Cases of embezzlement of property are only administratively fined according to Vietnamese law
Property embezzlement often referred to as a crime specified in the Penal Code. However, people who embezzle property are not always criminally prosecuted. In some cases, this person is only fined administratively. So when and what conditions are needed for violators to be administratively handled? Today, LSX Lawfirm will give you an article about “Cases of embezzlement of property are only administratively fined according to Vietnamese law”, as follows:
Legal grounds
Penal Code 2015, Amendment and Supplement 2017
Decree 63/2019/ND-CP
Property embezzlement is an act of abusing one’s position and power to appropriate property that one is responsible for managing; Depending on the seriousness of the violation, they will administratively handled or examined for penal liability. As follows:
Crime of embezzlement of property
The crime of embezzlement of property is specified in Article 353 of the Penal Code 2015. To handle this crime, violators must have all the elements constituting the crime and punished as follows:
Constituting the crime of embezzlement of property
Objects
The offense has infringed on the proper operation of state agencies, political organizations, socio-political organizations, and economic organizations of the State and infringed upon the property rights of such organizations in the above position then.
Subjective side
Offenders commit crimes with intentional error.
The motive of the violator is for profit.
Objective side
Firstly, on the act of embezzlement of property: Acts of appropriating property that they are responsible for managing by tricks by taking advantage of their positions and powers. The first offense must be appropriation. The object of the act of appropriation is the property that the offender assigned to manage. The offenders have taken advantage of the responsibility to manage the assigned property, appropriating the property they are managing. The tricks to take advantage of this property management responsibility may be different, but in fact, they are all using their assigned positions and powers as conditions and means to be able to carry out acts of embezzlement of assets, turning assets into illegal activities. transferred as their property.
Secondly, about the value of the property appropriated.
Assets valued at VND 2 million or more; or less than 2 million dong but in one of the following cases specified in Clause 1, Article 353 of the Penal Code.
Subject
The subject of the crime of embezzlement and appropriation of property is a person with a position and authority; at the same time must be the person responsible for the management of the appropriated property.
A person holding a position is a person by appointment, election, contract, or another form; salaried or unpaid; assigned to perform a certain task or task, and have certain powers while performing their duties and tasks.
Persons responsible for property management, irresponsible for property assigned by the State or enterprises to manage. In case the value of the appropriated property is less than 2 million VND, the violator must be one of the following two cases:
– Has disciplined for this act but still violates it.
– Has convicted of one of the crimes specified in Section 1, Chapter XXIII of the Penal Code, has not yet expunged but continues to commit it.
Penalty
The value of the appropriated property is from VND 2 million to under VND 100 million; or less than 2 million dongs but falling into one of the cases specified in Clause 1, Article 353 of the Penal Code; shall sentenced to between 2 and 7 years of imprisonment.
For organized crime cases; use cunning and dangerous tricks; commit the crime twice or more; appropriate property valued between 100 million dongs and under 500 million dongs; appropriate money and property for the purpose of hunger eradication and poverty alleviation; money, allowances, subsidies, and incentives for people with meritorious services to the revolution; reserve funds or other types of money or assets to support or donate to areas affected by natural disasters, epidemics or regions with special economic difficulties then; causing property damage from 1 billion VND to less than 3 billion VND; adversely affecting the lives of cadres, civil servants, public employees and employees in agencies and organizations, shall sentenced to between 7 and 15 years of imprisonment.
In addition
So to sentenced to between 15 years and 20 years of imprisonment if they appropriate property valued between VND 500 million and under VND 1 billion; causing property damage of between VND 3 billion and under VND 5 billion; adversely affect security, social order, and safety; leading to the bankruptcy of a business or other organization.
In case of appropriating property worth one billion VND or more; causing property damage of 5 billion VND or more, the offenders shall sentenced to 20 years’ imprisonment, life imprisonment, or death.
In addition, offenders also banned from holding certain posts for 1 to 5 years; may be subject to a fine of between VND 30 million and VND 100 million; confiscation of part or all of the property.
In which case embezzlement of property is only subject to administrative fines?
If the property embezzlement is not to the extent of prosecuted for criminal responsibility or otherwise fails to ensure the composition of the above crime, it will administratively handled. The sanction will implemented according to point clause 1, article 12 of Decree 63/2019/ND-CP.
1. Impose fines for acts of appropriating public property that is not serious enough to prosecuted for penal liability (holding and using public property without the permission of a competent state agency) according to fine levels. after:
a) Firstly, from VND 1,000,000 to VND 5,000,000 for public property valued at under VND 100,000,000.
b) Secondly, From VND 5,000,000 to VND 10,000,000 for public property valued at VND 100,000,000 or more;
c) Thirdly, A fine ranging from VND 10,000,000 to VND 20,000,000 in case of appropriating working offices, non-business establishments, and cars.
– Additional sanction:
Confiscate exhibits and means used to commit violations.
In addition, violators are also subject to the following remedial measures:
a) Firstly, forcible restoration of the original condition of the property that has changed due to the act of administrative violation to return it to the organization; if it is not possible to restore the original state of the property, compensation must made in cash or property with functions and use-value equivalent to the original property;
b) Secondly, Forcible payment to the state budget the amount corresponding to the rent of the property during the appropriation period.
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Related questions
Pursuant to Decree 112/2020/ND-CP, cadres, civil servants, and public employees; Those who commit acts of violating regulations on anti-corruption not yet to the point of being examined for penal liability shall be subject to disciplinary measures, reprimands, or warnings. Cadres and civil servants holding leadership and management positions; may be subject to disciplinary action, demotion or dismissal. In case public servants and public employees commit crimes of embezzlement, they are sentenced to prison by the Court but are not entitled to a suspended sentence; within 15 working days from the date of receipt of the decision; legally effective judgment of the Court; The competent authority to handle discipline shall issue a disciplinary decision on dismissal.
The person who commits the crime of embezzlement of property may have people without positions and powers as accomplices, but the practitioner in the case of accomplices of property embezzlement is necessarily a person with a position and authority.
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