The Investigative Police Agency of the Ministry of Public Security is conducting an extensive investigation to clarify the violations and responsibilities of the subjects involved in the case "Violation of State regulations on accounting, causing serious consequences". occurred at Cuu Long Pharmaceutical Joint Stock Company and related units, and prosecuted the related defendants.

Approved by the Supreme People's Procuracy, the Investigative Police Agency of the Ministry of Public Security has executed the decision to prosecute the accused, the order to arrest the accused for temporary detention and the search warrant for 2 subjects including: Luong Van Hoa. (former General Director of Cuu Long Pharmaceutical Joint Stock Company) and Nguyen Van Thanh Hai (former Chief Accountant of Cuu Long Pharmaceutical Joint Stock Company) for the crime of "abusing positions and powers while on official duty" prescribed in Article 356 of the Penal Code.

The decision to prosecute the accused, the ban on leaving the place of residence and the search warrant against Nguyen Thanh Tong (former Deputy General Director of Cuu Long Pharmaceutical Joint Stock Company) for the crime of "abusing positions and powers while performing official duties" specified in Article 356 of the Penal Code.

Lawyer Tran Tuan Anh - Director of Minh Bach Law Firm, Lawyers Association of Hanoi said: "In the case of Cuu Long Pharmaceutical Joint Stock Company, an amount of US$3.8 million was lost, equivalent to the amount of about 83 billion Vietnam Dong, which can be considered as the level of damage to property and the interests of the State to serve as a framing detail when the authorities decide the penalty".

Pursuant to Article 356 of the Penal Code 2015 amended and supplemented in 2017 on the crime of abusing positions and powers while performing official duties:

"1. Those who abuse their positions and powers to do their official duties for personal gain or other personal motives cause property damage ranging from VND 10,000,000 to under VND 200,000,000 or cause damage to the interests of the Company. of the State, the lawful rights and interests of organizations and individuals, shall be subject to non-custodial reform for up to 3 years or a prison term of between 1 and 5 years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 5 and 10 years of imprisonment:

a) Organized;

b) Committing the crime twice or more;

c) Causing property damage of between VND 200,000,000 and under VND 1,000,000,000.

3. Committing the crime of causing property damage of VND 1,000,000,000 or more, the offenders shall be sentenced to between 10 and 15 years of imprisonment.

4. The offenders are also banned from holding certain posts for 1 to 5 years and may be subject to a fine of between VND 10,000,000 and 100,000,000.”

"Thus, when the competent authorities investigate, verify, clarify and prove that the loss of $3.8 million is causing damage to the State due to the accused's criminal acts. then with a property damage of over 1 billion dong, the penalty in this case may fall into Clause 3, Article 356 with a penalty frame of 10 to 15 years in prison.

At the same time, they may be banned from holding certain posts for 1 to 5 years, and fined from 10,000,000 VND to 100,000,000 VND" - Lawyer Tuan Anh said.

Previously, based on investigation documents, the Investigative Police Agency of the Ministry of Public Security determined that the subjects at Cuu Long Pharmaceutical Joint Stock Company took advantage of their positions and powers and intentionally failed to report to the Ministry of Health. In fact, the Ministry of Finance on execution and finalization of order contracts, withheld more than $3.8 million in rebates for purchasing raw materials originating from the State budget, causing damage to the State's property.

On November 3, the Investigative Police Agency of the Ministry of Public Security issued a decision to change the decision to prosecute criminal case No. 06/QD-CSKT-P9, to prosecute the criminal case "Abuse of position, power, while on official duty" occurred at Cuu Long Pharmaceutical Joint Stock Company and related units, and issued procedural decisions.

The Investigative Police Department of the Ministry of Public Security is focusing on investigating and expanding the case, applying statutory measures to clarify the nature, role and criminal behavior of the accused and related subjects. ; thoroughly recover and distrain assets for the State.