Defendant Nguyen Loc An was recommended to be sentenced to 4-5 years in prison for accepting a bribe of 921 million VND from conducting a physical inspection and proposing the issuance of a license to export and import gasoline. Among the money and gifts received as bribes was a Patek Philippe watch.
The defendants in this case all confessed honestly and repented of their wrongdoings, but everyone said that they received gifts and did not ask the business for bribes.
Defending himself in court on November 26, defendant Nguyen Loc An asserted that he had never solicited money from the company. Regarding the Patek Philippe watch he received from defendant Hanh, Nguyen Loc An said: "I took it because I respected him, not because there was any reason to do so," and asked to be exempted from criminal liability for receiving the Patek Philippe watch.
According to the defendant Nguyen Loc An, the watch was a gift, accepted out of respect for the sentiment, not for the purpose of receiving money or assets to help the business do wrong things.
As defendant Nguyen Loc An said, if everyone accepts assets from businesses out of respect and not for bad motives, then the crimes of bribery and bribery acceptance in the Penal Code should be abolished.
Why is Mai Thi Hong Hanh - Director and Chairwoman of the Board of Members of Xuyen Viet Oil Company not familiar with anyone but familiar with Nguyen Loc An and officials at the Ministry of Industry and Trade? Why does Hanh give gifts to those who can help Hanh legalize documents and create conditions for Xuyen Viet Oil to operate even though it does not meet the requirements?
No one who received money or valuable gifts from Mai Thi Hong Hanh in this case can be said to be impartial. Please note that when Mai Thi Hong Hanh met Nguyen Loc An to ask about the licensing, Nguyen Loc An replied that the cost must be "according to the general level" from 5-7 billion VND.
That expense is not bribery and bribe taking, is it a gift?
Therefore, in response to the views of the lawyers and the defendant, the representative of the Procuracy said that receiving money and gifts from the defendant Hanh, in any form, is a violation of the law.
In the indictment on November 25, the representative of the Procuracy assessed that at the trial, the defendants sincerely confessed their repentance, actively cooperated with the investigation agency and proactively remedied the consequences, so they requested the Trial Panel to consider applying this to the defendants when sentencing.
The jury will consider, but the crime must be clearly defined, accepting a bribe is accepting a bribe, it cannot be said that the gift was received out of respect for feelings.
