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The defendant Dinh La Thang in the Phu Tho Ethanol trial – Photo: VNA
Since his arrest in July 2017, Dinh La Thang has attended court four times. After four sentences were pronounced, the defendant Thang received a total of 30 years in prison (the highest sentence for the prison term) and compensated a total of 830 billion VND.
17-3 in the morning, talk to Online youth, judge of the People’s Court of the City. Hanoi said that in case all of the defendant Dinh La Thang’s property has been distracted but he is unable to pay civil compensation, the sentencing agency will suspend the debt and still force the defendant to accept the judgment.
“If the defendant does not have the economic conditions to comply with the sentence, the execution agency of the sentence will suspend that debt and will never erase it. If the accused pays sufficient compensation, the authorities will consider in the reduction of the sentence, the early release from prison, “he said. Judge.
Lieutenant General Tran Van Do, former Vice President of the Supreme People’s Court, said vin principle, kWhen the fine is fined, the sentencing agency will rely on the circumstances and assess the offender’s property to seize and confiscate the property.
Yes If Dinh La Thang is accused of committing a crime, he should be compensated, but the compensation or not is provided by the sentencing agency.
“If the defendant is unable to pay compensation, it is difficult to consider early release from prison. In economic cases, only the investigating agency has the power to distract and block the victim’s property. As for cases with An inspection and examination process, it is easy to disperse the property, then there is no property to make up for.
Therefore, when the case shows signs of corruption, the investigating agency must be moved immediately to distract and immediately block the property.
With the property of Mr. Thang’s relatives, if it is found that said persons have indications of consuming property in the possession of other persons, they must prosecute the case to confiscate and expropriate the State funds.
A second way is to start a civil lawsuit to claim the property. At that time, the court would claim it on behalf of the product, and the heirs had to return the property after that to be entitled to the inheritance.
“If Mr. Thang does not pay all of his civil rights later, his criminal record will not be taken away and he will be the one with the criminal record for the rest of his life,” said Lt. General Do.
According to lawyer Dang Van Cuong (Hanoi Bar Association), v.Civil compensation is the responsibility of the accused according to the sentence. But the actual compensation depends on the amount of property the defendant owns.
“Mr. Thang only has 1 house, the sentencing agency will distract, seal and dispose of that house. If this house is related to the property relationship between husband and wife, the authorities can only revoke half of the value. of the house belongs to Mr. Thang.
Because the amount of money to be compensated is too high, if Mr. Thang does not do so voluntarily or is unable to pay, the defendant may ask his friends and family to contribute, rather than compensate. If Mr. Thang has no other assets to enforce his sentence, the verdict is only on paper, “said attorney Cuong.
According to lawyer Cuong, if Mr. Thang compensated all this civil money, and performed well in the renewal process, qualifying the renewal as better or higher, those are the details considered, the reduction of sentence for the accused. early.
In the case of the sale of property, the enforcement agency will determine which property Mr. Dinh La Thang has, after the auction and after the auction. Profits will be deducted from costs, the remainder will be deducted from Mr. Thang’s obligations under the judgment.
Mr. Dinh La Thang’s wrongdoing was accused when he was Minister of Transportation, formerly Chairman of the Board of Directors of the Vietnam Oil and Gas Group (PVN).
In the first case, the mistake of Mr. Dinh La Thang while he was the Chairman of the Board of Directors of Vietnam Oil and Gas Group – PVN.
According to an appeal judgment of May 14, 2018, Mr. Thang was sentenced to 13 years in prison and required to compensate 30 billion dong for “deliberately violating state regulations on economic management, leading to serious and significant consequences.”
In the second case, June 2018, the high-level People’s Court in Hanoi sentenced Mr. Dinh La Thang to 18 years in prison, forcing VND 600 billion to pay compensation. Mr. Thang’s mistake was identified in the case of PVN, losing 800 billion VND by contributing capital to Oceanbank.
In the third case, on December 22, 2020, the Ho Chi Minh City People’s Court sentenced Mr. Dinh La Thang to 10 years in prison. crime “Violation of the rules on management and use of State property causes waste losses.”
In the fourth case, which took place at the Phu Tho Ethanol Project, on March 15, the Hanoi People’s Court sentenced the defendant Dinh La Thang to 11 years in prison for “Violation of the rules on investment in construction works , with consequences. Serious results. ” . The court also charged Dinh La Thang with more than 200 billion in compensation.
According to lawyer Dang Van Cuong, according to the principles of Vietnamese criminal law, if the defendant is not sentenced to life imprisonment or the death penalty, but is only sentenced to a prison sentence, regardless of the length of the trial. Many times, when summarizing the sentence, the court still cannot decide a sentence of more than 30 years in prison.
In all the cases in which Mr. Dinh La Thang was convicted, the court only imposed a prison sentence on him. Based on the provisions of article 55 of the 2015 Penal Code, the court summarized that the penalty will not exceed 30 years in prison (no matter how many times Mr. Thang was tried, how many times he was convicted).
