The case of the Head of Planning and Finance Department and the treasurer of Da Nang University of Technology embezzlement of 86.6 billion has just added new details.
On February 9, the Da Nang City Police served the decision to prosecute the accused, and executed a detention order for Mr. Hoang Quang Huy (Head of the Department of Planning and Finance) and Ms. Lam Thi Hong Tam (treasurer of the Department of Planning and Finance). ) of Da Nang University of Technology on the crime of embezzlement of property.
According to the investigative agency, in early 2021, Ms. Tam asked Mr. Huy to take 500 million VND from the fund of Da Nang University of Science and Technology to settle personal matters. Due to insufficient cash fund, Ms. Tam asked Mr. Huy’s permission to withdraw money from the school’s bank account and was approved.
To perform the act, Ms. Tam filled in the bank check book and gave Mr. Huy to sign for confirmation, then presented it to Mr. Doan Quang Vinh, who was then the Rector of Da Nang University of Technology for approval.
After the first success, Ms. Tam told Mr. Huy that he needed a lot of money to work together, so she suggested that he continue to borrow money from the school’s account.
According to initial information, Ms. Tam repeatedly asked Mr. Vinh to sign checks with the reason of withdrawing money to enter the school’s cash fund to serve expenses. Afraid that Mr. Vinh would not approve a large withdrawal, Ms. Tam discussed with Mr. Huy to leave the amount to be withdrawn on the check blank.
Each time the check was presented to the leader, Ms. Tam and Mr. Huy did not specify the amount, but were still signed by Mr. Vinh. Mr. Vinh has repeatedly signed false checks at the request of Ms. Tam. Having obtained the signature of the bank account holder, Ms. Tam withdrew a total of VND 86.6 billion for personal use.
Facing the highest sentence?
Talking to PV VietNamNet, PhD, lawyer Dang Van Cuong, Head of the Legal Law Office, Hanoi Bar Association, said that this is a particularly serious criminal case, the accused may have to face face the penalty of life in prison or the death penalty.
The case of officials at Da Nang University of Science and Technology embezzling more than 86 billion VND surprised many people because the amount was too large and the defendants performed very reckless acts, disregarding the law.
Lawyer Cuong said that according to the provisions of the Law, those who abuse their positions and powers to appropriate the amount of money they are responsible for managing from 2 million VND or more will be criminally prosecuted for the crime of “Embezzlement” asset”.
The police agency served the decision to arrest Ms. Lam Thi Hong Tam. Photo: CACC
“In case the amount appropriated is from 1 billion VND or more, the penalty will be 20 years in prison, life imprisonment or death. In this case, the initial investigation results showed that the subjects had appropriated more than 86 billion VND, so the punishment could be life imprisonment or death,” the lawyer said.
Clarifying the responsibility of the person involved
Lawyer Cuong added that the investigating agency will clarify each time how the accused withdraws money, the withdrawal procedure and that money is transferred to those who manage and consume.
“In principle, without the signature of the head of the agency, accountants and cashiers are not allowed to withdraw money. The money taken from the school’s funds must be used for the right purposes, according to the plan.
During the investigation of this case, the investigating agency will clarify the causes and conditions of the crime, the responsibilities of the organizations and individuals involved, “said lawyer Cuong.
With the verification results of Mr. Doan Quang Vinh, this principal made an error when signing the false checks, and there may be cases of signing the check with full information, but not controlling the amount of money. how to withdraw and use, leading to the subject’s appropriation of property.
“The responsibility of the legal representative and the account holder of the legal entity is to decide on matters related to daily operations and financial matters of the legal entity.
Therefore, if there are grounds to show that this principal does not perform due to irresponsibility, or improperly performs his assigned duties, causing damage to the school’s property, this behavior has signs of a crime. irresponsibility causes serious consequences according to the provisions of article 360 of the Penal Code”, lawyer Cuong explained.
Doctor, lawyer Dang Van Cuong, Head of Legal Law Office
In case the investigation results show that this act of embezzlement of property was carried out by only two defendants, others do not know, but there are grounds to show that someone with a position of authority because of lack of responsibility did not performing or improperly performing obligations, creating loopholes for these two defendants to commit crimes, the investigating agency will consider the responsibility.
“This person is likely to be prosecuted for the crime of irresponsibility causing serious consequences according to the provisions of article 360 of the Penal Code. With property damage of more than 86 billion dong, the penalty can be imprisonment from 7 to 12 years,” said lawyer Cuong.
In addition to detecting and handling violations, it is necessary to strengthen preventive solutions to better manage the finances of agencies and organizations, the head of the Chinh Phap Law Office said. office.
It is necessary to strengthen the supervision, inspection and inspection mechanism for financial work in order to manage revenue sources and use finance for the right purposes and effectively. At the same time, strengthen moral, professional and professional training, promptly detect and remove cadres who lack moral cultivation, degenerate and degenerate from the apparatus.