Lawyers have an analysis around the case that the police have just arrested another business owner due to inter-line production and trading of 200 million liters of fake gasoline.

Producing and trading in fake gasoline is sentenced to a maximum of 15 years in prison

According to the latest information, Ms. Le Thi Anh Thu, 53 years old, Director of Bien Khoa Trading and Service Co., Ltd. has just been arrested for being involved in a production line and trading in fake gasoline.

Specifically, on November 27, dozens of armed police from Dong Nai Provincial Police, the Ministry of Public Security and Ho Chi Minh City Public Security surrounded Bien Khoa gas station on Pham Van Chieu street, Go Vap district. Ms. Le Thi Anh Thu was arrested for smuggling.

Currently, Dong Nai Police has prosecuted more than 70 people for smuggling crimes; Producing and trading fake goods; Illegal purchase and sale of invoices and vouchers; Giving and Receiving bribes... and coordinated with the Criminal Investigation Department of the Ministry of National Defense to investigate 13 defendants under the authority of this agency.

From a legal perspective, Doctor of Laws Dang Van Cuong said that this is the result of an extensive investigation into the case of smuggling and producing 200 million liters of fake gasoline related to many accused who previously prosecuted.

Ms. Thu was prosecuted for smuggling according to the provisions of Article 188 of the Penal Code 2015. If the quantity of counterfeit goods is worth 1 billion VND or more or illegally obtained 1 billion VND or more, Ms. Thu will have to face a penalty of imprisonment from 12 to 20 years.

According to Dr. Cuong, currently the owner of the petroleum company here has only been prosecuted for one crime, which is smuggling. During the investigation, if there are grounds to show that the accused is still committing other crimes related to bill trading, money laundering, etc., they will continue to be handled in accordance with law.

"For example, during the investigation process, there are grounds to show that Ms. Thu engaged in the production and trading of fake gasoline, she will be prosecuted for the crime of manufacturing and trading in fake goods as prescribed in Article 192 of the Code. criminal 2015. This crime has a maximum penalty of 15 years in prison.

In addition, the offenders may also be subject to a fine of between VND 20 million and VND 50 million, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years, or having part or all of all confiscated. property," said Mr. Cuong.

The investigating agency will clarify when the smuggling took place, the quantity of the contraband, how much it is worth, and how much the accused has earned illegally as a basis for determining the crime and the framework of the amount. penalty.

According to the regulations, the act of smuggling is defined as trading across borders or from a non-tariff zone into the inland or vice versa, contrary to the law, in goods, Vietnamese currency, foreign currency, precious metals, valuable gems from 100 million dong to under 300 million VND or under 100 million VND but falling into one of the following cases where they have been administratively sanctioned or sentenced, have not yet had their criminal records cleared but continue to commit violations or the goods are relics or antiquities .

For individuals who commit the crime of smuggling, the penalty can be up to 20 years in prison if the object of the crime is priced at 1 billion VND or more or illegally obtained 1 billion VND or more.

The offenders may also be subject to a fine of between 20 million VND and 100 million VND, a ban from holding certain posts, practicing certain professions or doing certain jobs for one to five years, or having part or all of their property confiscated.

Commercial legal entities dealing in fake gasoline will also be handled

In addition, according to the provisions of the 2015 Penal Code, smuggling acts can also be handled for commercial legal entities.

Therefore, in this case, where the investigation agency has grounds to show that, in addition to Ms. Thu performing the crime, the commercial legal entity, which is this petroleum company, also performed an act of satisfying the constitutive signs. Criminals will also be handled against this enterprise according to Article 188 of the Penal Code 2015.

Sanctions for commercial legal entities can be fined up to 15 billion VND or be suspended from operation for a term of 6 months to 3 years. Particularly serious offenses may result in permanent suspension of operations.

Dr. Cuong said that this is a smuggling ring, producing fake gasoline in particularly large quantities, negatively affecting economic management activities, on the petroleum market, and showing disregard for the law.

The particularly large amount of illicit gain involved many defendants. Among the accused have been prosecuted, there are those with positions of authority, belonging to law enforcement agencies but have been bribed, corrupted and corrupted by idols.

Therefore, this is a big case, which is the determination of the prosecution agency in the fight against economic crime, contributing to the restoration of order, discipline, security and safety for the society.

"The investigative agency will continue to expand the investigation to clarify the relevant behavior of other subjects. Those who satisfy the signs that constitute a crime will continue to prosecute the accused and blockade them. property and handle it in accordance with the law," said Dr. Cuong.