Former Lieutenant General Nguyen Van Son is the mastermind
Among these are Mr. Nguyen Van Son (former Lieutenant General, former Commander), Hoang Van Dong (former Lieutenant General, former Political Commissar), Doan Bao Quyet (former Major General, former Deputy Political Commissar cum Political Director). , Pham Kim Hau (former Major General, former Deputy Commander and Chief of Staff) and Bui Trung Dung (former Major General, former Deputy Commander).
Former Lieutenant General Nguyen Van Son was identified as the mastermind and initiator. Photo: TN
Mr. Son was accused when he was in office for directing “extraction” of VND 50 billion from the budget to buy equipment to share with 4 officials under his command.
In the case, Mr. Son was identified as having the role of “the mastermind and initiator”, so he must bear the main responsibility.
Former Lieutenant General Nguyen Van Son was prosecuted for the crime with the highest penalty of death
Regarding the case, commenting on the crime of embezzlement of property that former Lieutenant General Nguyen Van Son and 4 subordinates were prosecuted, lawyer Nguyen Thi Quynh Tho (Interla Law Office) said, the crime is prescribed. in Article 353 of the 2015 Penal Code.
Property embezzlement is a typical crime in the group of corruption crimes. Offenders commit acts of abusing their positions and powers to appropriate property under their management and such acts are directly related to the position and powers of the offenders.
This means that the offender must be a person who has a position and authority and has used his position and authority as a means to commit a crime.
According to Ms. Tho, the crime of embezzlement of property is also a crime of appropriation nature, so as with other crimes of appropriation nature, the offenders commit their acts with direct intention.
That is, the offender is aware that his or her behavior is dangerous to society, foresees the consequences of that behavior and wants the consequences to happen.
No case of embezzlement of property is done by indirect intention, because the offender always wants to appropriate the property that he is responsible for managing.
The offense has infringed on the proper operation of state agencies, political organizations, socio-political organizations, economic organizations (inside and outside the state) and infringed upon property rights. of agencies and organizations.
Regarding penalties, the lawyer said, Article 353 stipulates that those who abuse their positions and powers to appropriate property that they are responsible for managing are worth between 2 million and under 100 million dong or under 2 million dong but belong to one of the specific cases will be sentenced to prison from 2 to 7 years.
If the crime is organized; Using cunning and dangerous tricks; Appropriating property valued between 100 and under 500 million dong; Causing property damage from 1 to less than 3 billion VND will be sentenced to between 7 and 15 years of imprisonment.
If appropriating property valued between VND 500 million and under VND 1 billion; Causing property damage from 3 to under 5 billion dong; Causing adverse effects to security, social order and safety… shall be sentenced to between 15 and 20 years of imprisonment.
In case of appropriating property worth VND 1 billion or more or causing property damage of VND 5 billion or more, the offenders shall be sentenced to 20 years in prison, life imprisonment or death.
In addition to the application of one of the main penalties mentioned above, depending on the specific case, the person who commits the crime of embezzlement of property is also banned from holding certain posts for 1 to 5 years, may be fined from 30 to 100. million dong, confiscation of part or all of the property.
“In the above case, former Lieutenant General Nguyen Van Son was prosecuted under Clause 4, Article 353 of the Penal Code. The highest penalty in this clause is death,” added Ms. Tho.