The Ministry of Justice estimates that 2023 will be the year the enforcement agency recovers assets in corruption and economic cases with the highest ever – over 20,000 billion VND. In particular, the offender’s initiative in overcoming the consequences also plays an important role.
Contributing to the above result is the fact that the offender cooperated, proactively and actively returned all appropriated property, remedied the consequences and compensated for all damages caused by him; Along with that is the State’s lenient policies when criminals pay money.
Why do a series of former officials who made mistakes immediately pay money to overcome the consequences? This is an issue of public concern. To see the role and benefits of overcoming consequences, PV Newspaper discussed with lawyer Truong Anh Tu (Chairman of TAT Law Firm, Hanoi Bar Association) about this issue.
* The latest figures talk about asset recovery in cases corruption case reaching over 20,000 billion VND, how do you evaluate this result?
Lawyer Truong Anh Tu: The recovery of assets exceeding VND 20,000 billion shows determination and effectiveness in the fight against corruption. However, I want to emphasize that this is just the beginning, and there are still many complex challenges ahead.
* What, according to you, contributed to this great success?
Lawyer Truong Anh Tu: This success is mainly the result of strong cooperation between the Government, the Ministry of Justice, litigation and judgment enforcement agencies and local party committees at all levels. Setting specific goals and closely monitoring progress lays the foundation for this success.
In addition, the fact that the offender acknowledges his/her mistakes, actively and proactively returns all appropriated money, overcomes the consequences, and compensates for all damages caused by him/her also plays a big role in the process. this program.
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“This is a positive movement”
* What do you think about the fact that for nearly 2 years now, the percentage of criminals who have proactively and actively returned a large part or all of the money they committed in economic, position, and corruption cases?
Lawyer Truong Anh Tu: This is a positive movement. Offenders voluntarily paying money not only protects themselves, but also makes an important contribution to the process of recovering assets and preventing the consequences of corruption.
Specifically, first, through the process of remediation, the Government has the opportunity to recover assets lost due to corrupt acts. This helps protect the rights and interests of the state, creating important financial resources to serve the community and develop the country.
Second, stop corrupt behavior: remedial action is not just a punishment, but also an opportunity to educate and stop corrupt behavior. Through this process, the convicted person can become aware of the consequences of wrongdoing and develop personal responsibility.
Third, reduce penalties and increase humanity: overcoming consequences can lead to reduced penalties and increased humanity in the criminal handling process. In particular, if the defendant proactively cooperates and resolves the consequences positively, the penalty can be considered for exemption if the conditions prescribed by the Law are met.
Fourth, create a favorable legal environment for people: Remediating consequences also creates a more favorable legal environment for suspects and defendants. This can encourage belief in fairness and justice in society.
In short, remediation not only brings immediate benefits but also contributes to the process of preventing and ending corrupt acts. This is an important part of the overall strategy to build a fair and honest society.
* If you have to look at the problem in the current complex anti-corruption situation, what challenges do you see?
Lawyer Truong Anh Tu: The biggest challenge is maintaining determination and transparency in the anti-corruption process. Facing new challenges requires flexibility and creativity in problem solving. We need to keep our determination undiminished and quickly adapt to changes in the world and society.
Is it possible to create a mentality of not committing crime?
* Besides the above positive things, there are still opinions that overcoming consequences and reducing penalties can create a mentality of regardless of crime, “sacrificing the father’s life, strengthening the child’s life”, because when If a violation is discovered, it only needs to be remedied and compensated?
Lawyer Truong Anh Tu: For a person, honor and public opinion are the heaviest sentences.
Furthermore, according to current regulations, the maximum penalty for corruption and economic crimes is life imprisonment or death penalty. There are provisions to overcome most or all consequences to enjoy the state’s leniency policy, but still follow the principle of “strictly punishing and deterring the masterminds and leaders; Humanity and accomplices have an insignificant, non-profit role.
It must be seen that although the law has provisions for a special solution, which is to waive penalties, for those who voluntarily repair all damages, and return all assets to the state, no one has yet benefited. this policy. Therefore, recent cases of voluntarily overcoming the consequences are just to be “exempted from death”.
“One day in prison, forever on bail”, so overcoming the consequences does not reduce the severity of the Law. Being lenient doesn’t mean peace for the whole village.
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