When does a violation of regulations on management and use of public investment capital constitute a criminal offense?
(Baonghean.vn) - How is the crime of violating regulations on management and use of public investment capital causing serious consequences regulated?. The issue of concern to Ms. Le Thi Nhung (Nam Dan, Nghe An).
Reply:The crime of violating regulations on management and use of public investment capital causing serious consequences is stipulated in Article 220 of the Penal Code 2015, amended in 2017, specifically as follows:
1. Anyone who abuses his/her position or power to commit one of the following acts, causing damage from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 but has been disciplined or administratively sanctioned for this act and still commits the violation, if not falling under the case specified in Article 224 of this Code, shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:
a) Violation of regulations on investment policy decisions;
b) Violation of regulations on investment policy preparation and appraisal;
c) Violation of regulations on investment decisions in programs and projects;
d) Violation of regulations on consulting and designing programs and projects.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 years to 12 years:
a) For personal gain;
b) Organized;
c) Using sophisticated and cunning tricks;
d) Causing damage from 300,000,000 VND to under 1,000,000,000 VND.
3. Committing a crime causing damage of VND 1,000,000,000 or more shall be punishable by imprisonment from 10 to 20 years.
4. The offender may also be banned from holding certain positions or doing certain jobs from 01 to 05 years or have part or all of his/her property confiscated.
Thus, for the crime of violating regulations on management and use of public investment capital causing serious consequences, the highest prison sentence is up to 20 years.
