Cuong Do La's mother faces a sentence of 10 - 20 years in prison, the lawyer clearly stated the crime

Thanh PhúcJul 21, 2024 at 14:57

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Regarding the case of Cuong Do La's mother - Ms. Nhu Loan, who was recently arrested and had her house searched, the online community also began to worry about the crime and penalty she may face. A lawyer recently spoke up to explain clearly.

On July 19, Ms. Nguyen Thi Nhu Loan, General Director of Quoc Cuong Gia Lai, was detained by the Police Department investigating c.orruption, economic and smuggling crimes (C03, Ministry of Public Security) for violations. regulations on management and use of State assets that cause loss and waste in Clause 3, Article 219 of the Penal Code.

Currently, the investigation agency has not announced Ms. Loan's specific violations. C03 said that it is consolidating documents and evidence regarding the violations of the defendants in the case, while continuing to expand the investigation of other violations of Quoc Cuong Gia Lai Joint Stock Company and other units and individuals. relevant individuals to thoroughly recover assets for the State.

Cuong Do Las mother faces a sentence of 10 - 20 years in prison, the lawyer clearly stated the crime - Photo 1

Lawyer Nguyen Thi Quynh Tho (Hanoi Bar Association) said that Ms. Nguyen Thi Nhu Loan, General Director of Quoc Cuong Gia Lai, was prosecuted as belonging to a group of criminals who violated the economic management order. Accordingly, Article 219 of the Penal Code stipulates as follows: Any person assigned to manage and use State assets who violates the regime of asset management and use, causing loss or waste from 100 to less 300 million VND or less than 100 million VND but has been disciplined or administratively sanctioned for this behavior but continues to violate it, he/she will be sentenced to non-custodial reform for up to 3 years or imprisonment from 1 to 5 years. .

Cuong Do Las mother faces a sentence of 10 - 20 years in prison, the lawyer clearly stated the crime - Photo 2

If you commit the crime of causing loss or waste of 1 billion VND or more, you will be sentenced to imprisonment from 10 to 20 years (clause 3). This crime applies to people who hold positions of authority in the management and use of State assets but do not comply with the law on standards, prices and management methods, leading to loss of State property, waste of State property without requiring the element of self-interest, without the element of property appropriation.

According to Ms. Tho, the crime has a material component, that is, a person is considered to have completed the crime since committing an act specified in the law with a specific amount and material value.

Cuong Do Las mother faces a sentence of 10 - 20 years in prison, the lawyer clearly stated the crime - Photo 3

The offender commits the act intentionally, meaning that he or she is fully aware of the socially dangerous nature of his or her act, foresees the dangerous consequences of that act, and desires or accepts the consequences. that happens.

Consequences are mandatory signs in the constitution of crimes. This means that the person who commits the act will only be prosecuted for criminal liability when the result is a loss or waste of 100 million VND or more or less than 100 million VND but has been disciplined or sanctioned for an administrative violation. This behavior is still a violation.

Cuong Do Las mother faces a sentence of 10 - 20 years in prison, the lawyer clearly stated the crime - Photo 4

If the consequences are lower than the level prescribed above, the offender is not criminally responsible but must be subject to administrative sanctions according to the provisions of Decree 63/2019/ND-CP dated July 11, 2019 Government regulations on sanctioning administrative violations in the field of management and use of public assets; Practicing thrift, preventing waste...

Cuong Do Las mother faces a sentence of 10 - 20 years in prison, the lawyer clearly stated the crime - Photo 5

The move to arrest Ms. Nhu Loan was made by C03 during the process of expanding the investigation of the case of Violation of regulations on management and use of State assets causing loss and waste, occurring at the Rubber Industry Group. Vietnam, Dong Nai Rubber Company, Ba Ria Rubber Company and related units project land area 39-39B Ben Van Don, District 4, larger than 6,200 m2.

Regarding the case, on July 15, C03 temporarily detained Ms. Nguyen Thi Hong, former Vice Chairwoman of Ho Chi Minh City People's Committee, former Deputy Head of Steering Committee 09, on charges of abusing her position and powers while executing the case. equitment. To date, at least 17 people have been prosecuted.

Cuong Do Las mother faces a sentence of 10 - 20 years in prison, the lawyer clearly stated the crime - Photo 6

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