(PLO)- According to regulations, if public servants are convicted of corruption crimes, they are automatically forced to resign and stop holding their positions; but because the sentence does not prohibit practicing, he can still practice in another unit if he is accepted.
Like PLO Reportedly, on the morning of June 28, Ms. Le Thi Dung (former Director of the Center for Continuing Education and Training in Hung Nguyen District, Nghe An) was released from prison after serving the appellate judgment of the People’s Court of Nghe An province.
Regarding this incident, many readers questioned whether after serving the sentence, Ms. Dung could continue to work at Hung Nguyen District Education and Training Center or not?
|
Mrs. Le Thi Dung burst into tears when she saw her relatives and friends again. Photo: Q. SAVE |
Exchange with PLOLawyer Le Dung (Ho Chi Minh City Bar Association) said that Article 41 of the Penal Code 2015 (amended and supplemented in 2017) clearly stipulates that it is forbidden to hold certain posts, practice certain professions or do certain jobs. applied when deeming that if the convict is allowed to hold that position, practice or do that job, it may cause harm to society. The ban period is from 1 to 5 years from the date of completing the prison sentence.
However, the People’s Court of Nghe An province only sentenced defendant Le Thi Dung to 15 months in prison for abusing her position and power in the performance of her official duties. In addition, there is no ban on holding certain positions or practicing professions for a certain period of time.
In this case, according to the first-instance judgment, Ms. Dung before her arrest was a civil servant working at the Center for Education and Training in Hung Nguyen district, so she was subject to the provisions of the Law on Cadres and Civil Service and its guiding documents. onion.
Accordingly, Clause 3, Article 79 of the Law on Cadres and Civil Servants 2008 (amended and supplemented in 2019) stipulates that civil servants have been sentenced to prison by the court but are not entitled to a suspended sentence or convicted of a crime of corruption. If they are corrupt, they will automatically be forced to resign from the date the judgment or decision takes legal effect. A civil servant holding a position of leadership or management who commits a crime and is convicted by a court and the judgment or decision has taken legal effect, he or she will automatically stop holding the appointed position.
Applying the above provisions, Ms. Dung was sentenced to 15 months in prison for abusing her position and powers in the performance of her official duties as prescribed in Article 356 of the Penal Code. On the other hand, this crime falls under section 1 (crimes related to corruption) of chapter XXIII (crimes related to position) of the Penal Code. Thus, after serving the sentence, Ms. Dung was automatically forced to quit her job and stop holding the position of director of the center that had been appointed at the Center for Education and Training in Hung Nguyen district.
According to the provisions of Clause 2, Article 30 of Decree 112/2020, where a public servant is convicted by a court of corrupt behavior, within 15 working days from the date of receipt of the decision, the judgment shall be valid. According to the legal effect of the Court, the level competent to handle discipline shall issue a disciplinary decision on dismissal.
However, as analyzed above, the sentence does not force Ms. Dung to be banned from practicing, so although according to the regulations, she will be forced to quit her job and stop holding her position at the Center for Continuing Education and Training in Hung Nguyen district, but Ms. Dung can still act. vocational training at another educational institution if that unit accepts.
Things left after the appellate hearing of teacher Dung in Nghe An
(PLO)- Perhaps the time has come for the Judicial Council of the Supreme People’s Court to guide the courts to uniformly apply the law in adjudicating cases related to internal revenue and expenditure regulations.
HUU DANG
