How are criminals who violate regulations on investment in construction works causing serious consequences prosecuted?
(Baonghean.vn) - People who violate regulations on investment in construction works causing serious consequences are prosecuted under several penalty frameworks and the highest is how many years in prison?. The issue of concern to Mr. Tran Van (Thanh Chuong, Nghe An).
Answer: Pursuant to Article 224 of the Penal Code 2015, amended in 2017, the crime of violating regulations on investment in construction works causing serious consequences is stipulated as follows:
1. Anyone who abuses his/her position or power to commit one of the following acts, causing damage from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 but has been disciplined for this act and still commits the violation, shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:
a. Decision on construction investment is not in accordance with the provisions of the Construction Law;
b. Establishing, appraising, approving designs, estimates, adjusting estimates, and accepting construction works using State capital contrary to the provisions of the Construction Law;
c. Selecting contractors that do not have sufficient capacity to carry out construction activities;
d. Arrangement, collusion to distort the results of project establishment, survey, design, construction supervision, and construction of works.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 years to 12 years:
a. For personal gain;
b. Organized;
c. Using sophisticated, cunning tricks;
d. Causing damage from 300,000,000 VND to under 1,000,000,000 VND.
3. Committing a crime causing damage of VND 1,000,000,000 or more shall be punishable by imprisonment from 10 to 20 years.
4. The offender may also be banned from holding certain positions or doing certain jobs from 01 to 05 years or have part or all of his/her property confiscated.
Thus, a person who violates regulations on investment in construction works causing serious consequences may be prosecuted under three penalty frameworks and, depending on the extent of damage and the circumstances, may be sentenced to a maximum of 20 years in prison. The offender may also be banned from holding certain positions or doing certain jobs from 01 to 05 years or have part or all of his/her assets confiscated.
