Against abuse of position and power in performing official duties
(Baonghean) - In Nghe An, there have been a number of cases involving abuse of position, power or abuse of power while performing official duties that have been prosecuted, investigated, prosecuted and tried. This is a crime in the group of corruption crimes, which has been amended and supplemented in the 2015 Penal Code.
Many incidents have serious consequences
On May 6, 2019, the Criminal Police Department on Corruption, Economic and Smuggling (PC03), Nghe An Police initiated a case, prosecuted the accused, and temporarily detained 3 subjects including Mr. Phan Tien Sy - former Head of the Department, Mr. Nguyen Tho Huy - Deputy Head of the Department and Mr. Nguyen Van Thanh - Head of the Technical Department of the Yen Thanh Forest Protection Management Board (BQLRPH). The 3 people were prosecuted for the act of "Taking advantage of positions and powers while performing official duties". According to initial information, these 3 people were arrested to serve the investigation of the act of creating fake documents to appropriate about 5 billion VND in compensation for land lease.
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| Area of illegally exploited protective forest in Tan Thang commune, Quynh Luu district. Photo: Thanh Duy. |
Recently, the Investigation Police Agency (Quynh Luu District Police) has issued a decision to prosecute 4 defendants including: Vo Van Vinh (born in 1968) - former Head of Quynh Luu Protective Forest Management Board; Nguyen Thi Bich Thuy (born in 1982) - former accountant of Quynh Luu Protective Forest Management Board; Ngu Thi Mai and Cao Thi Van, former treasurers of Quynh Luu Protective Forest Management Board to investigate the crime of "Violating regulations on management and use of State assets causing loss and waste".
According to initial investigation, under the direction of Mr. Vo Van Vinh, officers of the Quynh Luu Protective Forest Management Board created false payment and settlement records; did not organize payments to households planting forests; causing a loss of over 750 million VND to the State budget.
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| The former Head of the Quynh Luu Forest Protection Management Board and three subordinates were prosecuted for investigation on the charge of “Violating regulations on management and use of State assets, causing loss and waste”. Photo: Quynh Trang. |
Previously, in 2018, through the investigation, prosecution, and trial of corruption acts, the authorities initiated investigations into 7 cases/20 defendants. Of which, the case of "abuse of power in the performance of official duties" related to violations in land management (selling more than 280 plots of land without authority, earning more than 22 billion VND) occurred in Phuc Thanh commune (Yen Thanh), 5 defendants were prosecuted.
The case of "abuse of power in the performance of official duties" (selling land without authority to households causing damage to the State in the amount of 1,562,992,000 VND) in Nghia Thai commune (Tan Ky) prosecuted and temporarily detained 3 defendants, who were the Chairman of the People's Committee, the Secretary of the Party Committee and the commune's land officer.
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| Many officials of Phuc Thanh and Yen Thanh communes were prosecuted for “abusing power while performing official duties”. In the photo is the headquarters of Phuc Thanh commune. Photo: NH |
In addition, through the inspection of the management and use of budgetary finances at secondary schools in Nghi Loc district, the authorities discovered that 2 units (Nghi Xa Secondary School, Nghi Van Secondary School) had violated the use of budgetary finances for personal purposes. Through the inspection, it was recommended to recover 1,694 million VND and discipline 7 individuals who violated the law.
In 2018, 11 officials, civil servants and public employees were administratively disciplined for signs of corruption, recovering 1,694 billion VND to the State budget. Regarding criminal proceedings, the People's Courts at all levels have accepted and tried 4 cases/6 defendants. As a result, 5 defendants were sentenced to prison, 1 defendant was given a suspended sentence. Through investigation, prosecution and trial of corruption cases, it was discovered that they caused losses to the State and people of 789.9 million and 157,943m2land, of which 789.9/789.9 million VND has been recovered.
According to the assessment of the authorities, the cases were tried for the right people, the right crimes, and the right law. The punishments applied to the defendants were strict, meeting the requirements of the fight against and prevention of corruption crimes in the current situation.
Corruption-related acts or signs of officials, civil servants, and people in positions of authority not only cause damage to the State, organizations, and individuals, but also cause loss of trust among the people, negatively affecting public opinion.
Strengthen supervision and strict handling
Currently, according to the assessment of the Provincial People's Committee, "the corruption situation still has potential complex factors, occurring in a number of sensitive areas such as: investment, construction, land management, trade, administration...", "the number of cases and defendants prosecuted is higher than last year, and complicated cases related to land are discovered".
In addition, the awareness of a number of cadres and party members about the work of preventing and combating corruption is inadequate. A small number of cadres and civil servants lack training and education, take advantage of loopholes in management, mechanisms, policies, and take advantage of assigned tasks to harass and profit.
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| Provincial Inspectorate officials participate in an interdisciplinary delegation to inspect discipline and administrative order at the grassroots level. Photo: Thanh Le |
State management in some areas still has loopholes, cumbersome administrative procedures, and corruption is easy to arise. In some agencies and units, leaders are not resolute in directing and organizing the implementation of anti-corruption work. Agencies and units have not developed specific plans for internal self-inspection of anti-corruption work.
At the review of the Provincial People's Council's Legal Committee on the 2018 anti-corruption report, some members expressed concern that the heads of agencies have not paid attention to preventing and combating "petty" corruption and internal corruption. The role of people's inspectors in state administrative agencies and public service units has not been promoted... Through the review, Head of the Provincial People's Council's Legal Committee Phan Duc Dong suggested that the Provincial Inspectorate pay attention to adding the content of management and education of public ethics of cadres and civil servants to the anti-corruption solutions to improve the effectiveness of this work.
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| Provincial Inspectorate officers review cases according to professional duties. Photo: Thanh Le |
In the first quarter of 2019, the competent authorities conducted 41 inspections on the management and use of budgetary finances at 90 units, completed 19 inspections, and issued conclusions on 15 inspections. Through inspections, violations were detected at 27 units with a total amount of VND 809 million, VND 707/809 million was recovered to the budget, and administrative sanctions were recommended for 12 individuals with violations. Regarding the results of investigation, prosecution, and trial of corruption cases, during the period, the investigation agency handled 5 cases/21 defendants (of which 3 cases/14 defendants were transferred from the old number, and 2 cases/7 defendants were newly handled).
According to Mr. Vi Van Suu - Chief Inspector of the province, to prevent "petty corruption" and acts of taking advantage of positions and powers in performing public duties, in addition to the responsibility of individuals, it is necessary to strictly handle the responsibility of heads of agencies and units when corruption occurs; strengthen inspection and supervision work in sensitive areas where corruption is likely to occur; strengthen inspection and examination of the responsibility of heads of sectors and levels in complying with the law on corruption prevention and control, associated with inspection of the performance of duties and public duties of cadres and civil servants.
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In addition, continue to develop and implement synchronous solutions to prevent corruption such as the issue of publicity and transparency in the activities of agencies and units and in the transfer of positions of officials and civil servants; promulgate and implement regimes, norms, standards, and codes of conduct for officials and civil servants; tighten discipline and administrative discipline to prevent bureaucracy and harassment. At the same time, promote the role of leaders in self-inspection and internal supervision to prevent violations in the activities of officials and civil servants.
Article 356 of the 2015 Penal Code stipulates the crime of abusing one's position and power while performing official duties:
1. Anyone who, for personal gain or other personal motives, takes advantage of his/her position or power to violate public duties, causing property damage from VND 10,000,000 to under VND 200,000,000 or causing damage to the interests of the State, the rights and legitimate interests of organizations and individuals, shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 05 years to 10 years:
a) Organized;
b) Committing the crime 02 times or more;
c) Causing property damage from VND 200,000,000 to under VND 1,000,000,000.