On 10/12, The People's Court of Hanoi tried Mr. Nguyen Duc Chung - former Chairman of Hanoi People's Committee in the Redoxy 3C case. From a legal perspective, if it is determined to be a violation, Mr. Nguyen Duc Chung can face how many years in prison?

Mr. Nguyen Duc Chung continues to appear in court

The Trial Panel (Trial Council) of the People's Court of Hanoi opened the first-instance trial, officially bringing in Mr. Nguyen Duc Chung, Vo Tien Hung - former General Director of Hanoi Sewerage One Member Limited Company (the company) Drainage), Nguyen Truong Giang - Chairman of the Board of Members, cum General Director of Arktic Trading and Service Company Limited (Arktic Company) went to trial.

Mr. Chung and 2 accomplices were tried for the crime of "abusing positions and powers while performing their official duties", specified in Clause 3, Article 356 of the 2015 Penal Code, as amended and supplemented in 2017. .

Lawyer Hoang Tung, Head of Trung Hoa Law Office (Hanoi LawyersAssociation), said that through recent corruption cases, it can be seen that now corruption acts not only occur in the field of law. economic activities that are seriously creeping into law enforcement agencies, even in areas that are considered ethically important such as: health care, education, implementation of social policies, and humanitarian philanthropy.

Article 356 of the Penal Code 2015, amended and supplemented in 2017 provides for the crime of abusing positions and powers while performing official duties, stipulating: Those who take advantage of their positions for self-interest or other personal motives , having the power to violate official duties, causing property damage of VND 1,000,000,000 or more, the offenders shall be sentenced to between 10 years and 15 years of imprisonment.

With the allegation of violating Clause 4, Article 5 of the Law on management and use of state capital invested in production and business in enterprises, according to Article 219 of the Penal Code 2015, amended and supplemented in 2017 stipulating the crime of who violates regulations on management and use of State property, causing loss or waste, those who are assigned to manage and use State property but violate the regime of management and use of property, causing losses, wasteful causing property damage of 1,000,000,000 VND or more, the offenders shall be sentenced to between 10 and 20 years of imprisonment.

Punishment is the most severe measure decided by the court to limit or deprive the rights and interests of the offenders, commercial legal entities. Not only that, punishment also educates offenders to be more aware of obeying the law, preventing them from committing new crimes, and preventing and fighting crime.

 Along with the previously accused crime of Mr. Nguyen Duc Chung, when trying the same person for more than one crime at the same time, the Court decides the penalty for each crime and summarizes the penalties according to the provisions of Article 55 of the Penal Code. the 2015, as amended and supplemented in 2017, not to exceed 30 years for fixed-term imprisonment.

"Assuming the maximum penalty of Mr. Nguyen Duc Chung for each crime, the total penalty for both crimes is 35 years in prison, excluding the penalty for the previous crime. According to Article 55 of the 2015 Penal Code, the total penalty for the crimes that Mr. Chung has to bear can be up to 30 years in prison," said lawyer Tung.

The time limit for complaints is 15 days

Lawyer Tung said that Mr. Chung urgently sent a letter of nearly 6,000 words to the Chief Justice of the People's Court of Hanoi must have his own arguments, there may be some problems here. Therefore, the procedural authorities need to consider the contents of Mr. Nguyen Duc Chung's complaint to find out new points in the process of adjudicating the case.

In addition, Article 32 of the 2015 Criminal Procedure Code stipulates that individuals, agencies and organizations have the right to complain, and individuals have the right to denounce illegal acts in the criminal procedure activities of the agency. authorities, persons competent to initiate proceedings or any individual belonging to such bodies.

Competent agencies and persons must receive, consider and settle complaints and denunciations in a timely and lawful manner; send written settlement results to complainants, denunciators, complaint agencies and organizations and take remedial measures.

The statute of limitations for filing a complaint is 15 days from the date the complainant receives or learns of a procedural decision or act that he or she believes is illegal. Complaints against procedural decisions and acts of the Chief Justice of the People's Court of the province shall be considered and settled by the Chief Justice of the Superior People's Court within 15 days from the date of receipt of the complaint. The settlement decision of the Chief Justice of the High People's Court is legally effective.

According to lawyer Tung, in the case when the Chief Justice of the High People's Court considers and thinks that Mr. Chung did not commit the alleged acts, Mr. Nguyen Duc Chung will "restore his rights and interests". law has been infringed, shall be compensated for damage in accordance with the provisions of law" according to the provisions of Article 472 of the 2015 Criminal Procedure Code, which provides for the rights and obligations of the complainant. For other crimes, Mr. Chung is still subject to the correct punishment for the crime and the seriousness of the crime caused by his acts.

Giving his opinion on the case, reader Le Thanh Hung (in Long Bien district, Hanoi) said that the law was clear, whoever violated it, the authorities would clarify and handle it. there. Mr. Chung's complaint must have some reasons and twists.

"Regarding this content, the authorities will clarify according to the provisions of the law. However, I hope that the authorities will clarify and strictly handle according to regulations, especially issues related to the causing losses to the State budget," Hung said.\