Resolution No. 03/2020/NQ-HDTP guidelines for trial of corruption and other position-related offenses
To provide guidance on voluntarily returning at least 3/4 of the embezzled property or taken bribes
On December 31, 2020, the Council of Justices of the Supreme People's Court issues the Resolution No. 03/2020/NQ-HDTP on guidelines for application of a number of provisions of the Penal Code in trial of corruption and other position-related offenses.
Specifically, voluntarily return at least three-quarters of the embezzled property or taken bribes means the case where an offender has voluntarily returned at least three-quarters of the embezzled property or taken bribes after committing the crimes. It is also considered as voluntarily returning at least three-quarters of the embezzled property or taken bribes in the cases where an offender after committing the crimes has influenced his/her father, mother, spouse, children, brothers, sisters, or other relatives to surrender, or do object to that his/her parents, spouse, children, brothers, sisters, or other relatives return at least three-quarters of the property embezzled, or bribes taken by him/her.
Besides, in the course of the proceedings, an offender embezzling property or taking a bribe, who have voluntarily returned at least three-quarters of the embezzled property or taken bribes shall not be applied the heaviest penalty in the penalty bracket for the crime he/she is prosecuted or adjudicated for.
In case a case is separated for handling in different stages (into multiple cases), the penal liability shall be considered and the penalty shall be decided as follows: The fact that the offender has been convicted in the previous case shall not be considered as “committing the offense twice or more”, unless the offenses considered and examined for penal liability in the stages are independent of each other; The fact that the offender has been convicted in the previous case shall not be considered as having a bad personal record in order not to suspend the execution of his/her sentence; etc.
This Resolution takes effect on February 15, 2021.
For further details of the Resolution 03/2020/NQ-HDTP, Click here
translation of the Official Gazette of the Vietnam News Agency
THE COUNCIL OF JUSTICES
THE SOCIALIST REPUBLIC OF VIETNAM
Hanoi, December 30, 2020
ON GUIDELINES FOR APPLICATION OF A NUMBER OF PROVISIONS OF THE PENAL CODE IN TRIAL OF CORRUPTION AND OTHER POSITION-RELATED OFFENSES
THE COUNCIL OF JUSTICES OF THE SUPREME PEOPLE'S COURT
Pursuant to the Law on Organization of People's Courts dated November 24, 2014;
In order to apply properly and consistently a number of provisions of the Penal Code No. 100/2015/QH13, which are amended and supplemented under Law No. 12/2017/QH14 in the trial of corruption and other position-related offenses;
After consulting the Prosecutor General of the Supreme People's Procuracy and the Minister of Justice.
Article 1. Scope of regulation
This Resolution guides the application of a number of provisions of the Penal Code No. 100/2015/QH13, which are amended and supplemented under Law No. 12/2017/QH14 (hereinafter referred to as the Penal Code) on corruption crimes and other position-related offenses; the valuation of appropriated properties and damages caused by corruption crimes or other position-related offenses; the handling of exhibits and money directly related to such crimes.
Article 2. A number of terms
1. “Agencies and organizations” mentioned in Clause 1, Article 352 of the Penal Code include State agencies, organizations, and units as well as non-state enterprises and organizations.
2. “State agencies, organizations and units” mean agencies, organizations and units defined in Clause 9, Article 3 of the Law on Anti-Corruption, including: State agencies, political organizations, socio-political organizations, units of the People's Armed Forces, public service providers, State-run enterprises and other organizations and units which are established by the State, those whose infrastructure facilities are invested in by the State or whose operating budget is wholly or partially allocated by the State, those directly managed by the State, or those participating in the management to serve the common and essential development needs of the State and the society.