Officials who return corrupt assets will escape the death penalty

From January 1, 2018, authorities will not execute people convicted of embezzlement or bribery if they return at least three-quarters of the stolen property.

The 2015 Penal Code, effective from January 1, 2018, has many changes in regulations regarding corruption crimes.According to Article 40, a person sentenced to death for the crime of embezzlement or bribery, who after being sentenced proactively returns at least three-quarters of the embezzled or bribed property and actively cooperates with the authorities in detecting, investigating, and handling the crime or has made great achievements, shall not be executed.death penalty was commuted to life imprisonment.

Corrupt officials can hide for life but still cannot escape punishment.

In addition to the above-mentioned leniency policy, the Ministry of Justice said that the 2015 Penal Code has amendments and supplements that contribute to strengthening the fight against corruption. This is reflected in three main points.

Firstly, Article 28 adds a provision that the statute of limitations for criminal prosecution does not apply to the crimes of embezzlement and bribery in the following cases: appropriation of property worth 500 million or more, causing damage of 3 billion VND or more, leading to bankruptcy of enterprises or other organizations... The Ministry of Justice assesses that this provision aims to "pursue to the end major corruption crimes".

Second, Article 61 adds a provision that the statute of limitations for execution of judgments does not apply to crimes of embezzlement and bribery in cases of appropriation of property worth VND500 million or more, causing damage of VND3 billion or more, leading to bankruptcy of enterprises or other organizations...

Third, the Penal Code expands the scope of some crimes related to positions to the private sector (non-State). Accordingly, people holding positions and powers in non-State enterprises and organizations who commit acts of embezzlement or bribery will also be prosecuted for the crimes of embezzlement and bribery according to the provisions of Articles 353 and 354.

Article 353: Embezzlement of property

Anyone who abuses his position or power to appropriate property that he is responsible for managingprice 2-100 million VND or less than two million but in one of the following cases: having been disciplined for this act but still violating, having been convicted of one of the crimes related to position and not yet had the criminal record cleared but still violating, shall be sentenced to imprisonment2-7 years in prison.

The offender also faces three other penalty frames: 7-15 years in prison, 15-20 years, 20 years, life imprisonment or death penalty if there is one of the following aggravating circumstances: organized, using cunning and dangerous tricks, committing the crime two or more times, appropriating over 100 million, appropriating money and property used for the purpose of hunger eradication and poverty reduction; money, allowances, subsidies, incentives for people with revolutionary contributions; types of reserve funds or types of money, subsidized property, donations for areas affected by natural disasters, epidemics or areas with special economic difficulties; leading to bankruptcy or cessation of operations of enterprises or other organizations, causing property damage of over one billion...

Offenders are also banned from holding certain positions for 1-5 years, may be fined 30-100 million, and have part or all of their assets confiscated.

People holding positions and powers in non-state enterprises and organizations who embezzle property shall also be handled according to the provisions of this article.

Article 354: Accepting bribes

Any person who takes advantage of his/her position or power to directly or through an intermediary receive or will receive any benefit: money, property or other material benefit worth from 2-100 million or less than 2 million (but has been disciplined for this act and still violates or has been convicted of one of the crimes related to position, has not had his/her criminal record cleared but still violates), non-material benefit for himself/herself or for another person or organization to do or not do something for the benefit or at the request of the person giving the bribe, shall be sentenced to at least 2-7 years in prison.

In addition, there are three other penalty frameworks for this crime: 7-15 years in prison, 15-20 years, 20 years in life imprisonment or death penalty if there is one of the following aggravating circumstances: organized; abuse of position and power, bribes are money, property, other material benefits worth 100 million or more, causing property damage of 1 billion or more, committing the crime two or more times, knowing that the bribe is State property, hunger for bribes, harassment or using cunning tricks...

Offenders are also banned from holding certain positions for 1-5 years, may be fined 30-100 million, and have part or all of their assets confiscated.

People holding positions and powers in non-state enterprises and organizations who receive bribes will also be handled according to the provisions of this Article.

Bribes from one billion dong will be punished with 20 years in prison

In addition, those who bribe or broker bribery for foreign public officials, public officials of international public organizations, or people holding positions in non-state enterprises or organizations will also be prosecuted for the crime of Bribery or Bribery Brokerage as prescribed in Articles 364 and 365. Specifically:

Article 364: Bribery

Any person who, directly or through an intermediary, has given or will give to a person in a position of authority or power or another person or organization any benefit: money, property, other material benefits worth 2-100 million, or non-material benefits so that the person in a position of authority or power does or does not do something for the benefit or at the request of the person giving the bribe, shall be subject to a fine of 20-200 million, non-custodial reform for up to three years, or imprisonment from six months to three years.

The maximum penalty for this crime is 20 years in prison if the bribe is money, property, or other material benefits worth one billion or more. The additional penalty for this crime is a fine of 10-50 million.

Anyone who gives or will give bribes to foreign public officials, public officials of international public organizations, or people holding positions in non-state enterprises or organizations shall also be handled according to the provisions of this article.

A person who is forced to give a bribe but proactively reports it before being discovered is considered innocent and will have all the money used as bribe returned.

A briber, although not forced but proactively reporting before being discovered, may be exempted from criminal liability and have part or all of the bribe returned.

Article 365: Bribery brokerage

Anyone who mediates bribery in which the bribe falls into one of the following cases: money, property or material benefits worth 2-100 million, or immaterial benefits, shall be fined 20-200 million, subject to non-custodial reform for up to three years, or imprisoned from six months to three years.

If the bribe is worth one billion VND or more, the criminal faces a maximum penalty of 8-15 years in prison. Bribery brokers who proactively report before being discovered may be exempted from criminal liability.

Anyone who brokers bribery in non-state enterprises and organizations shall also be handled according to the provisions of this article.

According to VNE