What punishment does Tan Hoang Minh President Do Anh Dung face?
As reported, on the evening of April 5, the Investigative Police Agency of the Ministry of Public Security (C03) prosecuted the accused and detained Mr. Do Anh Dung – Chairman of Tan Hoang Minh Group and 6 other suspects. crime of “fraudulent appropriation of property”.
Chairman of Tan Hoang Minh Group – accused Do Anh Dung. Photo: Ministry of Public Security
Following up on the case, lawyer Dang Van Cuong – Head of the Chinh Phap Law Office, Hanoi Bar Association recognized this as a serious case with a large amount of illicit profits.
The lawyer said that with the appropriation of more than 10,300 billion VND, it is difficult for the defendants to avoid the highest framing situation for the crime of “fraudulent appropriation of property” under Article 174 of the Penal Code 2015.
Doctor, lawyer Dang Van Cuong
Specifically, according to the initial verification results, the investigating agency determined that the accused Do Anh Dung and his accomplices had fraudulent tricks in raising capital for real estate projects. The act was determined to be illegally raising capital in real estate projects, specifically, having issued 9 rounds of bonds contrary to the law to raise an amount of VND 10,300 billion from many investors and then use it. for the wrong purpose of the agreement.
With such information, it is possible that the investigating agency has proven a fraudulent trick in raising capital. During the investigation process, the investigating agency continued to prove the purpose of appropriating property to satisfy the criminal constitutive signs of the crime of property appropriation fraud. According to the law, the crime of fraud to appropriate property constitutes a crime only when the subject of the crime has performed deceitful tricks to appropriate an amount of 2 million VND or more. The purpose of property appropriation is that the offender does not intend to return the property to the victims.
Therefore, in this case to convict the accused, the investigating agency needs to continue to collect documents and evidences to prove that the defendants do not intend to return the illegally raised money to the defendants. victims.
Fraudulent appropriation of property is one of the crimes belonging to the group of crimes of infringing upon property rights. The characteristic element of this crime is the deceitful tricks of the offender, giving false information, using forged documents or other tricks to make the victim trust the property to the offender, after acquiring the property, the subject has no intention of returning the property, appropriating such property, infringing upon the property ownership rights of organizations or individuals.
The law doctor said that with the amount of property appropriation (by deceitful tricks) of 500,000,000 VND or more, the offender will face the highest penalty frame for this crime, which is a prison term of 12 months or more. five to 20 years or life in prison.
According to the provisions of the previous penal code (criminal code 1999), this crime has the highest penalty of death. However, since 2009, when amending the penal code, the death penalty has now been abolished for this crime, up to now the highest penalty is life imprisonment. Therefore, if there is a basis to convict Mr. Do Anh Dung and his accomplices, the accused in this case must face a penalty frame with the highest penalty of life imprisonment.
Dr. Luat said that, during the investigation of this case, the investigating agency will continue to clarify the illegal capital raised by the accused for what purpose, where these funds are, What types of assets have been converted?
For property that has or is derived from a crime, the investigative agency will seize, case evidences, documents and objects with traces of the crime, the investigating agency will also collect hold. The main type of punishment can be up to 20 years in prison or life in prison, this crime also includes fines and confiscation of property.
Therefore, during the investigation, the investigating agency will also clarify where the property appropriated by the accused from the victims is to seal, seize to ensure judgment enforcement, and return it to the victims. victim. At the same time, it is possible to distrain the assets of the accused to secure additional penalties, and even impose a penalty of confiscation of assets.
The lawyer said that this case shows the determination of our Party and State in the fight against corruption and social negativity. The case of paying a high price for a land plot in Thu Thiem and then putting down a deposit with the amount of VND 600,000,000,000,000 shows that this business has shown signs of violation in the business field, perhaps from this violation that the authorities have verified. clearly show signs of violations of this enterprise, including violations of illegal bond issuance to raise capital. This case is just the beginning of the investigation phase.
The investigating agency will continue to clarify the defendant’s behavior, in case there are grounds to show that the accused also commits other illegal acts such as money laundering, tax evasion, harboring or consuming assets. Property that has been committed by other people or acts related to the illegal use of property will continue to be handled in accordance with the law, the investigating agency can continue to prosecute for other crimes. other if the behavior satisfies the signs constituting a crime.
At the same time, it will also continue to expand the investigation to determine whether in addition to the six defendants who have been prosecuted, which of the accused’s children has a role in helping and inciting other defendants to commit crimes or not.
If in addition to the charge already prosecuted, there are other crimes or there are other people committing the same crime, the investigating agency will continue to prosecute the case, prosecute the accused to handle those who violating the law
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