“Hello Lawyer, my parents have a business. In the past, my family’s business also had many advantages. But recently, due to the influence of the Covid-19 epidemic, the family business has also been affected. The pandemic has affected the overall economic situation of the country, but it wouldn’t have mattered if my parents didn’t invite each other to see fortune-telling. The fortuneteller said our family had a drought The family business is having difficulty. To solve the situation, it is necessary to do an offering ceremony, which is estimated to cost up to 100 million VND. I am very upset about this but my parents do not listen. I want to ask a lawyer who practices divination, what is the crime?“. To answer this question, today, LSX Lawfirm will give you an article about “What is the crime of practicing divination according to Vietnamese law?”, as follows:
Legal grounds
Penal Code 2015, amendments and supplements in 2017
Consulting content
Nowadays, the practice of divination is very common. Most of the people who come to divination are business people who have difficulties in work and life. However, there are many people who have taken advantage of the gullibility of the people, performing fraudulent acts of divination to appropriate other people’s property. So what is the crime of practicing divination under Vietnamese law?
What is superstition?
Practicing superstition and superstition understand as the act of using divination, sorcery, or other forms of superstition to gain profit and consider it a profession to earn a living.
Practicing superstition prescribed in the 2015 Penal Code, amended and supplemented in 2017 as follows:
“Article 320. Crime of practicing superstition and superstition
1. Those who use divination, sorcery, or other forms of superstition and superstition have administratively sanctioned for this act; or have sentenced for this crime, have not yet had their criminal record cleared but continue to commit it. , shall subject to a fine of between VND 10,000,000 and 100,000,000, non-custodial reform for up to 3 years, or a prison term of between 6 months and 3 years.
2. Committing the crime in one of the following circumstances, the offenders shall sentence to between 3 and 10 years of imprisonment:
a) Causing death;
b) Gaining illegal profits of VND 200,000,000 or more;
c) Causing adverse effects on social security, order, and safety.
3. The offenders may also be subject to a fine of between VND 10,000,000 and 50,000,000.
What constitutes a crime?
The object of the crime
The above-mentioned acts infringe upon public order, in addition, infringe upon the lives, health, and property of others.
The objective side of the crime:
– About behavior. Have one of the following behaviors:
+ Divination is guessing things about a person’s past, present, and future, this guessing has no scientific basis.
+ Sorcery is a form of deception by going to the field (pretending to possess by gods and demons and saying bullshit things to make the victim believe).
+ Acts of using other forms of superstition or superstition. It is understood as acts such as worshiping ghosts, casting spells, calling spirits…
– Other signs.
Causing serious consequences is a basic constitutive sign of this crime. The following cases considered to cause serious consequences:
+ Causing damage to the life, health, or property of another person. If a person commits one of the above acts but does not cause serious consequences, he or she does not have to bear penal liability for this crime.
+ Causing public order and safety.
In cases where, although not causing serious consequences, they have administratively sanctioned for this act or have convicted for this crime, have not yet had their criminal record expunged but continue to commit them, they will still examine for liability. criminal liability. This is also the basic constitutive sign of this crime.
The subjective side of crime:
The offender commits this crime with willful error.
The subject of the crime:
The subject of this crime is any person with criminal capacity.
Penalties for practicing superstition?
According to Article 320 of the 2015 Penal Code, amended in 2017 as follows:
“1. Those who use divination, sorcery, or other forms of superstition and superstition have administratively sanctioned for this act or have sentenced for this crime, not yet entitled to criminal record remission; but continue to commit it, be subject to a fine of between VND 10,000,000 and 100,000,000, non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
2. Committing the crime in one of the following circumstances, the offenders shall sentence to between 3 and 10 years of imprisonment:
a) Causing death;
b) Gaining illegal profits of VND 200,000,000 or more;
c) Causing adverse effects on social security, order, and safety.
3. The offenders may also be subject to a fine of between VND 10,000,000 and 50,000,000.”
The level of punishment for this crime is divided into two frames, specifically as follows:
Frame one (clause 1)
Those who use divination, sorcery, or other forms of superstition and superstition have administratively sanctioned for this act or have sentenced for this crime, not yet entitled to criminal record remission; but continue to commit it, be subject to a fine of between VND 10,000,000 and 100,000,000, non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
Frame two (clause 2)
Committing the crime in one of the following circumstances, the offenders shall sentenced to between 3 and 10 years of imprisonment:
a) Firstly, Causing death;
b) Secondly, Gaining illegal profits of VND 200,000,000 or more;
c) Thirdly, Causing adverse effects on social security, order, and safety.
Additional Penalties (Clause 3)
In addition to applying one of the main penalties mentioned above, the offenders may also fined from VND 10,000,000 to VND 50,000,000.
How will you be punished if you take advantage of social networks to spread and trade superstitious services?
Administrative penalties:
Decree No. 38/2021/ND-CP stipulates that acts of practicing superstitions may sanctioned as follows:
“Article 14. Violations against regulations of the festival organization
4. A fine of between VND 3,000,000 and 5,000,000 shall impose for one of the following acts:
a) Firstly, Taking advantage of festival organization activities for personal gain;
b) Secondly, Participating in superstitious activities during the festival
7. A fine of between VND 15,000,000 and VND 20,000,000 shall impose for one of the following acts:
a) Organizing a festival according to regulations that must register without written approval from a competent state agency;
b) Organizing a traditional festival that is not true to its historical and cultural nature and significance;
c) Performing rituals that are violent or objectionable, contrary to the peace-loving and humanitarian tradition of the Vietnamese nation; d) Failing to suspend festival organization at the request of a competent state agency;
đ) Failing to suspend festival organization at the request of a competent state agency;
d) Organizing superstitious activities.
“Article 20. Violations against regulations on cultural heritage protection
6. A fine of between VND 30,000,000 and 40,000,000 shall impose for one of the following acts:
c) Taking advantage of the protection and promotion of cultural heritage values for self-seeking and superstitious activities.
Criminal prosecution:
If the subject commits acts of taking advantage of superstition and superstition to deceive others in order to appropriate property, he/she shall examine for penal liability under the crime of fraud and appropriation of the property specified in Article 174 of the Penal Code. the year 2015, amendments and supplements in 2017.
So If using superstition or superstition to kill or cause injury, they will examine for penal liability according to the crime of murder specified in Article 123 and the crime of intentionally causing injury or causing harm to the health of the person. other according to Article 134 of the Penal Code 2015, amended and supplemented in 2017.
– Crime of superstition under Clause 1, Article 320 of the Penal Code 2015, as amended in 2017 will result in a fine ranging from VND 10,000,000 (ten million dongs) to VND 100,000,000 (one hundred million dongs), a fine for non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
– The crime of superstition under Clause 2, Article 320 of the Penal Code 2015, as amended in 2017 will be subject to a prison term of between 3 and 10 years if the offense involves one of the following circumstances:
Causing death;
Gaining illicit profits of VND 200,000,000 or more;
Causing adverse effects on social security, order, and safety.” Persons who commit the crime of practicing superstition may also be subject to a fine ranging from VND 10,000,000 (ten million dongs) to VND 50,000,000 (fifty million dongs) depending on their behavior then.
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Related questions
Pursuant to Point b, Clause 4, Article 14 of Decree 38/2021/ND-CP, violating regulations on festival organization, there are regulations: A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for participating in superstitious activities during festivals. Thus, the act of participating in superstitious activities during the festival will be fined from 3,000,000 VND to 5,000,000 VND.
In addition to acts of divination and sorcery, any form of superstition or superstition that offenders use to earn a living is considered a practice of superstition and superstition, such as enchanting spells, worshiping for term release, worshiping exorcism. evil spirits, healing with mystical abilities with no scientific basis…
1. Those who use divination, sorcery, or other forms of superstition and superstition have been administratively sanctioned for this act or have been sentenced for this crime, have not yet had their criminal record cleared but continue to commit it. , shall be subject to a fine of between VND 10,000,000 and 100,000,000, non-custodial reform for up to 3 years, or a prison term of between 6 months and 3 years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 3 and 10 years of imprisonment:
a) Causing death;
b) Gaining illegal profits of VND 200,000,000 or more;
c) Causing adverse effects on social security, order, and safety.
3. The offenders may also be subject to a fine of between VND 10,000,000 and 50,000,000. (Article 320 Penal Code 2015
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