According to Article 359 đá bóng trực tiếp thePenal Code, the crime đá bóng trực tiếp commission đá bóng trực tiếp fraud in performance đá bóng trực tiếp duties is as follows:
commission đá bóng trực tiếp fraud in performance đá bóng trực tiếp duties is the act đá bóng trực tiếp a who, for personal gain or other self-seeking purposes, abuses his/her position or power to commit falsifying a document; fabricating a document or issuing a fabricated document; forging an office holder's signature.
- Any person who, for personal gain or other self-seeking purposes, abuses his/her position or power to commit any đá bóng trực tiếp the following acts shall face a penalty đá bóng trực tiếp 01 - 05 years' imprisonment:
+ Falsifying a document;
+ Fabricating a document or issuing a fabricated document;
+ Forging an office holder's signature.
- This offence committed in any đá bóng trực tiếp the following circumstances carries a penalty đá bóng trực tiếp 03 - 10 years' imprisonment:
+ The offence is committed by an organized group;
+ The offender is the person in charge đá bóng trực tiếp making or issuing documents;
+ The offence involves 02 - 05 fabricated documents.
- This offence committed in any đá bóng trực tiếp the following circumstances carries a penalty đá bóng trực tiếp 07 - 15 years' imprisonment:
+ The offence involves 05 - 10 fabricated documents;
+ The offence is meant to serve the commission đá bóng trực tiếp a less serious crime or serious crime.
- This offence committed in any đá bóng trực tiếp the following circumstances carries a penalty đá bóng trực tiếp 12 - 20 years' imprisonment:
+ The offence involves ≥ 11 fabricated documents;
+ The offence is meant to serve the commission đá bóng trực tiếp very serious crime or extremely serious crime.
- The offender might also be liable to a fine đá bóng trực tiếp VND 10,000,000 - VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
Below are some judgments on the crime đá bóng trực tiếp commission đá bóng trực tiếp fraud in performance đá bóng trực tiếp duties in Vietnam:
- Level đá bóng trực tiếp trial:Appeal
- Judicial agency:High People's Court in Ho Chi Minh City
- Quoted content:“On November 1, 2019, the Police Investigation Agency đá bóng trực tiếp District, organization". Doan Thanh P is the officer assigned to investigate but did not transfer the file to the District X People's Procuracy for approval according to regulations. On January 31, 2020, the Police Department đá bóng trực tiếp the District. In January 2021, when there was information about Dao Anh T, Doan Thanh P forged a wanted decision so that the wanted team could arrest Dao Anh T. After arresting Dao Anh T, Doan Thanh P continued to falsify the approval decisions đá bóng trực tiếp the People's Procuracy to temporarily detain Dao Anh T without transferring the files to the People's Procuracy. Doan Thanh P also falsified decisions to extend detention and other documents related to the detention đá bóng trực tiếp Dao Anh T. Thus, Doan Thanh P has committed acts đá bóng trực tiếp falsifying procedural decisions and documents related to the investigation and handling đá bóng trực tiếp Dao Anh T.”
- Level đá bóng trực tiếp trial:Appeal
- Judicial agency:Can Tho City People's Court
- Quoted content:"From 2015-2020, defendant Phan Thi Thuy T was Vice Principal đá bóng trực tiếp Vocational College C, colluding with Nguyen Nhu V and Nguyen Dang Thto fake about 2,147 vocational pedagogical certificates at the elementary level.T received money from V and Th to forge these certificates for people who did not go to school or take the exam. The total amount T received was more than 1.7 billion VND. V and Th were the ones who directly received documents and money from individuals and centers and then transferred them to T for fake certificates. In addition, T also forged a certificate for Center M and received 44 million VND. Some other individuals involved were the ones who sent documents to V and Th to forge certificates. However, these individuals did not know that T, V, and Th had faked the certificates, so they were not prosecuted for criminal liability. T, V, and Th were prosecuted for the crime đá bóng trực tiếp "forgery đá bóng trực tiếp seals and documents đá bóng trực tiếp agencies and organizations".
- Level đá bóng trực tiếp trial:Appeal
- Judicial agency:People's Court đá bóng trực tiếp Nghe An province
- Quoted content:"Cao Van T used a fake driver's license in the name đá bóng trực tiếp Nguyen Van D to apply for a driving job. In July 2019, T caused an accident that killed someone while driving with a fake driver's license. To hide, T asked for a fake household registration book to match the fake driver's license but was not agreed. On September 4, 2019, T and his wife asked Nguyen Ba T and Nguyen N D to make a fake household registration book and they agreed. Forged a household registration book with the name Nguyen Van D at T's request and then had it notarized. T provided these fake documents to the investigation agency and was sentenced to 15 months đá bóng trực tiếp suspended imprisonment. During the execution đá bóng trực tiếp the sentence, the case was discovered and transferred to the investigation agency. The inspection results determined that the signature on the fake household registration book was Chu Thi N's."
- Level đá bóng trực tiếp trial:Appeal
- Judicial agency:People's Court đá bóng trực tiếp Kon Tum province
- Quoted content:“From 2016–2017, defendant Huynh Van C, an officer đá bóng trực tiếp the N District Land Registration Office Branch, took advantage đá bóng trực tiếp his position and authority to forge 13 Land Use Rights Certificates. C arbitrarily updated information in the Certificate drafts, forged the signature đá bóng trực tiếp the Vice Chairman đá bóng trực tiếp the District People's Committee, then stamped and delivered it to the people. These fake land certificates were in the names đá bóng trực tiếp individuals that C knew or introduced to buy land. These people did not know the Certificate was fake. C used two fake land certificates to borrow money from the bank for a total đá bóng trực tiếp 1.7 billion VND. In addition, C also received money from a number đá bóng trực tiếp people to carry out procedures for granting Land Certificates. The total amount đá bóng trực tiếp illegal profits C earned was more than 1.8 billion VND. After the incident was discovered, C corrected the consequences."
- Level đá bóng trực tiếp trial:First instance
- Judicial agency:People's Court đá bóng trực tiếp Quan Son district, Thanh Hoa province
- Quoted content:"In 2017, Tran Thi H was a collaborator đá bóng trực tiếp the labor export company L. H knew that Bui Thi H wanted to export labor but was too old. H agreed to falsify documents and passports with the name Luong Thi H but with Bui Thi H's photo. To do this, H asked Mr. Loc Huu T to falsify the household registration book and application for a CCCD in the name đá bóng trực tiếp Luong Thi H. T asked Mr. Lo Van K to falsify these documents. K followed suit because đá bóng trực tiếp his relationship with T. After that, H was able to get an ID card and a passport with the name Luong Thi H but with Bui Thi H's photo. In 2020, Bui Thi H was discovered using a fake passport to export labor."
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