In the case that happened at Coast Guard CommandThe Central Military Procuracy has just issued an indictment against 7 defendants at the Coast Guard Command on charges of “embezzlement of property”, including former lieutenant general and former lieutenant general. Commander of the Coast Guard Nguyen Van Son.
Former lieutenant general Nguyen Van Son initiated, discussed and agreed with the 4 heads of the Coast Guard Command on the “intestinal withdrawal” from the budget of 50 billion VND, then divided equally 10 billion VND each.
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Former Major General Pham Kim Hau – who filed a negative and corrupt complaint against himself and the head of the Coast Guard Command. |
Notably, a few months later, the former major general, former Deputy Commander and Chief of Staff Pham Kim Hau make an application to the authorities, enclosed with 2 recording files reflecting on the negative and corruption of themselves and some individuals who are heads of the Coast Guard Command related to the procurement of supplies, equipment in 2019.
In addition to denouncing the wrongdoing, during the investigation of the case, Mr. Pham Kim Hau voluntarily remedied all the consequences, sincerely declared, repented, actively cooperated with the agency conducting the proceedings, work process has many achievements … should be reduced criminal liability.
Doctor, lawyer Dang Van Cuong – Hanoi Bar Association said that it is rare for subordinates to denounce their superiors for taking bribes, but they themselves have accepted bribes, which rarely happens in reality. However, even if the bribe recipient confesses, he will still be handled according to the law.
This is a particularly serious criminal case that has caused outrage in public opinion. The Central Military Procuracy prosecuted 7 defendants with a prison term of 20 years, life or death.
In addition to accusing former Lieutenant General Nguyen Van Son (former Commander of the Coast Guard) of being the mastermind and initiator, the Procuracy also clarified who had filed the denunciation and evidence related to the behavior of individuals.
According to the indictment, in 2019, after a resolution was issued to allocate 150 billion VND from the State budget to the Technical Department of the Coast Guard Command for procurement of equipment and supplies, Mr. Director General Nguyen Van Hung withdrew 50 billion VND to transfer back to the High Command for use.
Discussing the “gut removal” of VND 50 billion with a group of defendants including former Lieutenant General Hoang Van Dong (former Political Commissar of the Coast Guard) and 3 former Major Generals Doan Bao Quyet (former Deputy Political Commissar) and 2 former Deputy Commander Pham. Kim Hau, Bui Trung Dung, these individuals all agree.
Thus, with the conclusion of the investigation and the indictment, the accused Phan Kim Hau performed the act of accepting bribes as an accomplice. According to the law, for a bribe recipient, the act constitutes a crime from the time of receipt of a bribe with a property of 2,000,000 VND or more.
In all cases where the bribe recipient has committed a crime but actively declares, confesses, actively helps the investigation agency, these are only mitigating circumstances of a part of the criminal liability, not grounds for exemption from criminal liability. Therefore, defendant Pham Kim Kim is still subject to criminal prosecution and is considered to apply many mitigating circumstances in the process of solving the case.
Former Major General Pham Kim Hau made a self-declaration application about his negative self and some heads of the Coast Guard Command, from which the Ministry of Defense, Central Military Commission Inspection Committee and Central Military Commission Inspection Committee involved in the verification. By 2022, the criminal investigation agency of the Ministry of Defense will prosecute the case and prosecute the accused. However, Mr. Hau himself was still prosecuted and prosecuted for property embezzlement.
Lawyer Cuong said that according to the law on exemption from criminal liability with Mr. Hau making an application to declare his own behavior and others, this case of Mr. Hau can be considered a sign of self-determination. animal.
According to Point h, Clause 1, Article 4 of the 2015 Criminal Procedure Code, self-confess is when an offender voluntarily declares to an agency or organization about his/her criminal act before the crime or offender is discovered.
The case where the offender confesses is a condition to be considered in the case where he can be exempt from penal liability specified at Point c, Clause 2, Article 29 of the Penal Code 2015 as amended and supplemented 2017.
However, in order to be considered for exemption from criminal liability under this provision, apart from the fact that before the criminal act is discovered, the offender must confess to have enough other grounds, such as: effectively contributing to the crime. detect and investigate crimes, try to minimize the consequences of crimes and make great achievements or make special contributions, which are recognized by the State and society.
Besides, this is not an automatic case of being exempted from penal liability when there are enough factors, but only a case that can be exempted from penal liability, that is, even in cases where there are enough grounds above, requiring an assessment. comprehensively evaluate all the facts of the case of the proceeding agency about which cases are exempt and which are not. That is, the prosecuting agency will assess the danger of the crime to society and the seriousness of the case.
The case at the Coast Guard Command is a particularly serious case of property embezzlement. Therefore, it is possible that the agency conducting the proceedings considers that there are not enough grounds to exempt him from criminal liability, so he still decides to prosecute and prosecute Mr. Pham Kim Hau.
However, with the circumstance of confession, this is considered a significant mitigating circumstance for Mr. Hau’s criminal liability as specified at point r, clause 1, Article 51 of the Penal Code. This is the State’s lenient policy towards people who confess, proactively declare before being discovered, actively cooperate, and contribute to limiting damage.
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Video source: PLVN Newspaper Television