Theft is the act of stealthily appropriating another person’s property, this behavior is very common in today’s society. Manifestations of property theft are very diverse, the perpetrators of theft are also of many different ages. So about the matter “What is the crime of theft in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Decree 98/2020/ND-CP
- Penal Code 2015 amended and supplemented in 2017
What is theft?
Theft is the act of stealthily appropriating property that is being managed by someone else.
The specificity of the crime of property theft is that it is done in a surreptitious manner, without stealth, it is not property theft.
Offenders always have the sense of concealing their actions when performing, trying to commit acts by making the property owner or manager unaware that they have lost their property, only after losing their property. they just found out they lost their property.
What is the crime of theft in Vietnam?
- The subject of the crime of theft
The subject of this crime is a person who is guilty of intentionally performing a stealthy act to appropriate another person’s property, has criminal capacity and is of legal age for criminal liability.
According to Article 12 of the latest Penal Code, which regulates the age of criminal responsibility, the subject of property theft is a person aged full 16 years or older.
Persons from full 14 years old to under 16 years old are only responsible for the liability specified in Clauses 3.4, Article 173 of the Penal Code 2015 as amended and supplemented in 2017 – which are items in the very serious or special penalty bracket. serious.
- The object of the crime of theft
The object of the crime of property theft is the property ownership rights of the State, agencies, organizations and individuals.
This type of crime is similar to some other crimes of appropriation (crime of fraud to appropriate property, crime of public appropriation of property) in that it does not infringe on personal relations but only on property relations. .
If, after appropriating property, the chased offender acts to fight back to escape, causing death or injuring others, he/she may be examined for penal liability for the corresponding crime (Based on Section 6, Section 6, Section 6 of this Article). I Joint Circular No. 02/2001/TTLT-TANDTCVKSNDTC-BCA-BTP).
- The objective side of theft
Behavior
Objective behavior: is the act of “appropriating” property, but the act of appropriation here is appropriation in the form of stealth, with tricks taking advantage of loopholes, losing vigilance of the property manager, or taking advantage of other objective circumstances such as jostling, jostling, in order to access property to commit acts of appropriation without the knowledge of the property manager.
Consequence
The consequence of the crime of property theft is damage to the value of illegally appropriated property. The property appropriated by the offender includes currencies, goods and papers with payment value such as checks, bonds, bonds, etc.
Pursuant to current regulations, the value of appropriated property is from 2,000,000 VND or more to constitute a crime; and if the property appropriated is under VND 2,000,000, it must be accompanied by other conditions.
Consequences of completed property appropriation for each type of property are specified as follows:
• With large, bulky assets, the offender must be able to move that property out of the storage area
• With small, easy-to-hide assets, simply take them out of their original storage location
• With property that does not have a separate place to store it, the offender must take that property out of the area (the crime scene) to complete the crime..
- The subjective side of theft
Error: Crime committed with intentional error. They are aware that theft of their own property is certain or may cause property damage to others; wish or allow such consequences to happen.
The purpose of appropriating property is a mandatory sign of constituting the crime of property theft. The purpose of the crime here is the desire to appropriate the property owned by the victim.
Thus, to be subject to the penalty of property theft, you must have all 4 elements of the above crime.
Converting from crime of theft to crime of robbery
- Constituting the crime of robbery
In principle, when a person commits an act constituting a crime prescribed by the Penal Code, it will constitute that crime.
However, the development of criminal behavior is not always consistent with the Act of Law, but in some cases the behavior takes place in many different directions. Therefore, forming regulations on crime transformation.
Accordingly, in case the offender steals property, the victim or another person regains the property, but the offender continues to use force or threatens to use force to immediately attack the victim or other person in order to appropriate property, the act of stealing the property will be transformed into the act of robbery.
Article 168. Crime of property robbery
1. Those who use force, threaten to use force immediately or commit other acts to make the attacked person fall into an irresistible state in order to appropriate property, shall be sentenced to between three years of imprisonment and a term of imprisonment of between three years and three years. 10 years.
At this time, the offender will be convicted of robbery. And the act of appropriating (unsuccessful or accomplished) before using force or threatening to use force immediately is the development of the crime.
Penalties for theft
Article 173. Crime of robbery
1. Those who steal other people’s property valued at between VND 2,000,000 and under VND 50,000,000 or under VND 2,000,000 but fall into one of the following circumstances, shall be subject to non-custodial reform for up to 03 years. years or imprisonment from 06 months to 03 years:
a) They have been administratively sanctioned for the act of appropriating property but continue to commit them;
b) Having been convicted of this crime or of one of the crimes specified in Articles 168, 169, 170, 171, 172, 174, 175 and 290 of this Code, not yet entitled to criminal record remission but continue to commit them;
c) Causing adverse effects on social security, order and safety;
d) Property is the main means of livelihood of the victim and their family;
đ) Property is a relic or antiquity.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 07 years of imprisonment:
a) Organized;
b) Being of a professional nature;
c) Appropriating property valued between VND 50,000,000 and under VND 200,000,000;
d) Using cunning and dangerous tricks;
d) Assault to escape;
e) The property is a national treasure;
g) Dangerous recidivism.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:
a) Appropriating property valued between VND 200,000,000 and under VND 500,000,000;
b) Taking advantage of natural disasters and epidemics.
4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 12 and 20 years of imprisonment:
a) Appropriating property valued at VND 500,000,000 or more;
b) Taking advantage of the situation of war or state of emergency.
5. The offenders may also be subject to a fine of between VND 5,000,000 and 50,000,000.
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Frequently asked questions
The application of a penalty frame depends on the actual behavior of the offender and the consequences caused by the crime; aggravating or mitigating circumstances of criminal liability. Under the law, people convicted of property theft can be jailed for up to 20 years.
According to Article 126 of the 2015 Penal Code, the crime of murder beyond the limit of legitimate defense is as follows:
“Article 126. Crime of murder due to exceeding the limit of legitimate defense or exceeding the necessary level when arresting offenders
Those who commit murder in cases of exceeding the limit of legitimate defense or in cases of exceeding the necessary level when arresting offenders shall be sentenced to non-custodial reform for up to 2 years or a prison term of between 3 months and 3 months. up to 2 years.
Committing the crime against 02 or more people, the offenders shall be sentenced to between 02 and 05 years of imprisonment.”
According to the regulations, with the act of beating the thief to death, the homeowner can commit murder or murder by exceeding the limit of legitimate defense or it can also be the crime of unintentionally causing death according to Article 128 of the Penal Code. 2015. In order to determine what this crime is, it is necessary to base on the results of the investigation as well as the assessment of the competent authority to determine it.
According to the provisions of Article 12, Article 173 of the Penal Code, people under 16 years of age who steal property are still criminally handled. However, persons from full 14 years old to under 16 years old only have to bear penal liability for property theft according to Clauses 3 and 4, Article 173 of the 2015 Penal Code 2015. For persons aged full 16 years or older, they must bear the responsibility. penal liability for the acts specified in Clauses 1 and 2, Article 173 of the Penal Code.
Conclusion: So the above is What is the crime of property theft in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
