How much bribe money can be paid to be exempted from the death penalty?

According to current law, what is the penalty framework for the crime of accepting bribes? In the case of being prosecuted with the highest penalty up to the death penalty, in what cases can the offender be considered exempt from the death penalty?

Answer

Lawyer Ta Anh Tuan (Head of Bach Gia Law and Joint Law Office, Hanoi Bar Association) said that according to the provisions of Article 354 of the 2015 Penal Code, anyone who receives Bribery of 2 million VND or more or less than 2 million VND but has been disciplined for this act but still violates or has been convicted of one of the crimes specified in Section 1 Chapter XXIII of this Code will be be prosecuted for criminal liability.

Depending on the amount of bribe received and the framing details, the offender may face different penalties. In cases where the bribe amount is 1 billion VND or more, the offender can face the highest penalty of 20 years in prison, life imprisonment or death penalty.

In principle Applying the death penalty, Article 40 of the 2015 Penal Code stipulates that the death penalty is a special penalty applicable only to those who commit particularly serious crimes belonging to one of the groups of crimes of infringing upon national security, infringing upon human life, drug crimes, corruption and a number of other particularly serious crimes prescribed by this Code.

This penalty will not be applied or enforced for the following subjects: people under 18 years old when committing the crime; pregnant women raising children under 36 months of age; people who are 75 years old or older at the time of crime or trial and people sentenced to death for property embezzlement and bribery who, after being convicted, actively return at least three-quarters embezzled assets, receive bribes and actively cooperate with authorities in detecting, investigating, and handling crimes or making great achievements.

Thus, the crime of accepting bribes will be considered unacceptable. execute the death penalty if the following 3 conditions are met: Proactively surrender at least 3/4 of the bribed assets; Actively cooperate with the authorities in the process of resolving the case and Make a great contribution.

In addition, in the spirit of Article 5 of Resolution 03/2020/NQ-HDTP of the Council of Judges of the Supreme People’s Court, the principles of handling corruption crimes and other position-related crimes are stipulated as follows :

– The handling of corruption crimes and other position-related crimes must ensure strictness and thorough compliance with the principles of criminal law and criminal procedural law.

< p>- During the proceedings, the bribe-receiving offender has proactively surrendered at least three-quarters of the bribed assets and has actively cooperated with the authorities in detecting, investigating, and handling the crime or establishing merits. If the crime is large, the highest level of the penalty frame in which the offender is prosecuted and tried will not be applied.

– Consider applying a special leniency policy to exempt the penalty according to the provisions of Article 59 of the Penal Code 2015 for offenders with at least 2 circumstances mitigating criminal liability or a first-time offender who is an assistant in an accomplice case but has an insignificant role if they fall into one of the following cases:

+ People commit crimes not for self-interest or other personal motives, but only because they want to innovate and dare to make breakthroughs for the cause of socio-economic development and national defense;

+ The offender is a person in a dependent relationship who is not fully aware of his/her criminal act and is not motivated by self-interest or other personal motives;

+ Has proactively reported Before being discovered, actively cooperated with competent authorities to effectively contribute to the investigation and handling of crimes;

+ The offender proactively reported before being discovered and actively cooperated. with the competent authority, contribute to limiting damage, proactively return all appropriated property, overcome all consequences and compensate for all damages caused by them;

+ The offender After being discovered, he sincerely declared his repentance, proactively returned all appropriated property, remedied all consequences and compensated for all damages caused by him.