Is petty theft in Vietnam administratively sanctioned? Under what circumstances will you go to jail for petty theft?
Is petty theft in Vietnam administratively sanctioned?
Petty theft is considered a stealthy act of secretly appropriating other people's property with a small value by taking advantage of the loopholes, caught off guard of the owner, property manager, or profit. using circumstances unknown to the property manager.
Petty theft in Vietnam can be considered as theft of property with a small property value, infringing on the property rights of others.
Therefore, when committing acts of stealing with small value, they will be administratively sanctioned according to Clause 1, Article 15 of Decree 144/2021/ND-CP as follows:
"1. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following acts:
a) Stealing property, entering residential areas, warehouses or other places under the management of others for the purpose of stealing or appropriating property;
b) Outright appropriation of property;
c) Using fraudulent tricks or fleeing to appropriate property or by the time returning the property by borrowing, borrowing or renting another person's property or receiving another person's property in the form of a contract, although conditional, capable but deliberately not paying;
d) Failing to return property to another person due to borrowing, borrowing or renting another person's property or receiving another person's property in the form of a contract but using such property for illegal purposes leads to no the ability to return the property;
dd) Lack of responsibility causing damage to property of the State, agencies, organizations and enterprises."
Is petty theft in Vietnam administratively sanctioned? Under what circumstances will you go to jail for petty theft? (Pictures from the internet)
Does petty theft in Vietnam go to jail?
In some special cases, if stealing in Vietnam with a value of over 2 million or falling into the cases specified in Article 173 of the Penal Code 2015 (amended by Clause 34, Article 1 of the Law amending the Penal Code), Criminals 2017), will be examined for penal liability as follows:
"1. Those who steal other people's property valued from VND 2,000,000 to 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 VND 2,000,000. 03 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 the violations;
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 it;
c) Causing adverse effects on social security, order and safety;
d) Property is the main means of livelihood of the victim and their family;
d) 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.”
Note: Regarding the age of criminal responsibility, all penalties for Theft of property can be applied to people aged 16 years or older.
Particularly for persons from full 14 years old to under 16 years old, they shall only be sentenced to imprisonment for the crime of theft of property over 200 million; take advantage of natural disasters, epidemics or take advantage of wars and emergencies to steal property.
In what cases can petty theft in Vietnam be converted into a crime of robbery?
In the spirit of Section 6, Part I, Joint Circular 02/2001/TTLT-TANDTC-VKSNDTC-BCA-BTP, although expired, it is still used to explain the act of "assault to escape" of The crime of theft is as follows:
"6.1. Committing a crime in the category of "assault to escape" is a case in which the offender has not yet appropriated property or has appropriated property, but is discovered and arrested or surrounded and arrested. acts of resisting the arrestor or the besieger, such as hitting, slashing, shooting, shoving, etc., in order to escape.
6.2. If the offender has not yet appropriated the property or has appropriated the property, but has been regained by the victim or another person, but the offender continues to use force or threatens to use force immediately to attack the victim or another person in order to appropriate property, this case is not "assault to escape" but has all the signs constituting the crime of property robbery."
Thus, there are 2 cases where the crime of property theft turns into robbery:
In case the offender has not yet appropriated the property, the offender uses force or threatens to use force immediately to attack the victim or another person to appropriate the property.
In case the offender has appropriated property, but because the property owner or another person has regained the property or is taking back the property from the offender, the offender uses force or threatens to use force to appropriate property.
In these two cases, the act of using force or threatening to use force to appropriate the offender's property has enough elements to constitute the crime of property robbery.
Therefore, the act of petty theft in Vietnam, if there are enough elements to constitute the crime of property theft, but with the above acts, it will turn into the crime of property robbery in Article 168 of the Penal Code 2015 and will be prosecuted for liability. criminal liability as follows:
"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 up to 10 years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:
a) Organized;
b) Being of a professional nature;
c) Inflicting injury or causing harm to the health of others with an injury rate of between 11% and 30%;
d) Using weapons, means or other dangerous tricks;
dd) Appropriating property valued between VND 50,000,000 and under VND 200,000,000;
e) Committing the crime against a person under 16 years old, a woman who is known to be pregnant, an elderly person or a person incapable of self-defense;
g) Causing adverse effects on social security, order and safety;
h) Dangerous recidivism.
3. 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 between VND 200,000,000 and under VND 500,000,000;
b) Inflicting injury or causing harm to the health of others with an injury rate of between 31% and 60%;
c) Taking advantage of natural disasters and epidemics.
4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 18 and 20 years of imprisonment or life imprisonment:
a) Appropriating property valued at VND 500,000,000 or more;
b) Inflicting injury or causing harm to the health of 1 person with an injury rate of 61% or higher or causing injury or causing harm to the health of 2 or more people with an injury rate of 61% or more. each person 31% or more;
c) Causing death;
d) Taking advantage of the situation of war or state of emergency.
5. Those who prepare to commit this crime shall be sentenced to between 01 and 05 years of imprisonment.
6. The offenders may also be subject to a fine of between VND 10,000,000 and 100,000,000, probation, ban from residence for 1 to 5 years, or confiscation of part or all of their property.
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