Mrs. Truong My Lan (68 years old, Chairman of the Board of Directors of Van Thinh Phat Group) has just been sentenced to death by the People’s Court of Ho Chi Minh City for property embezzlement. p>
The death penalty is the highest penalty in the provisions of current law. So after the above verdict, does Ms. Truong My Lan still have a chance to live?
Appeal for clemency</ p>
Regarding the above issue, a lawyer from the Ho Chi Minh City Bar Association said that according to Clause 1, Article 40 of the 2015 Penal Code, death penalty is a special punishment that only applies to people who commit extremely serious crimes. belongs to one of the groups of crimes that violate national security, violate human life, drug crimes, corruption and a number of other particularly serious crimes prescribed by the Penal Code.
< p>Currently, in the current Penal Code, there are 18 crimes subject to the death penalty, of which the crime group related to corruption includes bribery and property embezzlement, which has the highest penalty of death .
According to the lawyer in this case, the People’s Court of Ho Chi Minh City has just issued a first-instance judgment and the judgment has not yet taken legal effect.
According to the law within the time limit 15 days from the date the court sentenced Ms. Truong My Lan, she has the right to appeal to the High Court in Ho Chi Minh City to request a review of the above judgment.
In addition, according to current criminal procedure law Within 7 days from the verdict taking legal effect, the owner of Van Thinh Phat Group can send a petition for clemency to the President.
In which cases does the death penalty not apply? ?
Agreeing with the above point of view, lawyer Luu Tan Anh Toan (Director of Luu Vu Law Firm) shared some cases where the death penalty is not applied and is not executed. death penalty.
According to Mr. Toan, criminals falling into the cases specified in Clause 2, Article 40 of the current Penal Code will not be subject to the death penalty.
Specifically, offenders under 18 years old, pregnant women, women raising children under 36 months old at the time of the crime or at trial, people 75 years of age or older at the time of crime or trial.
Party In addition, lawyer Toan also said that the death penalty will not be imposed on pregnant women or women raising children under 36 months of age, people 75 years of age or older, or people sentenced to death for embezzlement of criminal property. Receiving bribes, but after being convicted, proactively surrendered at least 3/4 of the embezzled assets and actively cooperated with authorities in detecting, investigating, and handling crimes, or made great achievements. .
With the above provisions in the proceedings (appeal to enforce the judgment), if Ms. Lan returns at least 3/4 of the amount of money she was accused of embezzlement, she will not be executed. death. At this time, based on Clause 4, Article 40 of the 2015 Penal Code, the death penalty will be reduced to life imprisonment.
Bases for the death penalty of Ms. Truong My Lan</p >
Based on the case file and the examination results in court, the jury believes that there is enough basis to determine that Ms. Truong My Lan is the owner of Van Thinh Phat Group and many other companies in the Van Thinh “ecosystem. Phat.
Even though defendant Truong My Lan did not admit to committing a crime, the jury had sufficient grounds to determine that Ms. Lan held more than 91.5% of SCB Bank’s shares, with nearly controlling power. absolutely at SCB. The jury found that the testimony of defendant Lan and the defense lawyer that Ms. Lan only held 15% of the remaining shares belonged to foreign shareholders and asked her friends to sign her name was unfounded and had no basis for acceptance.</ p>
According to the jury, the defendants disregarded the provisions of The law even disbursed money first to legalize the file later. Defendant Truong My Lan became the person with the highest decision-making authority at SCB, enough signs of being a subject with positions and powers of the crime of asset embezzlement.< /p>
The jury affirmed that the defense that defendant Lan had no role at SCB was unfounded and was not accepted by the court The crime is the same as the indictment.
The consequences caused by defendant Lan and his accomplices are particularly serious, causing especially great damage to SCB, pushing the bank into a state of illiquidity, causing panic. brought to customers. The actions of the 86 defendants were organized in which Truong My Lan was the mastermind and leader of the crime.
Therefore, the court believes that it should be applied. The most severe punishment according to the Penal Code prescribed for defendant Lan.
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