Dragon Law Firm advice on the crime of property theft in accordance with VietNam Crime Law.
1. The concept of property theft crime
The typical sign of property theft is a stealthy trick of the offender, taking advantage of the victim's loophole to appropriate their property.
Property theft is one of the common crimes committed in the criminal group to ownership. In particular, offenders always consciously conceal their acts when performing, trying to perform acts in ways that the victims did not detect.
2. Regarding legal grounds
2. Regarding legal grounds
Article 173 of Criminal Code 2015 amended and supplemented 2017 as following:
Article 173. Theft of property
1. A person who steals another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The offender has incurred an administrative penalty for appropriation of property;
b) The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;
c) The offence has a negative impact on social safety, order and security;
d) The property stolen is the primary means of livelihood of the victim and the victim's family; the property taken is a souvenir, memento or religious item that has a spiritual value to the victim.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The property obtained is from VND 50,000,000 to under VND 200,000,000;
d) The offender employs a deceitful method or a dangerous method to commit the offence;
dd) The offender attacks other people to escape;
e) The property stolen is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article;
g) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article;
c) The offender takes advantage of a natural disaster or epidemic to commit the offence.
4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:
a) The property stolen is ≥ VND 500,000,000;
b) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article;
c) The offender takes advantage of a war or state of emergency to commit the offence.
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.
3. Analyze constituting crime of property theft
Firstly, Regarding the issue of property theft:
+ Anyone can be the subject of Crime of property theft in Article 173 of the Criminal Code 2015. It is a person with full capacity for criminal acts as prescribed by the Criminal Code.
+ Age of criminal responsibility full 16 years or older according to Article 12 of the Penal Code amended and supplemented in 2017. In case of full 14 years and under 16 years of age, criminal liability when committing a very serious or special crime particularly serious crime of property theft (according to Clauses 3 and 4, Article 173).
Second, about Entity Stealing Property:
+ Regarding behavior: is the act of appropriating property of other people in an unlawful manner.
A distinguishing feature that distinguishes property theft from a crime of property infringement is that the offender has committed acts of appropriating and secretly property appropriation, without giving the property manager or The property owner knows your property has been appropriated.
How is it hidden in secrets and property theft secrets? Often, people who commit property theft often take advantage of loopholes and surroundings to take advantage of opportunities to appropriate property and hide their acts. There are 3 forms of hiding stolen property as follows:
- Hide the whole of the criminal act: a person who commits a crime does not give the victim any information and actions about his crimes. Example: A breaks the door lock and sneaks into B's house at night when people are fast asleep to get B's motorbike out of the yard. The act of breaking the lock and sneaking into the house to take away a motorbike is an action no one discovers, A has intentionally done this secretly.
- Partial concealment: at this time, the offender only conceals his offenses, meaning the victim can know the offender's name, the face of the offender but never know his behavior Crime actually appears. For example: 2 young men A and B ride a motorbike to restaurant F and stop to request the restaurant's car protection guards. Taking advantage of the loophole while he pointed the way, young man C, friend of A and B, secretly led the customer SH motorbike protected by the security guard and started the engine to go in the other direction as of yourself. car. No one discovered. So Mr. Protect knows the faces and voices of A and B but does not know the behavior of these three criminals colluding to take customers' cars.
- Conceal the nature of an offense: when a person commits an offense publicly but no one knows it is an offense. For example: A faked a ticket to trick the security guard into protecting the news and A took B's electric bicycle away without protection.
Thus, due to the nature of property theft is stealthy, secretive behavior, the person performing this act always consciously conceals, carefully prepares the surrounding environment, a good opportunity to carry out. present criminal acts without being detected and fulfilling his purpose.
Thirdly, on the subjective aspect of the crime: the person who committed the offense with intentional fault.
Thus, through the analysis on readers, they also have a better understanding of the acts, properties, purposes and penalties of property theft under the provisions of the 2015 Penal Code, amended in 2017.
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