Nghe An Provincial People's Court informs about the trial of the former Director of the Center for Vocational Education - Continuing Education of Hung Nguyen District
(Baonghean.vn)- Mr. Tran Quoc Cuong - Chief of Office of Nghe An Provincial People's Court exchanged information related to the case of the former Director of the Center for Vocational Education - Continuing Education of Hung Nguyen District who was sentenced to 5 years in prison.
On April 7, 10, 11, 17 and 24, 2023, the People's Court of Hung Nguyen district, Nghe An province opened a public first-instance trial of criminal case No. 65/2022/TLST-HS dated November 30, 2022, against the defendants Le Thi Dung and Nguyen Thi Huong, prosecuted by the People's Procuracy of Hung Nguyen district for the crime of: "Abuse of position and power while performing official duties”.
Authorities executed a search warrant in the office of defendant Le Thi Dung. Photo: Hong Ngoc |
Regarding the content of the case, Mr. Tran Quoc Cuong - Chief of Office of Nghe An Provincial People's Court said: "In her position as Director of Hung Nguyen District Continuing Education Center, defendant Le Thi Dung declared a number of payments twice for a financial transaction arising in the period 2012 - 2017.
Specifically, the payment content: Party cell secretary; support for graduate studies and training, defendant Le Thi Dung has paid the first payment in accordance with the provisions of law. Then, continue to convert these contents into teaching hours to pay for overtime (2nd payment) in 2015 with the amount of 30,952,368 VND; in 2016 with the amount of 13,810,509 VND.
The total amount of VND 44,762,877 was transferred to Le Thi Dung's personal account at the Bank for Agriculture and Rural Development, Hung Nguyen District Branch.
In the first instance criminal judgment No. 17/2023/HS-ST dated April 24, 2023 of the People's Court of Hung Nguyen district, it was decided: Pursuant to Point b, Clause 2, Article 356 of the Penal Code; Point v, Clause 1, Clause 2, Article 51 and Article 38 of the Penal Code. Sentence: Defendant Le Thi Dung to 5 years in prison. The prison term is calculated from the date of temporary detention, which is March 28, 2022. No additional penalty is applied to the defendant.
Regarding judicial measures: Apply Article 106 of the Criminal Procedure Code: Recover the amount of VND 44,762,877 from defendant Le Thi Dung to return to the Vocational Education - Continuing Education Center of Hung Nguyen district".
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The trial of defendants Le Thi Dung and Nguyen Thi Huong was prosecuted by the People's Procuracy of Hung Nguyen district for the crime of: "Abuse of position and power while performing official duties”.Photo provided by Provincial People's Court |
Mr. Tran Quoc Cuong also informed that: "In this case, defendant Le Thi Dung was tried under point b, clause 2, Article 356 of the 2015 Penal Code, with a penalty range of 5 to 10 years in prison. The defendant only has 1 mitigating circumstance under point v, clause 1, Article 51 of the 2015 Penal Code. Therefore, there is no basis to try defendant Le Thi Dung under the penalty range prescribed in clause 1, Article 54 of the 2015 Penal Code, which stipulates "when the offender has at least two mitigating circumstances prescribed in clause 1, Article 51".
After the first instance trial, many posts appeared on social media from many accounts with content about the Court's unfair trial; the amount of money embezzled was less than 45 million VND but the penalty was too high; questioning whether such a penalty was due to personal enmity...
Discussing this issue, Mr. Tran Quoc Cuong - Chief of Office of the Provincial People's Court said: "According to the provisions of the Constitution, the first-instance and appeal trial regimes are guaranteed. In this case, if the defendant does not agree with the first-instance judgment, he has the right to appeal, and the Procuracy has the right to appeal to the Court of Appeal.
In addition, the law also stipulates that the defendant is entitled to exercise the right to appeal for review and retrial to ensure his rights. During the trial, the Trial Panel explained and clearly stated the defendant's right to appeal.
Mr. Tran Quoc Cuong also added: Nghe An Provincial People's Court has grasped the content of the case and requested Hung Nguyen District People's Court to report specifically and in detail. Defendant Le Thi Dung has appealed. The entire case will be studied, objectively evaluated and tried by the appellate panel in accordance with the provisions of law.
