Is Trinh Xuan Thanh's surrender a mitigating circumstance?

Mr. Trinh Xuan Thanh has just turned himself in after 1 year of being on the run and being wanted. Will this action help the former Chairman of the Board of Directors of PVC enjoy mitigating circumstances?

After a year on the run and being wanted, on July 31, Mr. Trinh Xuan Thanh (born in 1966) - Former Chairman of the Board of Directors of the Vietnam Oil and Gas Construction Joint Stock Corporation (PVC) turned himself in. Previously, in September 2016, the Ministry of Public Security's Investigation Police Agency prosecuted the accused Trinh Xuan Thanh for the crime of intentionally violating the State's regulations on economic management, causing serious consequences.

According to the conclusion of the Central Inspection Committee, Trinh Xuan Thanh and a group of related PVC officials were irresponsible, lax in leadership, management, inspection, supervision, and violated state regulations on economic management, causing a loss of nearly 3,300 billion VND (2011-2013 period).

The surrender of former PVC chairman Trinh Xuan Thanh has attracted public attention. Will the defendant be given mitigating circumstances?

Mr. Trinh Xuan Thanh. Photo: D.V.

According to Minh Khue Law Firm's lawyers, in the past, when handling a criminal case with signs of a criminal confessing and surrendering, the Courts understood and applied this circumstance very differently. According to Joint Circular No. 05/TTLN dated June 2, 1990 of the Ministry of the Interior, the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Justice "Guidelines for implementing policies towards criminals who confess", these cases are all considered as confessions.

However, in the process of applying this Circular when deciding on penalties for criminals, especially after the 1999 Penal Code came into legal effect, the Court found that if the case of a criminal confessing and surrendering is both applied to Clause 1, Article 46 of the Penal Code, it is not appropriate.

Therefore, the Chief Justice of the Supreme People's Court issued Official Dispatch No. 81/2002/TANDTC dated June 10, 2002 instructing the Courts to only apply Clause 1, Article 46 of the Penal Code to the circumstance of the offender confessing, while the circumstance of the offender surrendering is only subject to Clause 2, Article 46 of the Penal Code.

In the case of Mr. Trinh Xuan Thanh surrendering, the corresponding reduction of criminal liability may be applied as prescribed in Clause 1, Article 46 of the Penal Code or Clause 2, Article 46 of the Penal Code, depending on the judge's interpretation according to Official Dispatch 81/2002/TANDTC.

According to Kienthuc.net.vn