The case of missing the Math exam: prosecution of "Unintentionally revealing State secrets", canceling exam results

The Internal Political Security Department, City Police has decided to prosecute the case of "Unintentionally revealing State secrets" (according to the provisions of Article 33, Criminal Code) to investigate and clarify the case of revealing high school graduation exam questions that occurred on June 26, in Hanoi.

Specifically, regarding the suspicion of passing the Math exam question from a photo of a part of the exam question that has been posted on the application to solve math with artificial intelligence (AI) before the end of the test time (from 14:30 to 16:00 on June 26), candidates and parents expressed concerns, worried about the security of the exam and the seriousness and seriousness of the exam.

The Department of Internal Political Security, Ministry of Public Security has directed the Hanoi City Police to urgently verify and clarify the case.

Implementing the direction, the Internal Political Security Department, the City Police coordinated with the professional units of the Ministry of Public Security and the Investigation Security Division, the Cyber Security and High-tech Crime Prevention and Control Division (Hanoi City Police) to quickly get involved.

Through the initial investigation, the functional forces determined: Candidate N.V.K. secretly brought his mobile phone into the exam room and took a photo of a part of the Math exam question and uploaded it to the StudyX application to solve the exam question but could only copy the answers of 2 exam questions.

In addition, N.V.K also took photos and posted the Chemistry and Physics exam questions during the exam on June 27. Expanding the investigation, the Public Security Agency also discovered 1 other case of also using a phone to cheat on the exam.

Similar to N.V.K, L.T.M.A candidates secretly brought their phones into the exam room to take photos of the Math, History, and English exams and then used the AI Gemini application on their phones to solve the exam questions.

The exam proctoring council has detected and made a record of violation of the exam regulations and suspension of the exam.

The case is being urgently investigated and clarified by the functional forces to be handled strictly in accordance with the law.

Through the above incident, the Internal Political Security Department, Hanoi City Police recommends that parents and candidates use their phones to take photos of the exam questions and post them on AI applications, the internet or send them to external subjects to solve the questions during the exam period and the confidentiality period is a violation of the law on confidentiality protection State.

Violating candidates will be suspended from the exam, cancel the test results and consider and handle in accordance with the provisions of the law on administrative, even criminal, based on the nature, extent and consequences of the violation.

The high school graduation exam is a top secret state secret

Talking to reporters, lawyer Nguyen Hoai Nam - Bamboo Star Law Firm Co., Ltd. said that according to the provisions of Clause 1, Article 1 of Decision 531/QD-TTg, official exam questions, preparatory exam answers, answers to preparatory exams of high school graduation exams, national excellent student selection contests, international and regional Olympic team selection contests that have not been publicly disclosed are classified as top secret state secrets.

Thus, the official exam question of the high school graduation exam is a top secret state secret. According to Clause 1, Article 5 of the Law on Protection of State Secrets 2018, the act of revealing high school graduation exam questions is a strictly prohibited act.

Criminal and administrative handling levels when revealing exam questions

Lawyer Hoai Nam analyzed that people who commit acts of revealing exam questions can be prosecuted for criminal liability for one of the following crimes:

The crime of intentionally revealing state secrets according to Article 337 of the Criminal Code 2015 (amended in 2017):

- Bracket 1: Imprisonment of between 2 and 7 years for deliberately disclosing state secrets, appropriating, trading or destroying state secret objects or documents.

- Bracket 2: Imprisonment of between 5 and 10 years if state secrets are top secret; abusing positions and powers; or causing harm to national defense, security, foreign relations, economy and culture.

- Bracket 3: Imprisonment of between 10 and 15 years for committing organized crimes; state secrets of top secret; committing the crime 2 times or more; or harm the political regime, independence, sovereignty, unity and territorial integrity.

- Additional penalties: Offenders may also be fined from 10,000,000 VND to 100,000,000 VND, banned from holding certain positions, practicing certain professions or doing certain jobs for 1 to 5 years.

In addition, people who commit acts of revealing exam questions may also be sanctioned for administrative violations. Specifically, individuals can be fined from 20 million VND to 30 million VND; organizations may be fined from 40 million VND to 60 million VND. At the same time, they were also forced to remove the disclosed state secret documents (according to Clauses 4 and 5, Article 19 of Decree 144/2021/ND-CP).

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