Mr. Quan was scammed by an object pretending to be a relative and lost VND 30 million. After realizing he was cheated, Mr. Quan made a denunciation but still did not know where to apply and what procedures were included? There are many matters surrounding these solutions. So about the matter “Where to file a fraud report in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Penal Code 2015 Amendments and Supplements 2017
- Criminal Procedure Code 2015
- Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC
Denunciation of fraud and appropriation of property
The Penal Code 2015 amended and supplemented in 2017 provides for the crime of slander as follows:
• Article 156. Crime of slander
1. Those who commit one of the following acts shall be subject to a fine of between VND 10,000,000 and 50,000,000, a non-custodial reform for up to two years or a prison term of between three months and one year:
a) Fabricating or spreading things that are known to be untrue in order to seriously offend the dignity and honor or cause damage to the lawful rights and interests of others;
b) Making up other people to commit crimes and denouncing them to competent authorities.
• Accordingly, if this act constitutes a slander according to the above provisions, the investigating agency will issue a decision to prosecute the case and you will not have the right to ask this agency to respond in writing but can rely on in the decision to prosecute to have grounds for his case.
• If the object you denounce has absolutely no signs of the crime of appropriating property, but the investigating agency determines that what you do is for the purpose of smearing the honor of others, fabricating that they commit a crime and then reporting it to the competent authority, you may be considered for prosecution under the above-mentioned slander.
Constituting a crime of fraud to appropriate property
• In order to identify the type of crime of fraud to appropriate property, we need to rely on the elements constituting the crime of fraud to appropriate property. To constitute the crime of fraud to appropriate property, the violation must meet the following elements: “using deceitful tricks” and “appropriating other people’s property”. More specifically, the four elements constituting the crime of fraud include: The object of the crime; The subject of the crime; The objective side of the crime; The subjective side of the crime is expressed as follows:
• Objects of crime:
+ Is an act of infringing upon the property rights of others, appropriating by deceitful tricks. The crime of fraud and appropriation of property does not infringe on the personal relationship but only on the property relationship.
• The subject of the crime:
+ Being any person aged full 16 years or older with criminal liability capacity. According to the provisions of Article 12 of the Penal Code 2015 on the age of criminal responsibility, for the crime of fraudulent appropriation of property, a person from full 14 years old to under 16 years old is not the subject of this crime.
• The objective side of the crime:
+ Is the act of one person appropriating another person’s property by deceitful tricks. Fraud is represented by specific acts intended to deceive the owner or manager of the property. The deceitful tricks of the offenders must always be present before the transfer of property between the victim and the offender is a fraudulent act of appropriation of property, if the fraudulent trick occurs after the victim If the offender receives property, it is not a fraud to appropriate property, but depending on the specific case, that fraudulent trick may be an act of concealing the crime or another criminal act such as a crime of credit abuse. property appropriation. The consequence and causal relationship of the crime of fraud to appropriate property is property damage, specifically the value of the property appropriated.
• Regarding the value of appropriated property:
+ The value of appropriated property must be from two million dong or more. If it is less than two million dong, it must fall into the case of causing serious consequences or have been administratively sanctioned for the act of appropriating or have been convicted of the crime of appropriating property which has not yet been remitted, but still commits it. the person who commits the aforesaid act shall be criminally responsible for this crime. This is the basic constitutive sign of this crime.
• The subjective side of crime:
The offender intentionally commits a crime. Offenders are well aware that the act of appropriating other people’s property by themselves is deceitful and illegal. Simultaneously foresee the consequences of such behavior that other people’s property is illegally appropriated and expect such consequences to happen. This crime cannot take place in the form of unintentional errors.
Where to file a fraud report in Vietnam?
• Pursuant to Article 144 of the Criminal Procedure Code 2015 has the following provisions:
Crime denunciation means an individual’s detection and denunciation of an act showing signs of crime to a competent authority.
+ Crime news means information about a case with criminal signs notified by agencies, organizations or individuals to competent agencies or information about crimes on the mass media.
+ Proposal to prosecute means a competent state agency’s written recommendation and enclosed with relevant evidences and documents to the competent investigating agency or procuracies to consider and handle the case. criminal signs.
+ Denunciations and reports of crimes can be verbal or in writing.
+ Those who intentionally denounce or report untruthful crimes shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability according to the provisions of law. the law.
• Pursuant to Clause 2, Article 145 of the 2015 Criminal Procedure Code, which stipulates the responsibility to receive and the competence to handle denunciations and information about crimes, and proposes prosecution as follows:
Agencies and organizations responsible for receiving denunciations and information about crimes and petitions for prosecution include:
+ Investigating agencies and procuracies receive denunciations and reports on crimes and propose to prosecute;
+ Other agencies and organizations receive denunciations and information about crimes.
• Competence to handle denunciations and reports on crimes and petitions for prosecution:
Investigating agencies shall handle denunciations and reports on crimes and propose prosecutions according to their investigating competence;
+ Agencies assigned to conduct a number of investigative activities, settle denunciations and reports on crimes according to their investigation competence;
+ The procuracies shall handle denunciations and reports on crimes, and propose prosecution in case investigation agencies or agencies assigned to conduct a number of investigation activities are found to have committed serious violations of the law. in the activities of inspecting and verifying denunciations and reports on crimes, proposing to prosecute or showing signs of omission of crimes that the Procuracy has requested in writing but has not been remedied.
• At the same time, according to Article 5 of Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC, there are regulations on responsibility for receiving, competence in handling denunciations and information about crimes as follows:
+ Agencies and organizations responsible for receiving denunciations and information about crimes:
+ Investigation agency;
+ Agencies assigned to conduct a number of investigative activities;
+ Procuracy at all levels;
+ Agencies and organizations specified at Point b, Clause 2, Article 145 of the 2015 Criminal Procedure Code include: Police of communes, wards and townships, Public Security Stations, Police stations; Courts at all levels; Press agencies and other agencies and organizations.
• Competence to handle denunciations and information about crimes:
+ Agencies specified at Points a and b, Clause 1 of this Article, except for Security Teams in police offices of districts, urban districts, towns, provincial cities and centrally run cities (hereinafter abbreviated as follows: is the District-level Police Security Team) has the authority to handle denunciations and reports on crimes according to its investigating competence.
+ The Procuracy shall handle denunciations and information on crimes in case it is detected that the investigating agency or the agency tasked with conducting a number of investigation activities commits serious violations of law in inspection activities. , verifying denunciations or information about crimes or showing signs of omission of crimes that the Procuracy has requested in writing, but after 15 days from the date on which the agency is accepting and handling denunciations or information about crimes receive written requests that are not remedied.
• Pursuant to Clause 4, Article 163 of the Criminal Procedure Code 2015 stipulates the investigative competence as follows:
Investigating agencies are competent to investigate criminal cases in which crimes occur in their respective territories. Where the crime is committed in many different places or where the crime is not identified, the investigation shall fall under the jurisdiction of the investigating agency where the crime is detected, where the accused resides or is arrested.
• Thus, when you realize that you have been scammed to appropriate your property, you can file a denunciation with the investigating agencies of your place of residence (permanent or temporary residence) at the district, town, district, town, and procuracy levels. levels; Courts or other agencies at the place where the crime was discovered, where the crime occurred, or where the offender resides.
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Frequently asked questions
Advice on handling fraud complaints?
According to Article 25 of the 2018 Law on Denunciations:
Article 25. Receipt and processing of denunciation information
When receiving denunciation information but the name and address of the denouncer is unknown, or through inspection and verification, the denouncer cannot be identified or the denouncer uses the full name of another person to If denunciation or denunciation information is reflected not in the form prescribed in Article 22 of this Law, the competent agency, organization or individual shall not handle it according to the provisions of this Law.
In case the denunciation information specified in Clause 1 of this Article contains clear information about the person committing the law violation, there are specific documents and evidences about the law violation, and there are the basis for verification and verification, the receiving agency, organization or individual shall conduct the inspection or examination according to its competence or transfer it to a competent agency, organization or individual for inspection, inspection service for management.
Thus, state agencies need to carefully consider and handle letters of unknown name and address, especially based on the content of the application and the evidence presented by the whistleblower. decide whether to conduct verification or not.
When is the crime of fraud completed?
The crime of fraudulent appropriation of property is completed when the performer has seized the property after using deceitful tricks to trick the property owner or property manager into handing over the property to the owner. the offender or did not receive the property that should have been received.
The above is the necessary information to help customers better understand the elements constituting the crime of fraud to appropriate property. If you still have doubts about the elements that constitute the crime of fraud and appropriation and want to receive advice, please contact us for quick and effective advice. , prestige, quality and most cost-effective.
Hotline 113 and Facebook page of Hanoi City Police, address: https://www.facebook.com/ConganThuDo;
Hotline for Cybersecurity and high-tech crime prevention and control: 069.219.4053;
Vietnam information security warning page: https://canhbao.ncsc.gov.vn.
For people in the city. Ho Chi Minh City: Call the hotline number 08.3864.0508
Conclusion: So the above is Where to file a fraud report in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
