How many years in prison is the penalty for the crime of abusing one's position and power while performing official duties?
(Baonghean.vn) - Recently, there have been many cases of "abusing position and power while performing official duties" that have been prosecuted, investigated, prosecuted and tried by authorities. So how will this behavior be punished according to the provisions of criminal law?
Reply:
Taking advantage of one's position and power while performing official duties is an act that goes against the assigned duties of a person holding a position or power, causing damage to the interests of the State, society, or the legitimate rights and interests of organizations and individuals for personal gain or other personal motives.
The act of taking advantage of one's position and power while performing official duties is a dangerous act for society, infringing first of all on the normal operations of agencies and organizations and at the same time infringing on other areas of legal order depending on the area in which the act of taking advantage of one's position and power occurs.
Article 356 of the 2015 Penal Code (amended and supplemented in 2017) stipulates the crime of "Taking advantage of position and power while performing official duties" as follows:
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 other 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.
3. Crimes causing property damage of VND 1,000,000,000 or more shall be punished with imprisonment from 10 years to 15 years.
4. The offender is also prohibited from holding certain positions from 01 year to 05 years, and may be fined from 10,000,000 VND to 100,000,000 VND.
Thus, offenders who abuse their positions and powers while performing official duties may be prosecuted with penalties ranging from non-custodial reform to 03 years and up to 15 years in prison depending on the severity of the violation, property damage...
In addition, the offender is also banned from holding certain positions from 01 year to 05 years, and may be fined from 10,000,000 VND to 100,000,000 VND.
