Shall the imprisonment penalty be imposed for using a plastic gun for robbery in Vietnam? What is the maximum penalty for robbery?
Shall the imprisonment penalty be imposed for using a plastic gun for robbery in Vietnam?
Under Clause 1 Article 168 of the Criminal Code 2015 stipulating the robbery:
Robbery
1. Any person who uses violence, threat of immediate violence or commits other acts that render another person unable to resist in other to obtain his/her property shall face a penalty of 03 - 10 years' imprisonment.
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Thus, according to the aforementioned provisions, the robbery involves rendering another person unable to resist in other to obtain his/her property by using violence or threat of immediate violence. Therefore, a person using a plastic gun for robbery must bear criminal responsibility.
Shall the imprisonment penalty be imposed for using a plastic gun for robbery in Vietnam? What is the maximum penalty for robbery? (Image from the Internet)
Shall persons preparing to commit robbery in Vietnam bear criminal responsibility?
Article 14 of the Criminal Code 2015 as amended by Clause 4 Article 1 of the Law on Amendments to the Criminal Code 2017 stipulates the preparation for a crime as follows:
Preparation for crimes
1. Preparation for a crime means finding, preparing tools, equipment, or other conditions for the crime, or establishing, joining a group of criminals, except in the circumstances specified in Article 109, Point a Clause 2 Article 113, or Point a Clause 2 Article 299 hereof.
2. A person who prepares for any of the crimes specified in Articles 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 134, 168, 169, 207, 299, 300, 301, 302, 303, 324 hereof shall bear criminal responsibility.
3. A person from 14 to under 16 years of age who prepares for any of the crimes specified in Article 123 and Article 168 hereof has to bear criminal responsibility.
Thus, according to the aforementioned provisions, anyone who prepares to commit robbery, finds, prepares tools, equipment, or other conditions for the crime, or establishes, or joins a group of criminals shall still bear criminal responsibility.
What is the maximum penalty for robbery in Vietnam?
Under the provisions on the crime of robbery in Article 168 of the Criminal Code 2015 as follows:
Robbery
1. Any person who uses violence, threat of immediate violence or commits other acts that render another person unable to resist in other to obtain his/her property shall face a penalty of 03 - 10 years' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The offence causes 11% - 30% WPI for the victim;
d) The offender uses a dangerous weapon, device or other dangerous methods to commit the offence;
dd) The property taken is assessed at from VND 50,000,000 to under VND 200,000,000;
e) 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.
g) The offence has a negative impact on social safety, order and security;
h) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:
a) The property taken is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The offence causes 31% - 60% WPI for the victim;
c) The offender takes advantage of a natural disaster or epidemic to commit the offence.
4. This offence committed in any of the following circumstances carries a penalty of 18 - 20 years' imprisonment or life imprisonment:
a) The property taken is assessed at ≥ VND 500,000,000;
b) The offence results in bodily harm of 01 person who suffers from ≥ 61% WPI or bodily harm of 02 or more people, each of whom suffers from ≥ 31% WPI of 02 or more victims;
c) The offence results in the death of the victim;
d) The offender takes advantage of a war or state of emergency to commit the offence.
5. Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.
6. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000 , be put under mandatory supervision, prohibited from residence for 01 - 05 years or have all or part of his/her property confiscated.
Thus, the maximum penalty for robbery is from 18 years to 20 years' imprisonment or life imprisonment in the following cases:
- The property taken is assessed at ≥ VND 500,000,000;
- The offence results in bodily harm of 01 person who suffers from ≥ 61% WPI or bodily harm of 02 or more people, each of whom suffers from ≥ 31% WPI of 02 or more victims;
- The offence results in the death of the victim;
- The offender takes advantage of a war or state of emergency to commit the offence.
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