The reason why La "crazy" is still being prosecuted for abusing his position and power while performing official duties

On June 12, the Investigation Police Agency of Thai Binh Province Police (IPA) issued a decision to prosecute the case, prosecute the accused, and issue an order to temporarily detain Mr. Nguyen Son La (born in 1957, also known as La "crazy", residing in De Tham ward, Thai Binh city, Thai Binh province) for the crime of "Taking advantage of position and power while performing official duties".

Private enterprises are still prosecuted for "Abusing position and power while performing official duties"

According to the investigation agency, La “crazy” is a subject with a criminal record for property theft. Businessman La has been known to many people since entering the passenger transport business. This subject built the brand of Manh La bus company.

As a businessman, doing private business, not holding any position in any State organization or agency, Nguyen Son La was arrested and prosecuted for the crime of "Taking advantage of position and power while performing official duties".

This makes the public question what role La "crazy" played and what he did to be prosecuted for the above crime.

Explaining the issue, lawyer Dang Van Cuong, Head of Chinh Phap Law Office, Hanoi Bar Association shared:

The news that the owner of the Manh La bus company was prosecuted by the investigation agency was quite surprising. It was even more surprising when the owner of the bus company was prosecuted for the crime of “Abusing position and power while performing official duties”.

It is worth noting that this crime is one of the crimes in the group of crimes related to corruption and position, the subject is a person with position and authority.

This crime is regulated in Article 356 of the 2015 Penal Code, the lowest penalty is 1 year in prison, the highest can be up to 15 years.

The Thai Binh Provincial Police Department has prosecuted the owner of the Manh La bus company under Clause 2, Article 356 with a penalty of 5-10 years in prison. During the investigation of the case, the investigation agency may expand and clarify other details.

The competent investigating agency may also transfer the charge or add a charge or change the proposed prosecution framework.

According to lawyer Cuong, Manh La is a business operating in many fields, mainly in the field of transportation. The investigation agency showed that Nguyen Son La was prosecuted for interfering and manipulating some local officials in the issue of land management.

The crime of "Abusing position and power while performing official duties" clearly states that anyone who, for personal gain, violates official duties and causes damage to the property of the State, organizations or individuals will be prosecuted. The subject directly committing the crime is a person with a position and power and for personal gain, violates official duties and causes damage, these are signs of a crime.

However, the law stipulates that crimes can also have accomplices, according to which accomplices are two or more people who have the same will to commit a crime.

In this case, the owner of Manh La bus station may have been an accomplice to local officials in abusing their positions and powers while performing official duties.

Up to now, the investigation agency has prosecuted a number of other defendants who are people with positions of authority. These people are identified as the perpetrators in the crime, meaning they are people with positions of authority and directly commit the crime, while La "dien" is the one who helps and controls these people.

Is a dangerous accomplice in an expanding case

Previously, on June 13, the Investigation Police Agency issued a decision to prosecute and temporarily detain two commune and district-level officials in Kien Xuong district to investigate the crime of "Abusing position and power while performing official duties". The case involves businessman Nguyen Son La.

The defendants include: Tran Van Thanh (born in 1983, residing in Quang Trung residential group, Kien Xuong town, Kien Xuong district), an officer and civil servant of the Department of Natural Resources and Environment of Kien Xuong district, and Pham Thien Tu (born in 1961, residing in Phu Cap village, Nam Binh commune, Kien Xuong district), a former officer and civil servant of the land administration of Minh Quang commune, Kien Xuong district.

The leader of Thai Binh Provincial Police analyzed: La “crazy” is a complex subject, his business activities have many social factors. With the relationships he has, La manipulated and controlled a number of leaders in the government system so that they directly violated regulations on land management.

"La "diên" is an accomplice in the case of "Abusing position and power in performing official duties". The subject was arrested when the investigation agency expanded the above case. The subject is an important link in the criminal details of other accomplices. During the investigation, if the police agency collects new details, the charge against La "diên" may be changed. Or the charge may be kept the same even though the subject is not a person with a position and power in a state organization or unit", said this leader.