“No forbidden zones, no exceptions” in anti-corruption

On April 11, after more than a month of trial of the case of Truong My Lan and accomplices that occurred at Van Thinh Phat Group and Saigon Commercial Joint Stock Bank (SCB) against defendant Truong My Lan and 85 other defendants, the Trial Panel of the People's Court of Ho Chi Minh City issued the first instance verdict.

This is a "major" economic case brought to trial and also a "key" corruption case with many defendants convicted of crimes related to corruption such as embezzlement of property, bribery, abuse of position and power while performing official duties, lack of responsibility causing serious consequences...

The verdict leaves much to ponder, but it can be said that this is a clear and vivid expression of the idea of "turning political determination into practical action, saying goes with doing"; of "closely combining prevention, detection, and handling"; of "promoting the detection and handling of corruption and negativity" in the anti-corruption and anti-negativity work of our Party and State. In particular, the sentences imposed on the defendants in this first instance verdict are clear evidence of the strict implementation of the Party's guiding ideology and viewpoint on anti-corruption work: "There are no forbidden zones, no exceptions, regardless of who the person is, without pressure from any organization or individual".

First of all, it is the strict handling of high-ranking State officials. They must receive severe punishments for “the acts of people with positions and powers who have taken advantage of their positions and powers for personal gain” - acts of corruption (Law on Anti-Corruption 2018).

General Secretary Nguyen Phu Trong once emphasized that the strict handling of many officials, including high-ranking officials who have committed violations, is something no one wants, even very painful and heartbreaking, but for the common cause, for the strict discipline of the Party, the rule of law of the State, the purity, strength and prestige of the Party, the State and the will of the people, we must do it and resolutely do it. Disciplining a few people to save thousands of people and will continue to do it more resolutely and strongly in the coming time in the spirit of Uncle Ho's teaching: "Cutting off a few worm-infested branches to save the whole tree".

This case has applied very severe penalties to violations related to corruption crimes of many officials, and they are officials holding important positions. That is, defendant Do Thi Nhan (former Director of the Department of Inspection and Banking Supervision II, Banking Inspection and Supervision Agency, State Bank, Head of the Inspection Delegation) was sentenced to life imprisonment for the crime of "Receiving bribes"; defendant Nguyen Van Hung (former Deputy Chief Inspector in charge of the Banking Inspection and Supervision Agency, State Bank) was sentenced to 11 years in prison for the crime of "Abusing position and power while performing official duties"...

The idea of “no forbidden areas, no exceptions” is also reflected in not only handling corruption in the state sector by people with positions and powers in state agencies, organizations and units, but also handling corruption in the non-state sector by people with positions and powers in enterprises and non-state organizations. Specifically, in this case, defendant Truong My Lan was sentenced to death for “embezzlement of property”; 20 years in prison for “bribery” and 20 years in prison for “violating regulations on lending in the activities of credit institutions”, the total sentence is death.

It can be seen that since the Penal Code 2015 (amended and supplemented in 2017) came into effect, this is the first time the court has applied the death penalty to the crime of "Embezzlement of property" even against non-state subjects committed by people with positions and powers in enterprises and organizations in the non-state sector. This special nature once again demonstrates the anti-corruption ideology associated with strict handling of corrupt acts "without forbidden areas, without exceptions, regardless of who the person is", whether they are high-ranking officials of the State or people outside the state sector.

Dr. DUONG HONG THI PHI PHI - Deputy Head of Department in charge of Department of State History & Law, Ho Chi Minh City University of Law

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