Mr. Dinh La Thang was prosecuted for the second time.

December 28, 2017 22:40

In both legal cases, Mr. Dinh La Thang was prosecuted under Clause 3, Article 165 of the 1999 Penal Code with the same penalty of 10-20 years in prison.

On December 27, 9 days after receiving the investigation conclusion, the Supreme People's Procuracy issued an indictment to prosecute Mr. Dinh La Thang (57 years old, former Chairman of the Board of Directors of Vietnam Oil and Gas Group - PVN) and six defendants in the case.causing damage of 800 billion VND occurred at PVN.

Seven people were prosecuted by the Supreme People's Procuracy under Clause 3, Article 165 of the 1999 Penal Code with a penalty of 10-20 years in prison. The defendants include: Dinh La Thang, Nguyen XuAn Son (former deputy general director of OceanBank); Nguyen Xuan Thang; Nguyen Thanh Liem; Vu Khanh Truong; Phan Dinh Duc (former member of PVN's Board of Members), Ninh Van Quynh (former deputy general director of PVN).

Mr. Ninh Van Quynh was additionally prosecuted for the crime of Abusing position and power to appropriate property (Article 280 of the 1999 Penal Code), with the penalty in Clause 4 ranging from 20 years in prison to life imprisonment.

According to the indictment, in 2006, PVN was approved by the Prime Minister to establish a separate bank for the oil and gas industry and hold over 50% of charter capital. In July 2008, implementing the Government's policy on controlling inflation, PVN did not continue to participate in establishing this bank butSwitch to buying shares and contributing capital to OceanBank.

In the first meeting with Mr. Ha Van Tham (Chairman of OceanBank) on September 17, 2008, Mr. Dinh La Thang agreed to contribute 800 billion VND (accounting for 20% of OceanBank's charter capital) without approval from PVN's Board of Directors.

The indictment alleges that Mr. Thang’s actions were against the law and the Prime Minister’s instructions. When OceanBank was forced to be purchased by the State Bank at zero dong due to many violations by its leaders, PVN’s 800 billion dong could not be recovered.

The remaining people in the case were accused of agreeing to the above capital contribution policy. Mr. Ninh Van Quynh also received 20 billion VND from Mr. Son to "support" OceanBank. "Mr. Son gave the above amount of money to Mr. Quynh for a long time because he knew that Mr. Quynh could advise and propose to PVN leaders to issue policies that were beneficial to OceanBank," the indictment stated.

The trial is expected to open at the end of January, after the end of the trial of Mr. Dinh La Thang, Trinh Xuan Thanh and 20 accomplices in the major case that occurred at the Petroleum Construction Corporation (PVC).

Mr. Dinh La Thang was prosecuted in two cases, with the same penalty frame according to Clause 3, Article 165 of the 1999 Penal Code with a sentence of 10-20 years in prison.According to lawyer Pham Thanh Binh, assuming that in each case Mr. Thang is sentenced to the maximum sentence of 20 years in prison, the total sentence will not exceed 30 years in prison.

Article 50 of the 1999 Penal Code

When trying a person for multiple crimes at the same time, the court decides the penalty for each crime, then combines the penalties according to the following provisions:

a) If the sentences imposed are both non-custodial reform or fixed-term imprisonment, then those sentences shall be added together into a common sentence; the common sentence shall not exceed three years for non-custodial reform and 30 years for fixed-term imprisonment.

b) If the sentences imposed are non-custodial reform or fixed-term imprisonment, the non-custodial reform sentence shall be converted into a prison sentence at the rate of every three days of non-custodial reform being converted into one day of imprisonment to form a total sentence.

c) If the heaviest penalty among the penalties imposed is life imprisonment, the combined penalty shall be life imprisonment;

d) If the heaviest penalty among the penalties imposed is death, then the combined penalty is death...



According to VNE

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