07/10/2022 09:00

How will the consumption of stolen property be handled in Vietnam?

How will the consumption of stolen property be handled in Vietnam?

In today's society, most people are dominated by money. For the money, they can defy right and wrong even knowing that the behavior is against the law. And the purchase, sale and consumption of property committed by other people is no exception. So, how will the act of consuming property due to theft be handled?

Specifically, in Judgment 111/2017/HSPT dated July 13, 2017 on the crime of consuming property committed by others, which was appellate trial by the People's Court of Thanh Hoa province:

" Around 8 p.m on September 23, 2016, Le Tu Q and Le Huu C went to the cultural house of village 2, commune M, climbed the wall to get 02 box speakers, 01 amplifier, 01 digital head, 01 disc reader, 01 wired microphone, 02 decorative lights, 02 electric coils. Q gave C 500,000 VND and the property took Q to use. C took the money and took away the yellow coil. Trieu Son district police discovered and seized the above assets. The council valued the stolen property at 5,580,000 VND. Le Tu Q was prosecuted for H was released on bail and continued to steal many cases ... ".

According to the provisions of Article 250 of the Criminal Code 1999 (now Article 323 of the Criminal Code 2015 of Vietnam)

Article 250. Illegal transport of narcotic substances

1. Any person who transports narcotic substances for purposes other than manufacturing, trading or possessing narcotic substances in any of the following circumstances shall face a penalty of 02 - 07 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 has been committed more than once;

c) The offence involves the abuse of the offender's position or power;

d) The offence is committed in the name of an agency or organization;

dd) The offence involves employment of a person under 16 for commission of the offence;

e) Narcotic substances are transported across the border;

g) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin or coca glue;

h) The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine or MDMA;

i) The offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves;

k) The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits;

l) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits;

m) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;

n) The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;

o) The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point g through n of this Clause.

p) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment:

a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin or coca glue;

b) The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine, amphetamine or MDMA;

c) The offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves;

d) The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits;

dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits;

e) The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;

g) The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;

h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.

4. This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment, life imprisonment or death:

a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin or coca glue;

b) The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine or MDMA;

c) The offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves;

d) The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;

dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;

e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;

g) The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;

h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.

5. The offender might also be liable to a fine of from VND 5,000,000 to VND 500,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

In this case, Vu Trong B is the person who has sold the property to the thieves twice, and Ha Quang H is the person who has bought the property of the thieves twice. Although the defendants did not promise H to know the amount of property due to crime, H because he was greedy to buy or benefit from it, he actively consumed the property of the thieves.

With the above behavior, Vu Trong B and Ha Quang H were tried by the first-instance court for the crime of "Consuming property acquired by other people's crimes" according to Clause 1, Article 250, Article 250 of the 1999 Criminal Code (Clause 1, Article 323 of Criminal Code 2015) is grounded. The defendants also admitted to the same crime as the trial court, only asking for a suspended sentence.

Under the guidance of Articles 1, 2 and 4 of Joint Circular 09/2011/TTLT-BCA-BQP-BTP-NHNNVN-VKSNDTC-TANDTC dated 30/11/2011 guiding the application of the provisions of the Criminal Code on The crime of harboring or consuming property acquired by another person who commits a crime and the crime of money laundering is:

“1. Property acquired by another person committing a crime” is property obtained by the offender directly from the commission of a criminal act (for example, property appropriated, embezzled, received a bribe, etc.) or obtained by the offender from the purchase, sale or exchange of property directly from their commission of the offence (for example, a motorbike obtained from using embezzled money to buy)".

2. "Knowing that the property is acquired by another person who commits a crime" means that there are grounds to prove that the property is obtained directly from the person committing the crime or obtained from the sale or exchange of property obtained directly from the person committing the offence”.

The property obtained by crime here is any object of material value (including valuable papers) used to meet human needs, regardless of property or how much worth. Small, large, very large property values ​​... are circumstances to apply different penalty frames to offenders.

Recognizing signs of the crime of "Consuming property acquired by other people who commit a crime" can be identified through acts such as buying for consumption, trading, reselling or brokerage, introducing others to buy, transfer that property to another person at the request of the offender transferring the property to another person. 

In conclusion, when buying and selling property, you should carefully study the specific origin of that property. Do not deliberately buy illegal properties for the sake of cheapness and then end up in prison.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Thanh Ngan
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