Currently, the situation of property infringement crimes is increasing, which seriously threatens the assets of individuals and organizations. One of them is extortion crime. This crime can be said to be diverse in form and has a relatively high level of danger, showing the offender’s sense of disregard for the law. That’s why it’s so important to research “Mandatory signs of extortion crime under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
• Penal Code 2015
What is extortion crime?
Extortion of property is a dangerous act for society, infringing upon the property rights of others. Before the Penal Code in 1985, the crime of property extortion was stipulated in the Ordinance on the punishment of crimes against socialist property and the Ordinance on the punishment of crimes against the private property of citizens in 1970. In the Penal Code 1985, there were two crimes of property extortion specified in two different chapters – the crime of extorting socialist property in the chapter Crimes of infringing on socialist property and the crime of extorting property property of citizens in the chapter Crimes against the property of citizens. These two crimes were merged into one in the 1999 Penal Code.
The offense of this crime is the act of threatening to use force or the act of mental intimidation by other tricks to appropriate property. Threatening to use force is an act of threatening to infringe upon the body, causing damage to life and health if the offender’s request for extortion is not satisfied. Threat in property extortion is the threat to use force; The threatened person still has the conditions to think and consider to decide to act. Acts of mental intimidation by other tricks are acts of threatening to do any work (other than using force) harmful to the threatened person in terms of property, honor, reputation… if the person being threatened is do not satisfy the appropriation requirements of the offender such as threatening to destroy property, threatening to denounce the threatened person’s criminal act…
Regulations on the crime of extortion under the Penal Code 2015
Crime of extortion specified in Article 170 of the Penal Code 2015 is as follows:
1. Any person who uses violence, threat of violence, or mental intimidation to obtain another person’s property shall face a penalty of 01 – 05 years’ imprisonment.
2. This offence committed in any of the following cases shall carry a penalty of 03 – 10 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The offence is committed against a person under 16, a woman whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;
d) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;
đ) The offence has a negative impact on social safety, order, and security;
e) Dangerous recidivism;
3. This offence committed in any of the following cases shall carry a penalty of 07 – 15 years’ imprisonment:
a) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The offender takes advantage of a natural disaster or epidemic to commit the offence.
4. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment:
a) The property obtained is assessed at VND 500,000,000 or over;
b) 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 10,000,000 to VND 100,000,000 or have all or part of his/her property confiscated.
Mandatory signs of extortion crime under Vietnam law
- The object of the crime
The crime of extortion infringes upon the property rights of the others. In some cases, the crime of extortion may also infringe on the right to respect and protect human life and health.
2. The objective side of the crime
The objective side of the crime of extortion is expressed through the act of threatening to use force or using other tricks to mentally intimidate others in order to extort property.
– Using force means using physical force to influence and threatening to use force is an act (words or actions) that scares the threatened person, if he doesn’t hand over the property to the offender, he/she will be punished or tortured physically.
– Other acts of mental intimidation are acts of using tricks to threaten or damage the honor, dignity, property or other legitimate interests of the owner, property manager or other people in case of failure to comply with the offender’s request.
As usual, offenders use tricks such as:
– Threatening to destroy property if the person who is responsible for the property does not deliver the property to the offender. For example: threatening to burn the house, burn the car; threatened to destroy the house, destroy the car or other propertíe…
– Threatening to report wrongdoings or private life secrets of the person who is responsible for the property that they do not want anyone to know. For example: A knows B has an affair with H, so A writes a letter asking B to give him some money, otherwise he will tell B’s wife about B’s affair.
– Pretending to be cadres, civil servants, police, customs, tax services, etc. to check, arrest and search people with property and force them to hand over money or property.
3.The subjective side of the crime
The crime of extortion is committed with a direct intentional fault, which means the offender is aware that the act of threatening to use force or threatening the spirit of others in order to extort property is dangerous to society and foresee the consequences but still want to do it.
4. The subject of the crime
The subject of the crime of extortion is an ordinary subject, aged full 16 years or elder and has criminal liability capacity.
Explain some of the aggravating circumstances of the crime of extortion:
– “Organized”: Organized crime is a form of accomplices with close collusion between people who commit crimes together.
– “Professional nature”: The application of the “professional crime” circumstance when the following conditions are fully met:
+ Intentionally committing five or more times with the same crime, regardless of whether it has been examined for penal liability or not, if the statute of limitations for criminal prosecution has not expired or has not erased criminal records;
+ Offenders all take the offenses as their livelihood and take the results of the crime as their main source of livelihood.
Dangerous recidivism: The following cases are considered dangerous recidivism:
+ Having been convicted of very serious crimes or particularly serious crimes intentionally, have not yet had their criminal records remitted, but have committed crimes of very serious crimes or particularly serious crimes committed by intentionally;
+ Having recidivism, not yet having criminal record remission, but committing the crime intentionally.
– “Taking advantage of natural disasters, epidemics”: Taking advantage of natural disasters is taking advantage of the effects of a natural disaster (storm, flood, earthquake, etc.) that can affect the environment and lead to financial losses for government, environment and people in a specified period of time in a certain area to commit an offence. Taking advantage of an epidemic is taking advantage of the occurrence of an infectious disease with the number of infected people exceeding the normal estimated number of infected people in a specified period of time in a certain area to commit a crime.
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Please see more:
- https://lsxlawfirm.com/regulations-of-vietnamese-law-on-the-crime-of-bringing-people-illegally-across-the-border/
- https://lsxlawfirm.com/regulations-of-vietnamese-law-on-the-crime-of-manipulating-the-stock-market/
- Crime of harassing other people’s family happiness according to Vietnamese law
Frequently asked questions
First of all, it is necessary to confirm that both of these crimes have a stage of preparation to commit the crime and the crime has not yet been fulfilled. However, for the crime of robbery, it is only an unsuccessful crime in case the offender has committed other acts that make the victim fall into a state of being unable to attack in order to appropriate property. As for the case of immediate use of force or threat of force, there are no cases of unfulfilled crimes, but all cases are completed crimes.
If the act of property robbery is to threaten to use force immediately, for the crime of property extortion, the offender only has the act of threatening to use force, not intending to use force if the victim does not hand over the property.
This is a difficult issue to determine, because in fact, when the victim was threatened to use force but did not hand over the property and the case was discovered, most of the offenders said that they only threatened to take away the property, then did not use force.
In cases, where even though the threatening behavior is not drastic, it also causes the victim to fall into a state of being unable to resist, leading to fear of having to hand over the property to the offender, the crime must be determined as robbery. Therefore, in order to distinguish which case is an immediate threat to use force and is only threatened without immediate threat to use force, it must be based on the space and time of the incident.
According to Pendal Code 2015:
2. This offence committed in any of the following cases shall carry a penalty of 03 – 10 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The offence is committed against a person under 16, a woman whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;
d) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;
đ) The offence has a negative impact on social safety, order, and security;
e) Dangerous recidivism;
Thus, a personhas an act of forcing another to sign a loan document for the purpose of extorting an amount of VND 150.000.00, according to that, he/she can be imprisoned from 3 years to 10 years.
According to Article 2 of Resolution 02/2018/NQ-HDTP, a person sentenced to prison may be considered for a suspended sentence when fully meeting the following conditions:
1. Being sentenced to imprisonment for not more than 03 years.
2. Have a good character.
It is considered to have a good character if, in addition to this crime, the offender always strictly abides by the policies and laws and fully fulfills the obligations of citizens in the place of residence or work.
3. There are 02 or more extenuating circumstances, including at least 01 extenuating circumstance specified in Clause 1, Article 51 of the Penal Code and no aggravating circumstances. criminal liability specified in Clause 1, Article 52 of the Penal Code.
In case there are aggravating circumstances for penal liability, the number of extenuating circumstances for penal liability must exceed the number of aggravating circumstances for penal liability by 02 or more, including at least 01 extenuating circumstance. criminal liability specified in Clause 1, Article 51 of the Penal Code.
4. Having a clear place of residence or a stable workplace for supervision and education by a competent agency or organization.
A place of obvious residence is a place of temporary or permanent residence with an address specifically determined in accordance with the Law on Residence where a person serving a suspended sentence returns to reside and live regularly after serving the suspended sentence.
A stable workplace is a place where the offender works for a term of 1 year or more under a labor contract or under a decision of a competent agency or organization.
5. Considering that there is no need to force the execution of prison sentences if the offenders are capable of self-rehabilitation and serving them suspended sentences does not pose a danger to society; not adversely affect security, social order and safety.
Compared with the penalty level for the crime of “appropriating property” above, offenders are only entitled to a suspended sentence when they are sentenced to prison according to the first penalty frame (the prison term is not more than 03 years), and at the same time satisfy the following conditions: other suspended sentences as prescribed in Article 65 of the Penal Code 2015 and detailed instructions in Resolution 02/2018/NQ-HDTP./.
Conclusion: So the above is Mandatory signs of extortion crime under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
