(PLO)- “Submitting 85 certificates of merit / certificates of merit, defendant Nguyen Duc Chung was reduced to 1 year in prison”. Many people wondered and discussed the above appellate judgment of the High People’s Court in Hanoi against the former chairman of the Hanoi People’s Committee.
“Submitting 85 certificates of merit / certificates of merit, defendant Nguyen Duc Chung was reduced to 1 year in prison”. Many people wondered and discussed the above appellate judgment of the High People’s Court in Hanoi on the afternoon of July 13, a case of violation of regulations on bidding, causing damage to the State more than 26 billion VND … related to the former chairman of the Hanoi People’s Committee. Right, how wrong?
First of all, it is necessary to tell the full life of defendant Chung’s life as a civil servant and cadre not only with certificates of merit and certificates of merit. As noted by the appellate court, defendant Chung also had medals and medals, which are the two highest forms of commendation under the Law on Emulation and Commendation. Along with that, the defendant was also awarded the title of Hero of the People’s Armed Forces, a state honorable title for individuals who have made particularly outstanding contributions to the cause of national construction and defense.
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| Former Chairman of Hanoi People’s Committee Nguyen Duc Chung at court on July 11th. Photo: NGUYEN TRANG |
The Court of Appeal also noted that defendant Chung repented when he changed from complaining to admitting wrongdoing; The defendant and his family have paid an additional 15 billion VND (plus 10 billion VND paid in the first instance stage) to overcome all consequences.
Based on the above factors, the appellate court agreed to reduce Chung’s sentence from three years to two years for abusing his position and power while on duty.
Thus, when comparing with 22 extenuating circumstances of criminal liability listed in Clause 1, Article 51 of the Penal Code 2015, it can be said that defendant Chung has two more extenuating circumstances compared to at the first instance hearing. That is “the offender sincerely declares and repents” (point s), “the offender is a person with excellent achievements in production, combat, study or work” (point v).
If the circumstances of point s easily give a general understanding, the circumstances at point v are confusing for many people because what is “having excellent achievements in production, combat, study or work”. “.
The current Law on Emulation and Commendation defines many different forms of reward and it is important to note that it is not necessary to have many outstanding achievements to be rewarded.
According to this law, medals are awarded to people with outstanding, especially outstanding achievements in one of the fields of politics, economy, society, literature, art… Medals are given to officers, non-commissioned officers, professional soldiers…; officers, non-commissioned officers, soldiers, civil servants… working in agencies and units of the People’s Public Security have time to dedicate and contribute to the cause of national construction and defense. Certificates of merit are awarded by the Prime Minister, ministries, branches, provinces and central mass organizations to people with outstanding and typical achievements, which are commented on in the emulation movement. Certificates of merit are awarded by heads of agencies and units, chairman of the board of directors, general director, chairperson of People’s Committees of districts and communes, etc. to people whose achievements are reviewed in the emulation movement.
Accordingly, only those who have medals, state honorary titles, Ho Chi Minh awards, state awards, certificates of merit, etc., are considered to have “excellent achievements in production and warfare.” fighting or working” to enjoy extenuating circumstances under point v? On the contrary, if there is only a medal or certificate of merit, that extenuating circumstance cannot be applied? If it is in production, combat, and work, what criteria should be used in learning?
Up to now, nearly five years have passed since the date of entry into force of the above Penal Code, there is still no document guiding the extenuating circumstances mentioned at point v above. In fact, this detail was previously guided in Resolution 01 dated August 4, 2000 of the Judicial Council of the Supreme People’s Court. However, this resolution has now expired because the 1999 Penal Code has expired, according to the decision announced on 8-10-2021 of the Supreme People’s Court.
It is because there is no detailed guidance that the prosecuting agencies have many different interpretations and applications on this point v.
For example, in the case of Ut “bald” (nickname of defendant Dinh Ngoc He, former army colonel, former deputy general director of Thai Son Corporation, was tried for abusing his position and power while taking advantage of his position and power while he was in charge of the police. performing official duties and using fake documents of agencies and organizations in 2018), the first-instance military court did not accept that defendant Ut “bare” had medals, medals and certificates of merit from the Ministry of Transport. there are extenuating circumstances. Reason given: These forms of reward are considered for giving during the time the accused used fake documents.
At the appellate trial, although the representative of the Procuracy proposed to recognize it as a mitigating circumstance because no competent authority had yet canceled such rewards, the Central Military Court still disagreed and upheld the first instance sentence.
Going back to the case of defendant Chung, when the defendant has two more extenuating circumstances (along with the remedial action of all consequences), including satisfying the high level of the provisions of point v in terms of being awarded state medals and honorary titles, the appellate court’s decision to reduce the sentence can be seen as appropriate.
However, concerns surrounding this case and other cases related to the episode “have excellent achievements in production, combat, study or work” urgently need to be resolved in writing as soon as possible. specific instructions for law enforcement agencies to uniformly enforce, avoid arbitrary, unconvincing.
THU TAM MY