Question: During the recent donation drive to support people affected by the storm and flood, I saw many people altering their bank statements. Will they be punished?
HOANG GIANG(Hai Duong City)
Reply:
The act of altering statements and posting them on social networks can be based on Clause 1, Article 101 of Decree 15/2020/ND-CP on the act of "Providing, sharing fake information, false information, distorting, slandering, insulting the reputation of agencies, organizations, honor and dignity of individuals" and can be fined from 10 to 20 million VND for violating organizations; violating individuals will be fined half of the organization, that is, from 5 to 10 million VND. This is the penalty applied to cases of posting false information but not causing serious consequences. In the case of falsifying charity transfer statements but not causing major damage, this act can be subject to administrative sanctions.
The act of falsifying statements and calling for charity but not transferring the correct amount of money committed can be severely punished under Article 175 of the 2015 Penal Code. This stipulates the crime of abuse of trust to appropriate property, including the act of borrowing, lending or renting property and then using fraudulent means to appropriate that property. In the context of charity, this can include failing to fulfill a commitment to donate or appropriating donated money through fraudulent means such as falsifying evidence of money transfer.
A person who commits the crime of abuse of trust to appropriate property may be sentenced to up to 12 years in prison. In addition to the prison sentence, the offender may be fined from 10 to 100 million VND, banned from holding a position or practicing a profession for 1 to 5 years, or have part or all of his/her property confiscated.