Is the act of theft of chickens subject to imprisonment sentence in Vietnam? What are judgments on this offense?

1. Is the act of theft of chickens subject to imprisonment sentence in Vietnam?

According to Article 173 of the Ciminal Code 2015 (amended and supplemented in 2017) of Vietnam, the penalty framework for the crime of theft of property is stipulated as follows:

(1) Basic Penalty Framework

- Community sentence for up to 03 years or imprisonment from 06 months to 03 years: Whoever steals property of another person valued from 2,000,000 VND to less than 50,000,000 VND or less than 2,000,000 VND but falls into one of the following cases:

+ Has been administratively sanctioned for acts of property appropriation but continues to violate;

+ Has been convicted of this crime or one of the crimes specified in Articles 168, 169, 170, 171, 172, 174, 175, and 290 of the Ciminal Code 2015, without having their criminal records expunged, yet continues to violate;

+ Causes adverse impacts on security, order, and social safety;

+ …

(2) Aggravated Penalty Framework

- If the crime falls into one of the following cases, the offender shall be sentenced to imprisonment from 02 to 07 years:

+ Organized crime;

+ Professional crime;

+ Appropriating property valued from 50,000,000 VND to less than 200,000,000 VND;

+ Using cunning, dangerous tricks;

+ Assaulting to escape;

+ Dangerous recidivism.

…

- If the crime falls into one of the following cases, the offender shall be sentenced to imprisonment from 07 to 15 years:

+ Appropriating property valued from 200,000,000 VND to less than 500,000,000 VND;

+ Exploiting natural disasters, epidemics.

- If the crime falls into one of the following cases, the offender shall be sentenced to imprisonment from 12 to 20 years:

+ Appropriating property valued at 500,000,000 VND or more;

+ Exploiting wartime, emergency situations.

Additional penalties: The offender may also be fined from 5,000,000 VND to 50,000,000 VND.

Thus, according to Vietnam's criminal law, anyone who commits chicken theft may be fined from 2,000,000 VND to 3,000,000 VND or imprisoned from 06 months to 20 years depending on specific cases.

2. What are judgments on the theft of chickens in Vietnam?

Below are some related judgments on the acts of theft of chickens resolved by the Court in Vietnam:

Judgment on Theft of Property No. 05/2024/HS-ST

- Adjudicating agency: People's Court of Thanh Thuy District, Phu Tho Province

- Excerpt of content: From August 25, 2023, to August 27, 2023, Nguyen Quang H and Pham Ngoc Q committed three chicken thefts in Thanh Thuy District, Phu Tho Province. The total value of the stolen property is 5,190,000 VND. H and Q were arrested on September 24, 2023. Nguyen Van T purchased the stolen chickens from H and Q, knowingly aware that these were criminally obtained properties. T resold these chickens, earning an illicit gain of 1,440,000 VND. T was charged with "Consuming properties obtained through criminal acts."

The court sentenced H to 8 months in prison, Q to 7 months in prison for "Theft of Property." T was sentenced to 6 months in prison but given a suspended sentence with a probation period of 12 months.

Judgment on Theft of Property and Consuming Property Obtained Through Criminal Acts (chicken theft) No. 08/2020/HS-ST

- Adjudicating agency: People's Court of Tam Ky City, Quang Nam Province

- Excerpt of content: “In the afternoon of December 11, 2018, Nguyen Van H, Ton Quang V and Huynh Quang T, being out of money for spending, decided to steal chickens to sell for money. H drove the vehicle carrying V and T from Tam Ky City to T commune. T and V entered 05 households: Mr. Nguyen Van B's house (stole 03 chickens), Mr. Trinh Quang H's house (stole 08 chickens), Mr. Huynh Khac D's house (stole 06 chickens), Mr. Huynh Kim H's house (stole 03 chickens), and Mr. Ta Quang B's house (stole 04 chickens); a total of 24 chickens. After stealing the chickens, H transported V, T, and a sack of chickens for consumption, leaving another sack of chickens hidden in a vacant land in T commune. Around 2 AM on December 12, 2018, H called Mrs.Tran Thi Kim A to sell chickens and she agreed, weighing 16kg. She bought at 80,000 VND/kg, H gave her some money and she gave H 1,120,000 VND. After selling, H continued to Mrs. Tran Thi Kim A's house to sell 27kg of chickens; H and T gave her some money and she gave H 1,850,000 VND. After selling chickens, H shared 900,000 VND to each person, keeping the remaining money. All this money was spent by H, T, and V. The asset valuation conclusion stated: 24 chickens, total weight of 43kg valued at 4,085,000 VND."

Judgment on Theft of Property (chicken theft) No. 18/2020/HS-ST

- Adjudicating agency: People's Court of District B, Ha Giang Province

- Excerpt of content: “Around 4 PM on June 11, 2020, P drove from City H to District B carrying 03 sacks, 01 knife, 01 flashlight, with the intent to steal property. Passing through Market N area, he took a metal cage roadside and hid it in a bush, then continued to look for households raising chickens intending to steal them at night. At around 2 AM on June 12, 2020, hearing chickens crow after families in the village had gone to sleep, P went to Mr. Nong Van T's house, catching 04 chickens into the sack. Then, hearing chickens crow at Mr. Nong Van Th's house, P went over and caught 15 chickens. He intended to sell but couldn't find a buyer; at 6:30 AM the same day, when trying to sell chickens, he was caught red-handed by commune-level town Y police and Y commune police, District B. On June 15, 2020, the asset valuation council in criminal proceedings of District B concluded Dang Van P had stolen 19 chickens, weighing 32kg, valued at 3,840,000 VND. The court declared the defendant Dang Van P guilty of Theft of Property, sentencing him to 24 months imprisonment.”

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