A district procurator in the Central Highlands province of Gia Lai sparked controversy after he received nothing more than a warning for demanding bribes from the accused in a criminal case.

According to verification by the People’s Procuracy of Gia Lai Province, Le Thi Dao, 34, was prosecuted by Dak Doa District Police last August for deliberate infliction of injury on Le Thi Anh.

While the People’s Procuracy of Dak Doa District was studying the case, Dao made many attempts to contact procurator Nguyen Thi Quynh Nhung and chief procurator Trinh Cong Thuong to ask for a lower sentence.

On December 16, 2015, Dao spoke on the phone with Thuong and mentioned that she would pay the court and the procuracy in order to receive probation instead of jail time, to which Thuong agreed, telling her to “[pay] the procuracy fifteen [million VND], same for the court."

Dao’s victim in the case, Anh, later discovered the arrangement through evidence provided by an unnamed source and filed a denunciation with higher authorities.

In February 2016, the People’s Procuracy of Gia Lai Province confirmed that Anh’s statements were founded, though it maintained that Thuong was tricked into agreeing to the bribe, accusing Dao of initiating the offer in the first place.

The conclusion of the provincial procuracy also stated that, despite Thuong telling the defendant to pay the sum, he “only discussed and bargained, without having actually received the bribe money."

In his testimony before the authorities, Thuong admitted to having agreed to the scheme while under the influence, adding that he had never meant to actually take the money.

After hearing explanations from both parties, the People’s Procuracy of Gia Lai Province issued two decisions on March 16, 2016, dictating that procurators Trinh Cong Thuong and Nguyen Thi Quynh Nhung would simply be warned for their actions.

Constituting criminal offense

According to former Chief Justice of the Criminal Court at the Supreme People’s Court of Vietnam Dinh Van Que, when a person in authority offers to do a favor for those in his charge in exchange for money, it still falls under the criminal offense of receiving bribes, including when the bribe is unsuccessful.

Despite the probability of a lower sentence, Que said, it is still a criminal charge.

Agreeing with Que, lawyer Truong Xuan Tam, vice president of the Bar Association of Ba Ria – Vung Tau Province, cited the Penal Code of Vietnam, saying that all those who abuse their positions and powers and have accepted or will accept money, property, or other material interests in any form valued at VND2 million (US$90) or more directly or through intermediaries are guilty of the criminal offense of taking bribes.

Tam added that Thuong’s bribe offer had not only been a serious violation of judicial ethics but had also constituted a serious crime, despite the money never actually having changed hands.

In response, the People’s Procuracy of Gia Lai Province said on Thursday that it has suspended Thuong from his position in order to re-evaluate the severity of his actions.

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