(PLO)- The Procuracy canceled the decision to prosecute the case and prosecute the accused of the investigating agency for the crime of lending heavy interest in civil transactions because it thought there was no basis.
Source of Ho Chi Minh City Law confirmed that the People’s Procuracy of Khanh Hoa province has just issued decisions to annul the decision to prosecute a criminal case and the decision to prosecute the accused (on the same day as June 6, 2022) of this province’s police investigation agency on the crime of lending money to the accused. heavy profits in civil transactions.
Behavior does not constitute a crime
The reason why the Procuracy made the above decision is that the decisions to prosecute the case and prosecute the accused by the Khanh Hoa Provincial Police Investigation Agency are groundless, illegal, and the behavior of Ms. Khanh Hoa) does not constitute a crime.
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The procuracy said that the calculation of the interest rate of 0.3%/day was calculated by Ms. T, not because Ms. P imposed the interest rate and forced Ms. T to pay. |
According to the People’s Procuracy of Khanh Hoa province, in January 2022, Ms. T (living in Van Ninh district) sent an application to the Police Department of Khanh Hoa province to denounce crimes against Ms. P about the act of lending heavy interest in civil transactions. .
On February 7, 2022, the investigating agency (CQDDT) accepted the denunciation and the next day, ordered an urgent search of Ms. P’s residence. On June 6, 2022, the CQDT issued decisions to prosecute In a criminal case, prosecute the accused against Ms. P to investigate the crime of lending heavy interest in civil transactions.
The decision to prosecute the accused stated: From March to June 2021, Ms. P lent Ms. T money at an interest rate of 108%-146%/year, 5.4-7.2 times higher than the interest rate. The highest rate prescribed by the Civil Code is 20%/year. Total illicit profits for 28 loans were more than 3.3 billion VND.
On July 5, 2022, the People’s Procuracy requested the People’s Procuracy of Khanh Hoa province to approve the decision to prosecute the accused, but the Procuracy did not approve.
Ms. P sent an application to the Civil Defense Department to complain about the decision to prosecute the accused against her, saying that this decision was groundless and unfair to her.
According to Ms. P, the loan-borrowing relationship between her and Ms. T had a dispute, which was resolved by a decision on May 27, 2022 that took effect from the People’s Court of Van Ninh district.
According to this decision, Ms. T still owes Ms. P 10.8 billion in principal. Ms. T must pay Ms. P 200 million
VND/month until the debt is exhausted. However, the CPA rejected Ms. P’s complaint.
Borrower self-calculates interest
The decision to settle the complaint of the People’s Procuracy of Khanh Hoa province quoted Ms. T’s testimony: Due to her acquaintance with Ms. P, Ms. T has borrowed money from Ms. P many times to do business. Specifically, from March to June 2021, Ms. T borrowed from Ms. P 27 times, totaling 36.8 billion VND, with an interest rate of 0.3%/day, Ms. T has paid 26 billion VND and is still in debt. 10.8 billion dong.
Borrowing, interest rate agreement is only done orally, without proof. Ms. T only relies on her bank statement to pay interest to Ms. P.
And Mrs. P said that the two women were friends who had known each other since childhood. Because she trusted Mrs. T, Mrs. P repeatedly lent Ms. T money to do business. In return, Ms. T calculates and divides the profits with Ms. P from the real estate and timber trading activities.
The loan to Ms. T is only an oral agreement, no papers, no interest. Ms. P also admitted to lent Ms. T 27 times for a total of 36.8 billion dong. Ms. T has paid 26 billion dong. Ms. P’s profit shared by Mrs. T is VND 3.3 billion.
Because Ms. T was insolvent, Ms. P filed a lawsuit to the People’s Court of Van Ninh district to settle the civil dispute over property claim.
On May 27, 2022, the People’s Court of Van Ninh district issued a decision to recognize the agreement of the involved parties. Accordingly, Ms. T must pay Ms. P 10.8 billion.
According to the Procuracy, the case file is only reflected in the testimony of Ms. T and Ms. P. Ms. T’s claim that Ms. P lent money to earn interest is only the testimony of Ms. T. The interest rate is calculated by Mrs. T. , not forced by anyone.
The procuracy said that the calculation of the interest rate of 0.3%/day was calculated by Ms. T, not because Ms. P imposed the interest rate and forced Ms. T to pay.
Meanwhile, Ms. P did not admit to lending money to Ms. T for interest, but only admitted to lending money for business investment. If there is a profit, Ms. T will calculate and divide it among Ms. P. Ms. P does not impose loan interest rates to force Ms. T to pay.
In addition, the loan dispute between the two women was resolved by the People’s Court of Van Ninh district, which issued a decision to recognize the agreement of the parties.
From the above reasons, the People’s Procuracy of Khanh Hoa province accepted Ms. P’s complaint and canceled the complaint settlement decision of the head of the provincial police investigation agency regarding Ms. P’s complaint.
TAN LOC
