Van Thinh Phat case: How much does Ms. Truong My Lan have to overcome to escape the death penalty?

Regarding the final verdict of Ms. Truong My Lan, she still did not escape the death penalty. Recently, the lawyer spoke up and stated remedial measures, clearly stating how much it takes to escape the death penalty.

The defendant committed 3 crimes at the same time, causing bad public opinion. The first-instance court's sentence to the defendant to death for embezzlement of assets, 20 years in prison for giving bribes, and 20 years in prison for violating regulations on lending in the operation of credit institutions is the right person, the right crime, and no wrongdoing.

At the appellate hearing, the defendant Truong My Lan and the defendants, individuals and legal entities paid more money to remedy the consequences, the defendant Lan also voluntarily put many assets into the remedy.

However, according to the Judicial Council, these assets are not enough legal grounds to determine their value, thereby not enough basis to determine that the defendant has overcome 3/4 of the consequences to apply the penalty relief for the crime of embezzlement of assets.

During the trial, the defendant also had profound changes in awareness, repentance and many other extenuating circumstances, so the Board of Directors accepted the view of VKS to mitigate part of the penalty for violating regulations on lending in the operation of credit institutions.

Therefore, the court accepted the appeal to reduce the sentence from 20 years in prison to 16 years in prison for this crime, but still maintained the sentence for the other 2 crimes. Summing up the punishment, the jury forced the defendant Truong My Lan to serve the death penalty.

Regarding civil liability, the Judicial Council maintains the view that Ms. Lan is obliged to compensate a total of more than VND 673,000 billion - which is the outstanding debt of the loans up to the time of prosecution of the case.

At the same time, continue to distraint and block assets related to Ms. Lan to ensure the obligation to enforce the judgment. The court also rejected her appeal for exemption of more than 600 billion VND in court fees.

Doctor of Law Dang Van Cuong, Head of the Chinh Phap Lawyer's Office, said that according to the provisions of Article 40 of the 2015 Criminal Code, the death penalty is a special punishment only applied to particularly serious offenders belonging to one of the crimes of infringing upon national security. infringing upon human life, crimes related to prohibited substances, corruption and a number of other particularly serious crimes prescribed by this Code.

The law also stipulates that the death penalty does not apply to people under 18 years old when committing crimes, pregnant women, women who are raising children under 36 months old, or people who are full 75 years old or older when committing crimes or at trial.

In addition, the death penalty shall not be executed for a convicted person if it falls into one of the following cases: Pregnant women or women who are raising children under 36 months old; Persons aged 75 years or older.

It is worth noting that, according to Mr. Cuong, the 2015 Criminal Code stipulates that the death penalty shall not be executed for persons sentenced to death for the crime of embezzlement of property, the crime of accepting bribes but after being convicted they have actively returned at least three-quarters of the embezzled assets. accepting bribes and actively cooperating with the authorities in detecting, investigating and handling crimes or making great achievements.

This will be an opportunity to escape the death penalty for some offenders when they have overcome most of the consequences and made great achievements. However, if only overcoming the consequences without additional circumstances is coordinating with the authorities in detecting and handling crimes, the penalty level cannot be changed.

Therefore, in case after being sentenced to death, Ms. Truong My Lan returns at least three-quarters of the embezzled assets and must have the additional condition of actively cooperating with the authorities in detecting, investigating and handling crimes or making great achievements to have the opportunity to escape the death sentence.

Or in case the convict sends an application to the President requesting clemency and is agreed by the President, the death penalty may also be transferred to life imprisonment in accordance with the law.

Bà Trương Mỹ Lan bần thần nghe đề nghị án tử, được trao cơ hội gặp lại con gái Trí Nhi13:30:18 21/03/2024Sau khi nghe bị đề nghị mức án tử, bị cáo Trương Mỹ Lan - nhân vật chủ chốt trong vụ Vạn Thịnh Phát đã phải ngã quỵ, suy sụp tinh thần. Bà cũng có cơ hội được gặp lại con gái, như là một đặc ân.