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WHAT IS THE PENALTY FOR THE CRIME OF “RECEIVING A RUNNING SENTENCE”?

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Taking advantage of the psychology of those who are in trouble with the law, wanting to have their sentences reduced or to be reformed without detention, many subjects have approached and “bragged” that they have many relationships and can “run a sentence”. However, after gaining trust and appropriating the victim’s money, these subjects used it for personal spending.

Table of Contents:

1. What is “receiving a run-around sentence”?

2. The person who commits the act of running a sentence does not have a position or authority

3. The person who commits the act of running a sentence is a person with a position or authority

1. What is “receiving a run-around sentence”?

Currently, Vietnamese law still does not have specific regulations on what the act of “running a sentence” is. In fact, the act of “bribing” often occurs at the stage of litigation and “bribing” can be understood as the act of using any illegal means to intervene in the investigation and trial process to reduce the punishment of the offender or using illegal means to influence and intervene in the process of resolving the case for the purpose of benefiting one or more parties involved in the case.

2. The person who commits the act of bribery has no position or authority

For the person who commits the crime without a position or authority, this person can be prosecuted for the crime of fraud and appropriation of property according to the provisions of Article 174 of the Penal Code 2015 (sđ, bs 2017). Because this person has no position or authority, he cannot intervene and change the crime, penalty, etc. benefiting the offender but still receiving money in order to appropriate another person’s property

Accordingly, the penalty for the crime of fraud to appropriate property is based on Article 174 of the 2015 Penal Code (sđ, bs 2017) as follows:

“Article 174. Crime of fraud to appropriate property

1. Anyone who, by fraudulent means, appropriates another person’s property worth from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 but falls into one of the following cases, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Having been administratively sanctioned for the act of appropriating property but still violating;

b) Having been convicted of this crime or one of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 175 and 290 of this Code, not having had the criminal record expunged but still committing the violation;

c) Having a negative impact on social security, order and safety;

d) The property is the main means of livelihood of the victim and their family;

2. Committing a crime in one of the following cases shall be punished with imprisonment from 02 years to 07 years:

a) Organized;

b) Professional in nature;

c) Appropriating property worth from VND 50,000,000 to under VND 200,000,000;

d) Dangerous recidivism;

dd) Taking advantage of position, power or taking advantage of the name of an agency or organization;

e) Using cunning tricks;

3. Committing a crime in one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Appropriating property worth from 200,000,000 VND to under 500,000,000 VND;

b) Taking advantage of natural disasters or epidemics.

4. Committing a crime in one of the following cases shall be punished with imprisonment from 12 years to 20 years or life imprisonment:

a) Appropriating property worth 500,000,000 VND or more;

b) Taking advantage of war or emergency situations.

5. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, banned from holding positions, practicing a profession or doing certain jobs from 01 year to 05 years or have part or all of his/her property confiscated.”

3. The person who commits the crime of bribery is a person with a position or authority

For the person who commits the crime of bribery is a person with a position or authority, this person may be prosecuted for the crime of abusing trust to appropriate property as prescribed in Article 175 or the crime of accepting bribes as prescribed in Article 354 of the 2015 Penal Code (sđ, bs 2017).

Accordingly, the penalty for the crime of abusing trust to appropriate property as prescribed in Article 175 or the crime of accepting bribes is prescribed in Article 354 of the Penal Code 2015 (sđ, bs 2017) as follows:

Article 175. Crime of abusing trust to appropriate property

1. A person who commits one of the following acts to appropriate another person’s property worth from VND 4,000,000 to under VND 50,000,000 or under VND 4,000,000 but has been administratively sanctioned for the act of appropriating property or has been convicted of this crime or of one of the crimes prescribed in Articles 168, 169, 170, 171, 172, 173, 174 and 290 of this Code, has not had his/her criminal record cleared but continues to violate or the property is the main means of livelihood of the person being harming and their families, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Borrowing, lending, renting property of others or receiving property of others by contract and then using fraudulent tricks or absconding to appropriate that property or when the time comes to return the property, despite having the conditions and ability, deliberately not returning it;

b) Borrowing, lending, renting property of others or receiving property of others by contract and using that property for illegal purposes leading to the inability to return the property.

2. Committing a crime in one of the following cases, shall be subject to imprisonment from 02 years to 07 years:

a) Organized

b) Professional in nature;

c) Appropriating property worth from VND 50,000,000 to under VND 200,000,000;

d) Taking advantage of position, power or taking advantage of the name of an agency or organization;

e) Using cunning tricks;

e) Causing negative impacts on social security, order and safety;

g) Dangerous recidivism.

3. Committing the crime of appropriating property worth from VND 200,000,000 to under VND 500,000,000 shall be punished with imprisonment from 05 years to 12 years.

4. Committing the crime of appropriating property worth VND 500,000,000 or more shall be punished with imprisonment from 12 years to 20 years.

5. The offender may also be fined from VND 10,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years or have part or all of his/her assets confiscated.”.

“Article 354. Crime of accepting bribes

1. A person who abuses his/her position or power to directly or through an intermediary receive or will receive any of the following benefits for himself/herself or for another person or organization to do or not to do something for the benefit or at the request of the bribe giver shall be sentenced to imprisonment from 02 years to 07 years:

a) Money, property or other material benefits worth from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 but has been disciplined for this act and still commits the violation or has been convicted of one of the crimes specified in Section 1 of this Chapter, has not had his/her criminal record expunged and still commits the violation;

b) Non-material benefits.

2. Committing a crime in one of the following cases shall be sentenced to imprisonment from 07 years to 15 years:

a) Organized;

b) Abusing position or power;

c) The bribe is money, property or other material benefits worth from VND 100,000,000 to under VND 500,000,000;

d) Causing property damage from VND 1,000,000,000 to under VND 3,000,000,000;

dd) Committing the crime 2 times or more;

e) Knowing that the bribe is State property;

g) Demanding bribes, harassing or using cunning tricks.

3. Committing a crime in one of the following cases shall be punished with imprisonment from 15 years to 20 years:

a) The bribe is money, property or other material benefits worth from VND 500,000,000 to under VND 1,000,000,000;

b) Causing property damage from VND 3,000,000,000 to under VND 5,000,000,000.

4. Committing a crime in one of the following cases shall be punished by 20 years’ imprisonment, life imprisonment or death penalty:

a) The bribe is money, property or other material benefits worth VND 1,000,000,000 or more;

b) Causing property damage of VND 5,000,000,000 or more.

5. The offender shall also be prohibited from holding certain positions from 01 year to 05 years, may be fined from VND 30,000,000 to VND 100,000,000, and have part or all of his/her property confiscated.

6. Persons holding positions and powers in non-state enterprises and organizations who accept bribes shall be handled according to the provisions of this Article.”