What punishment will Luong Bang Quang face for giving a bribe of 8 billion VND?
Singer Luong Bang Quang has been charged and detained for investigation into bribery charges related to 8 billion VND allegedly used to "fix" a case for Ngan 98. According to legal experts, the male singer could face a heavy sentence.
On October 23, the Ho Chi Minh City Police Investigation Agency issued a decision to prosecute Luong Bang Quang (born in 1982, residing in Chanh Hung ward, a musician and singer) and Vo Thi Ngoc Ngan (born in 1998, from Binh Dinh, now Gia Lai) for the crime of "Giving bribes". At the same time, they prosecuted Le Sy Cuong (born in 1987, residing in Ben Thanh ward, Ho Chi Minh City) for the crime of "Brokering bribes".
Accordingly, the investigating agency has executed arrest warrants against Luong Bang Quang and Le Sy Cuong. This is an expansion of the case of "producing and trading counterfeit food products" led by Ngan 98.
The case is attracting significant public attention. According to lawyer Dang Van Cuong, head of Chinh Phap Law Office, the indictment of Luong Bang Quang for bribery is surprising because he is not being prosecuted as an accomplice in the production and sale of counterfeit goods, but rather as an accomplice in bribery under Article 364 of the Penal Code.
According to the lawyer, the motive for bribery often arises from those who violate the law, aiming to escape punishment or mitigate responsibility. "Many people believe that money can solve legal problems, leading them to consider using material benefits to bribe public officials. However, this is a serious violation of the judicial system, and therefore the Criminal Code stipulates that giving bribes, receiving bribes, or brokering bribes are all severely punished," the lawyer emphasized.
Lawyer Dang Van Cuong analyzed that the essence of bribery is "using benefits to entice a person in authority to do or not do something for the benefit of the briber." He cited Article 364 of the Penal Code, according to which a briber can be fined up to 200 million VND, sentenced to non-custodial rehabilitation for up to 3 years, or imprisoned from 6 months to 20 years. If the bribe is money, property, or other material benefits worth 1 billion VND or more, the prison sentence ranges from 12 to 20 years.
With the investigating agency determining that Luong Bang Quang and Ngan 98 bribed 8 billion VND, the lawyer stated that both are facing charges under Clause 4, Article 364 of the Penal Code. "If convicted, the two defendants will face sentences ranging from 12 to 20 years in prison," lawyer Cuong emphasized.
According to lawyers, the act of giving a bribe is considered a crime from the moment the agreement is made or the benefit is transferred to the intermediary or recipient, 'regardless of whether the bribe was successfully given or whether the recipient received it or not'. This is why, even if the case only records the act of giving and brokering a bribe, and has not yet proven the act of receiving a bribe, the perpetrator will still be prosecuted.
Notably, the lawyer emphasized that the actions of Le Sy Cuong, the intermediary, fall under the crime of brokering bribery according to Article 365 of the Penal Code. This article stipulates that those who broker bribery may be fined from 20 to less than 200 million VND, sentenced to non-custodial rehabilitation for up to 3 years, or imprisoned from 6 months to 3 years. In cases where the bribe is worth 1 billion VND or more, the prison sentence ranges from 8 to 15 years.
Lawyer Dang Van Cuong believes that the fact that Luong Bang Quang and Ngan 98 are both being prosecuted shows that the prosecuting authorities believe both shared the same intention to commit the act, thus demonstrating sufficient complicity. In the coming time, the investigating agency will continue to clarify the flow of money, motives, methods of agreement, as well as the responsibility of each person in the case.
The lawyer also predicted that the expanded investigation process would become more complicated, as the investigating agency examines Luong Bang Quang's role in ZuBu Company's business operations. "If there is evidence to prove that Quang knew the goods were counterfeit but still participated in assisting with their sale, he could continue to be prosecuted as an accomplice in the crime of producing and trading counterfeit goods," he said.
