 million VND for personal use.

Previously, on February 21, 2023, Ky Son District Police coordinated with Ky Son District People's Procuracy to issue a decision to prosecute the case, prosecute the accused and issue an order to temporarily detain Ha Tham Canh (born in 1979), residing in Ta Ca commune, former Principal of Ta Ca Primary Boarding School for Ethnic Minorities for the crimes of "Embezzlement of property" and "Abusing position and power while performing official duties".

During the process of expanding the investigation of the case, the Investigation Police Agency of Ky Son District Police continued to identify the subject Ho Thi Phuong - former accountant of Ta Ca Primary Boarding School for Ethnic Minorities - who assisted Ha Tham Canh in creating fake settlement records to withdraw funds to pay for substitute teachers from the State budget to the school, creating conditions for Ha Tham Canh to embezzle more than 40 million VND from the above funds.

Afterwards, Ha Thi Phuong was also prosecuted for the crime of "Embezzlement of property" under Clause 01, Article 353 of the Penal Code as an accomplice.

Or in October 2022, the People's Procuracy of Nghe An province approved the decisions to prosecute the accused, search warrants, and arrest warrants for temporary detention in the case of embezzlement of property occurring at the People's Credit Fund of Nghi Hoa commune, Nghi Loc district. 4 people were arrested for the crime of "Embezzlement of property" including: Nguyen Thanh Cong (born in 1955) - former Director of the People's Credit Fund of Nghi Hoa commune, Nghi Loc district; Dang Van Thanh (born in 1968) - Deputy Director of the Credit Fund; Tran Thi Ngoc Ha (born in 1980) - Chief Accountant of the Credit Fund; Tran Thi Ha Phuong (born in 1995) - Credit Fund officer). The subjects all reside in Nghi Hoa commune, Nghi Loc district.

Initial investigation results determined that while in office, Nguyen Thanh Cong directed a number of individuals in the Credit Fund to create many fake loan records to withdraw money for personal expenses; the total outstanding debt as of October 16, 2020 was23,616,515,000Due to the inability to pay debts, Nguyen Thanh Cong continued to direct the creation of fake documents to pay off previous loans.

The investigation process proved that Cong directed Thanh, Ha, and Phuong to create 7 fake loan documents under the names of borrowers Pham Thi Thanh Thuy, Le Thi Sam, Nguyen Thi Huong, Le Thi Loan, Nguyen Thi Anh Dao, Nguyen Van Dong, and Pham Thi Man to disburse and appropriate the amount of VND 1,365,000,000. The conclusion of the appraisal of the signatures and handwriting on the documents in the 7 loan documents were all those of Nguyen Thanh Cong, Dang Van Thanh, Tran Thi Ngoc Ha, and Tran Thi Ha Phuong.
The embezzlement of assets by these officials and civil servants not only causes damage to State assets but also violates public ethics, affects people's trust in the leadership of the Party, the management of the State and the image of "public servants".

Raising awareness of the rule of law in public service

During his lifetime, President Ho Chi Minh pointed out the nature of corruption as the act of "stealing public property, private property, or the people's property", "taking public property for private use", fraud, greed", "disrespecting public property". He considered corruption and waste as "internal invaders", enemies of the people. He also pointed out that "Only because of individualism does corruption and corruption arise", "bureaucracy is the place where the seeds of corruption and waste are sown and cultivated".

Therefore, to eradicate corruption, we must first eradicate bureaucracy and individualism. According to him, "if corruption cases are discovered and investigated, the Party will severely discipline them and the Government will severely punish them."

To prevent the risks of embezzlement and corruption, the Vietnamese Penal Code specifically stipulates severe sentences for this crime. Accordingly, depending on the nature and severity of the crime, those who commit embezzlement may be prosecuted for criminal liability according to the penalty frameworks prescribed in Article 353 of the 2015 Penal Code (amended and supplemented in 2017), in which the highest prison sentence is life imprisonment; the highest penalty is the death penalty.

In addition, those who commit the crime of embezzlement of property are banned from holding certain positions from 1 to 5 years, may be fined from 30,000,000 VND to 100,000,000 VND, and have part or all of their property confiscated.

Applying additional penalties to those who commit embezzlement has the effect of supporting the main penalty, increasing the ability to punish criminals, educating them to be aware of obeying the law and the rules of life, preventing them from committing new crimes; educating others to respect the law, preventing and fighting against crimes.

In addition to being subject to strict penalties under the law, pursuant to Article 39 (Violation of regulations on anti-corruption and negativity) under Regulation No. 69 dated July 6, 2022 on Party organization discipline, Party members who violate the Party Central Committee's regulations: Party members who "embezzle money and property, take advantage of social security policies and relief and disaster relief funds for corruption and negativity; take advantage of fund establishment for personal gain" (Clause i); Take advantage of positions, powers, and work positions to appropriate public assets (Clause 0) will be expelled from the Party.
In Nghe An, the work of preventing and combating corruption has always been carried out seriously and synchronously; many corruption cases (including embezzlement of assets) have been detected and handled through investigation, prosecution and trial.

The Provincial Steering Committee for Anti-Corruption and Negativity has comprehensively deployed tasks and solutions to prevent and combat corruption and negativity; focusing on weak and difficult aspects, areas prone to corruption and negativity to direct solutions; at the same time, ensuring strict, synchronous and timely handling between Party discipline and administrative and criminal handling of violating cadres and Party members.

In 2023, the investigation agencies at all levels in the province accepted to investigate 43 cases/184 defendants, of which, 29 new cases/132 defendants were discovered and prosecuted. The People's Procuracy at 2 levels also accepted to resolve 22 cases/58 defendants; the People's Courts at all levels accepted to try at first instance 30 cases/77 defendants, of which, 23 cases/45 defendants were tried. The damage caused by corruption crimes was more than 7.8 billion VND; recovered assets were more than 5.6 billion VND...".

It is forecasted that the corruption situation in the coming time will still have complicated developments, mainly occurring in some sensitive areas such as: construction investment, land management, trade, finance, banking, health care...

Therefore, all levels, sectors and localities need to continue to synchronously and effectively implement solutions to prevent corruption and negativity; tighten administrative discipline and order; strictly implement regulations on publicity, transparency, administrative reform, public services... especially Plan No. 840/KH-UBND to implement the Project "Building a national database on asset and income control" and Regulation No. 114 of the Politburo "Regulations on controlling power and preventing and combating corruption and negativity in personnel work".

Besides, as Uncle Ho pointed out, “Corruption, waste, and bureaucracy are enemies within.” Therefore, if we want the fight against bureaucracy, corruption, and waste to be effective, a very important issue is that the cadres and civil servants, especially leaders and managers, must always uphold the law in the process of performing public duties, “uphold revolutionary ethics, and wipe out individualism.”