How many penalty frameworks are there for violating regulations on the use of state assets causing waste and loss?
(Baonghean.vn) - Let me ask, how many penalty frames are there for the crime of violating regulations on the use of State assets causing loss and waste? The issue of concern of Mr. Tran Van Hung (Hoang Mai Town, Nghe An).
Answer: Pursuant to Article 219 of the 2015 Penal Code (amended in 2017), the crime of violating regulations on the use of State assets causing loss and waste is stipulated as follows:
1. Any person who is assigned to manage and use State assets but violates the asset management and use regime, causing loss or waste 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, 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 03 years to 12 years:
a. For personal gain;
b. Organized;
c. Using sophisticated, cunning tricks;
d. Causing loss or waste from 300,000,000 VND to under 1,000,000,000 VND.
3. Committing a crime causing loss or waste 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, anyone who is assigned to use State assets but violates the management regime, causing loss or waste, will be prosecuted for criminal liability according to the three penalty frameworks above. The offender may also be subject to additional penalties of being banned from holding certain positions or doing certain jobs from 01 to 05 years or having part or all of his/her assets confiscated.
