17/06/2022 08:26

Did the dog thief go to jail?

Did the dog thief go to jail?

In Vietnam, dog theft occurs in many localities and is a painful problem. This behavior both causes insecurity and public order and makes public opinion extremely upset. So how can dog thieves be punished and sent to jail?

As you can see, the dog is a pet but also the property of the breeder. So dog theft is one of the thefts. Therefore, if the value of stolen property is under VND 02 million, has not been administratively sanctioned for theft of property, has not been convicted of one of the crimes of appropriation of property, the dog thief shall only be subject to an administrative penalty as prescribed in Clause 1, Article 15 of Decree No. 167/2013/ND-CP, under which the fine is from VND 1 million to VND 2 million.

"‎‎Article 15. Violation of regulations on causing damage to other people's property

A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:

a) Theft of property;

b) The offender appropriates the property of another person;

c) The offence involves the use of deceit or escape to appropriate another person's property;

d) Illegal use of another person's property.”

In addition, dog thieves may be examined for criminal responsibility for property theft under Article 173 of the Criminal Code of Vietnam if they satisfy the conditions of this Law.

Article 173.  Theft of property

A person who steals another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender has incurred an administrative penalty for appropriation of property;

b) The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;

c) The offence has a negative impact on social safety, order and security;

d) The property stolen is the primary means of livelihood of the victim and the victim's family; the property taken is a souvenir, memento or religious item that has a spiritual value to the victim.

This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property obtained is from VND 50,000,000 to under VND 200,000,000;

d) The offender employs a deceitful method or a dangerous method to commit the offence;

dd) The offender attacks other people to escape;

e) The property stolen is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article;

g) Dangerous recidivism.

This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article;

c) The offender takes advantage of a natural disaster or epidemic to commit the offence.

This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The property stolen is ≥ VND 500,000,000;

b) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article;

c) The offender takes advantage of a war or state of emergency to commit the offence.

The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000."

We would like to refer to more about the fines for dog theft in some of the following typical sentences:

1. Judgment on property theft No.30/2021/HS-ST

"Around 18: 30 on March 7, 2021, L phoned T to ask “Will you go tonight?”L's idea was to call T to steal property; T agreed and said “Wait a minute.” T drives the motorcycle and carries a rucksack to pick up L; L carries an electric stimulator and a wired dog trough. Then T drove the motorcycle to carry L to the village of T, commune A, he found a furry dog "black - gray - yellow" of his family D T1, observed that there was no person T driving the motorcycle to apply the dog so that L behind the motorcycle put the noose at the top of the dog's head into the dog's neck and jerked to tighten the noose, at the same time pressing the electric trigger switch so that the dog was paralyzed; T continued to accelerate the motorcycle to drag the dog away. At the same time, T1 found out, he D and some people chased T and L; because the motorcycle was running at high speed, T could not control the steering, so T drove the motorcycle into the canal.

Asset valuation conclusion No. 04/KLĐG dated March 19, 2021 of the YK District Asset Assessment Council concluded: Dogs (hybrid dogs), female breeds, black-grey-yellow feathers, weighing 23 kg, live dogs valued at VND 2,231,000.

The court pronounced: Defendants Le Thanh T and Defendants Dinh Trong L are guilty of "Theft of property". Penalty: Le Thanh T 30 months in prison, Dinh Trong L 30 months in prison."

2. Judgment No.36/2020/HSST dated April 29, 2020 on property theft

“Due to a long-standing relationship, Bui Ngoc D fished and hooked up with Dau Van C, To Van T, Cao Van T and Nguyen Van T to steal dogs to sell to Bui Ngoc D for 50,000 VND/1 kg, then D resells for 60,000 VND/1 kg for profit. Around 18:00 pm on September 14, 2019, D and C, Th, T and Tg gathered for a drink at Nguyen Dinh T's bar, then they all went home to D to wait until the night to steal dogs. At night 14, dawn on September 15, 2019, C, Thanh, T and Tg took tools and divided into two groups to steal 04 dogs to sell to D, weighing a total weight of 62kg, but did not pay in time, they were caught red-handed.

The People's Court of Thanh Hoa province declares: Defendants Bui Ngoc D, To Van T, Cao Van T, To Van C and Nguyen Van Tg committed crimes: "Theft of property". Sanction: Bui Ngoc D 36 months in prison; To Van T 30 months in prison; Cao Van T, To Van C and Nguyen Van Tg each accused 24 months in prison."

3. Judgment on property theft No.19/2021 /HSST

"Due to the shortage of money, about 20 hours and 30 minutes on December 7, 2020, Tran Van Nh and Vo Ta A together stole 01 (One) female dog, black yellow hair, 03 years old, weight of 20 kilograms of Ms. Nguyen Thi H, worth 1,300,000 VND. Tran Van Nh currently has 01 criminal record for "Theft of property" which has not been expunged, now continues to commit crimes.

The People's Court of Cam Xuyen District, Ha Tinh Province declares: Defendant Tran Van Nh is guilty of "Theft of property". Penalty Nh 08 months of imprisonment.”

Nguyen Sang
42


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