A reader in Loc Ha town (Loc Ha district) asked: Recently, Ha Tinh police have prosecuted a suspect for the crime of “Abuse of power while performing official duties”. So, how will those who commit the crime of abuse of power while performing official duties be handled?
On June 12, 2023, the Investigation Police Agency of Ha Tinh Police issued decisions to prosecute and temporarily detain Phan Dinh Cuong (born in 1965 - in Khanh Yen residential group, Loc Ha town) for the crime of "Abuse of power while performing official duties".
Reply:
What is abuse of power in the performance of official duties?
Abuse of power while performing official duties is considered an act that endangers society and infringes upon the normal operations of agencies and organizations. The crime of abuse of power while performing official duties is one of the crimes related to positions stipulated in the Penal Code.
Abuse of power while performing official duties is the act of a person holding a position or authority, for his own benefit or other personal motives, exceeding his authority to act against his official duties, causing damage to the interests of society, the state and other legitimate interests of citizens.
In which, public servants include cadres, civil servants, public employees, officers, non-commissioned officers, and soldiers of the people's armed forces assigned by competent agencies, organizations or individuals to perform tasks and exercise powers according to regulations.
How is the crime of "Abuse of power while performing official duties" punished?
According to Article 357 of the Penal Code, the crime of "Abuse of power while performing official duties" is currently regulated to include 4 main penalty frames. Specifically:
- Imprisonment from 1 to 7 years for crimes causing property damage from 10 to under 100 million VND or causing other damage to the interests of the State, the rights and legitimate interests of organizations and individuals.
- Imprisonment from 5 to 10 years if the crime falls into one of the following cases:
+ Organized;
+ Committing the crime 2 times or more;
+ Causing property damage from 100 to under 500 million VND.
- Imprisonment from 10 to 15 years if the crime causes property damage from 500 million to under 1.5 billion VND.
- Imprisonment from 15 to 20 years if the crime causes property damage from 1.5 billion VND or more.
In addition, the offender may also be subject to additional penalties such as being banned from holding certain positions for 1-5 years and may be fined from 10-100 million VND.
Attorney Nguyen Dinh Hong
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