(LSVN) – According to the lawyer, if only compensating for damage and remediating consequences but does not actively cooperate with investigative agencies in detecting, investigating and handling crimes or making great achievements, the accused This provision will not be applied to change to another lighter penalty
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Regarding the "rescue flight" case, up to now, the defendants and their families have paid about 135 billion VND and 1.85 million USD for remedial damages. In which, the group of defendants who received bribes paid back nearly 97 billion VND. In particular, on July 24, the family of defendant Pham Trung Kien (former Secretary of the Ministry of Health) paid an additional VND 07 billion to overcome the consequences of the case, bringing the total amount of money to be remedied by defendant Kien. to 42 billion VND out of a total of more than 42.6 billion VND that the Procuracy accused Kien of taking bribes.
For the defendants who have paid remedial money, is this considered a basis for reducing criminal liability according to the law? According to Lawyer Dang Van Cuong, the City Bar Association. According to Hanoi, according to the provisions of the Penal Code, if a person receives a bribe of VND 1 billion or more, the court has the right to impose a penalty of 20 years in prison, life in prison or the death penalty.
However, there are many factors that determine the level of the penalty, not just the amount of money appropriated, the nature of the case. In deciding the appropriate punishment, both personal and behavioral factors must be fully considered.
In case the offender realizes that his or her act is against the law, has sincerely declared, repents, has basically compensated and overcomes the consequences and consequences of the act dangerous to society. society has been reduced, may consider mitigating a part of the sentence for the accused to impose an appropriate penalty.
Punishment is not only a form of deterrence and punishment for the accused but also has the purpose of rehabilitation and education. Only in cases where the trial panel determines that the defendant is no longer capable of re-education, the non-severe handling of the accused may not represent a general preventive deterrent for society, will the sentence be imposed. The highest penalty is the death penalty.
Lawyer Dang Van Cuong analyzed, Article 40 of the Penal Code stipulates that the death penalty is a special punishment applied only to those who commit particularly serious crimes in one of the groups of crimes infringing upon national security. infringing upon human life, drug-related crimes, corruption and a number of other particularly serious crimes prescribed by this Code.
At the same time, the death penalty does not apply to persons under 18 years of age when committing crimes, pregnant women, women raising children under 36 months of age or persons aged full 75 years or older when committing crimes or at trial. Failing to execute the death sentence for convicts if they fall into one of the following cases, such as pregnant women or women raising children under 36 months old; Persons aged full 75 years or older; The person sentenced to death for embezzlement of property, the crime of accepting bribes and after being convicted, actively surrendered at least three-quarters of the embezzled property, accepted bribes and actively cooperated with authorities ability in detecting, investigating and handling crimes or making great achievements.
Thus, the Penal Code stipulates that in case the defendant has been sentenced to death for the crime of "Embezzlement of property, accepting bribes", after being convicted, the defendant has actively compensated and remedied the consequences. Four-quarters of the money appropriated, and actively cooperating with authorities in detecting, investigating, handling crimes or making great achievements will be transferred from the death penalty to life imprisonment.
“If only compensation for damages and remedial measures 100% but no second condition is to actively cooperate with investigating agencies in detecting, investigating, handling crimes or making great achievements, the accused will not be able to apply this provision to change to another lighter penalty,” said the lawyer.
TRAN QUUI
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