In July 2022, 54-year-old Tran Van Tam became principal of Tam Giang Tay Secondary School in Tan An commune, Ca Mau province. Recognizing a shortage of teaching equipment, he convened a meeting with the school's academic council, which agreed to purchase new materials. To save money, Tam decided to build the equipment himself rather than buying pre-made items.

The prosecuting authority confirmed that Tam's initial expenditures were legitimate. However, in December 2022 and March 2023, he obtained fraudulent invoices from a business to legitimize payments. During these two instances, he misappropriated 10.7 million VND (approximately $450 USD), the difference between the actual costs and the amount paid after deducting legitimate expenses. In February, the Ngoc Hien District People's Court sentenced Tam to seven years in prison for embezzlement and barred him from holding any official position for two years after his release.

Tam appealed, arguing he did not act for personal gain but solely for the benefit of the school. In May, the Ca Mau Provincial People's Court overturned the initial verdict, citing procedural violations and unresolved issues. Tam has now been detained for almost a year.

A former judge of the Supreme People's Court's appellate court in Ho Chi Minh City acknowledges that Tam's actions suggest wrongdoing. However, to determine whether he is guilty of embezzlement or another offense requires further investigation, addressing the shortcomings identified by the provincial court. "The appellate court determined that there wasn't sufficient evidence to convict Tam, not that the prosecution was wrongful," she stated, adding that the defendant himself appealed for a reduced sentence while admitting his actions were wrong but not for personal gain.

Analyzing the verdict, the former judge explained that in December 2022, Tam approved an 11 million VND expenditure based on a business invoice, but he included a 5.5 million VND personal debt to the business for materials. Later, he repaid 1.2 million VND, blurring the lines between public and private funds. He then approved two more documents based on invoices totaling 6.9 million VND for materials to build two TV stands. However, the prosecution determined these stands were constructed from materials purchased in the previous transaction.

Tam claims he used the allegedly embezzled 10.7 million VND for school purposes, including a 3 million VND plane ticket to Hanoi for official business and wages for welders. The prosecuting authorities haven't acknowledged these expenses, arguing that the Hanoi trip occurred in November 2022, but the travel order was processed in December 2022 without school approval. Therefore, it's necessary to review whether these are legitimate expenses.

Furthermore, Tam did not disclose these expenses to the school staff until an audit revealed financial irregularities. "This is crucial in determining whether a crime was committed," the former judge stated. However, she believes a reassessment of the value of the equipment Tam built and the legitimacy of his expenses is necessary.

Lawyer Nguyen Thanh Cong from Dong Phuong Luat Law Firm emphasizes the importance of accurately calculating the misappropriated amount. In this case, the alleged sum is just over 10 million VND, a relatively small amount compared to a principal's salary of approximately 20 million VND. Tam insists the money was used for school activities, not personal gain.

Therefore, Cong suggests further investigation to determine whether there was misappropriation for personal use. He also recommends assessing the equipment's actual value, considering Tam's labor and ingenuity. Many confirm the equipment's value exceeds the declared expenses. However, the initial trial did not conduct a legal valuation. Recognizing Tam's efforts in constructing the equipment would also be a favorable consideration.

Tam Giang Tay Secondary School in Tan An commune. Photo: Minh Minh

Tam Giang Tay Secondary School in Tan An commune. Photo: Minh Minh

Lawyer Nguyen Thanh Cong argues that while using another entity's invoice to legitimize the purchase was illegal, it doesn't warrant criminal prosecution.

The former appellate judge argues that even if the investigation confirms the 10.7 million VND misappropriation, the initial seven-year sentence is overly harsh and lacks compassion. The initial verdict acknowledged Tam's good character, excellent work record, and repayment of the misappropriated funds, yet still imposed a seven-year sentence.

"This sentence is inconsistent with other embezzlement cases nationwide," she said, adding that the initial court didn't consider the circumstances leading to the violation or the possibility of a lesser sentence due to mitigating factors.

Lawyer Nguyen Huu The Trach of the Ho Chi Minh City Bar Association agrees that the criminal prosecution and sentencing of Tam are excessive, lacking a comprehensive and solid basis. The initial verdict failed to properly assess the nature and extent of the violation, disregarded mitigating circumstances, and ignored the context of the offense.

Trach cites Article 8, Clause 2 of the Penal Code, which allows for administrative penalties instead of criminal prosecution for offenses that pose no significant threat to society. He believes the law should consider the context, purpose, and motives, avoiding unnecessary criminalization.

"Detaining Tam for nearly a year when personal gain and damages are unclear is excessive, potentially harming the reputation, dignity, career, and psychological well-being of a teacher and his family," Trach argues.

Trach believes administrative penalties would be more appropriate and humane in this case.

Some of the items made by Tran Van Tam are being used at the school. Photo: Minh Minh

Some of the items made by Tran Van Tam are being used at the school. Photo: Minh Minh

Many of Tam's colleagues, while reluctant to speak extensively to VnExpress, describe him as hardworking, responsible, and dedicated to his work, family, and community. Le Xuan Hung, former head of the Ngoc Hien District Department of Education and Training, describes Tam as frank, decisive, capable, responsible, and passionate about teaching.

Ca Mau police and prosecutors haven't released the new investigation results following the appellate court's decision. Tam's wife, Le Thi Tuyet, says she has applied for his bail but has yet to receive a response.

"We hope the case will be resolved objectively and fairly. Our family has been significantly affected since my husband's detention," Tuyet said.

Hai Duyen