Cannot use remediation to bargain for a reduced sentence

Lê Thanh Phong |

At trials of corruption and bribery cases, many defendants asked to remedy the consequences in order to have their sentences reduced.

Criminal law provides for mitigating circumstances, such as the offender voluntarily repairing, compensating for damages or remedying the consequences. However, the consequences are not only monetary, but also many other intangible losses.

Not to mention, the causes of violations stem from mistakes or intentional corruption, embezzlement, bribery, and embezzlement of public funds.

Regarding the Xuyen Viet Oil case, Chairwoman of the Board of Members Mai Thi Hong Hanh admitted to the acts as alleged in the indictment and expressed her desire to remedy the consequences. The defendant said that the company currently has a number of assets under the company’s name, along with personal assets and assets under the name of acquaintances that can be used to compensate for losses.

Mai Thi Hong Hanh caused a loss of 1,463 billion VND from the Petroleum Price Stabilization Fund and Environmental Protection Tax. Then, to cover up the violation, she bribed many officials. Please tell me how to remedy the situation to compensate for the financial losses as well as other consequences.

Officials involved in this case such as Le Duc Tho (former Secretary of Ben Tre), Do Thang Hai (former Deputy Minister of Industry and Trade), Nguyen Loc An (former Deputy Director of the Domestic Market Department of the Ministry of Industry and Trade), Hoang Anh Tuan (former Deputy Director of the Domestic Market Department), Tran Duy Dong (former Director of the Domestic Market Department), Dang Cong Khoi (former Deputy Director of the Price Management Department of the Ministry of Finance) were also prosecuted for bribery.

These people have returned part or all of the bribe money and hope the jury will consider reducing their sentences. It is easy to recover money, but bribe money, if you cannot eat it, you must return it.

But, how to overcome other consequences such as causing serious and difficult-to-remedy consequences; risk of huge losses of money and State assets, waste of social resources; public outrage, negative impact on the reputation of Party organizations and State management agencies?

In the Van Thinh Phat case, when defending herself, defendant Truong My Lan said: "If we can live, we will have the opportunity to continue to overcome the consequences, and we will have a way to revive unfinished projects."

This is also a way to use remediation to bargain for a reduced sentence.

The consequences that Truong My Lan caused were not only the embezzled amount of 304,000 billion VND, but also affected and disrupted the economy, financial and real estate markets, and bribed many officials... How can this be resolved?

Deliberately corrupt, accepting bribes, giving bribes to achieve the goal of raking in money, then when exposed, asking to return the stolen money and claiming it as "merit" to bargain for a lighter sentence. So absurd.

Lê Thanh Phong
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