16/07/2022 08:59

Differentiate between the crime of deliberately destroying property and the crime of destroying property in Vietnam

Differentiate between the crime of deliberately destroying property and the crime of destroying property in Vietnam

Deliberately destroying property and destroying property are two acts with quite similar characteristics and are generally defined in one article as the crime of destroying or deliberately damaging property in Article 178 of the Criminal Code 2015 of Vietnam as amended and supplemented in 2017. However, these are two independent acts and cause confusion while determining the crime and in the trial process with many different points of view.

To distinguish the crime of deliberately damaging property and the crime of destroying property, we can base on some of the following criteria:

Criteria

Destruction of property

Deliberate destruction of property

Concept

The act of causing damage to another person's property to the extent that it loses its value, loses its function or use value or is completely destroyed.

Acts of causing another person's property to partially lose or reduce its value or use value but to the extent that it can be restored or repaired.

Purpose

Damaged property, completely destroyed or rendered the property worthless.

Damage a part of the property or cause the property to be partially lost, reduce its use value but can be restored or repaired.

Damage to the property infringed

The offense causes the property to be totally damaged or unusable.

Acts that damage only part of the property or reduce a part of the value of the property.

Subject

Assets valued at between VND 2,000,000 and under VND 500,000,000 or assets valued at under VND 2,000,000 but fall into one of the following cases: Having been sanctioned for administrative violations but still committing violations; has been convicted of this crime, has not yet had his criminal record cleared, but still commits it; adversely affect security, social order and safety; property is the main means of livelihood of the victim and his family; property is relic, antiquities.

Legal basis

Article 178 of the Penal Code 2015, amendments and supplements 2017

Illustrated judgment

Judgment 02/2020/HS-ST dated 13/01/2020 on property destruction

Summary:

Ban Van B, because he suspected that Mr. P had removed the water pipe from B's house, had an intention to burn down Mr. P's house to take revenge. On July 13, 2019, B took a lighter and a piece of dried acacia wood to Mr. P's house to light a fire on the roof with Mr. P's palm. B stood and waited in Mr. P's yard to observe when the house burst into flames. If the fire is too big to be extinguished, B goes home. The house and all the furniture and assets of Mr. P's family were completely burned.

B was sentenced to 04 years in prison and compensated a total amount of VND 145,450,459 to Mr. P.

Judgment 43/2020/HSST dated April 9, 2020 on the crime of deliberately damaging property

Summary:

On August 21, 2019, Huynh Thanh Ph drank beer with friends, then drove a motorbike to go home. When he arrived at Quang Trung bridge, there was a car driven by Mr. Vo Minh Tr in the same direction behind Ph's car honking to ask him to pass, but Ph still let the car run in the middle of the road. After that, Ph stopped the car in the middle of the road, pulled out the iron bar on the car, and smashed it 1 from the top down, hitting the left side of the hood of Tr's car, causing the car to dent and damage the left window glass.

Ph was sentenced to 9 months in prison but given a suspended sentence. Compensation for the victim was 7,222,000 VND.

Xuan Hien
140


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