What are penalties for the crime of property robbery in Vietnam? What are judgments on this case?

Dear Ms., Lawnet would like to respond as follows:

1. What are penalties for the crime of property robbery according to the Criminal Code in Vietnam?

Robbery can be considered the act of using force, immediately threatening to use force, or other actions that make the victim unable to resist in order to seize property.

Article 168 of the 2015 Criminal Code revised and supplemented in 2017 stipulates the penalties for robbery as follows:

*Basic Penalty Framework

- Imprisonment from 03 years to 10 years: Anyone who uses force, immediately threatens to use force, or takes other actions that make the victim unable to resist in order to seize property.

*Aggravated Penalty Framework

- Imprisonment from 07 years to 15 years: Committing the crime in one of the following circumstances:

+ With organization;

+ Of a professional nature;

+ Causing injury or harm to the health of others where the physical or mental injury rate is from 11% to 30%;

+ Using weapons, tools, or other dangerous methods;

+ Seizing property worth from 50,000,000 VND to less than 200,000,000 VND;

+ Committing a crime against persons under 16 years of age, pregnant women known by the perpetrator, elderly, or defenseless persons;

+ Causing adverse effects on national security, social order, and safety;

+ Dangerous recidivism.

- Imprisonment from 12 years to 20 years: Committing the crime in one of the following circumstances:

+ Seizing property worth from 200,000,000 VND to less than 500,000,000 VND;

+ Causing injury or harm to the health of others where the physical or mental injury rate is from 31% to 60%;

+ Taking advantage of natural disasters and epidemics.

- Imprisonment from 18 years to 20 years or life imprisonment: Committing the crime in one of the following circumstances:

+ Seizing property worth 500,000,000 VND or more;

+ Causing injury or harm to the health of one person where the injury rate is 61% or higher, or causing injury or harm to the health of two or more people where the injury rate for each person is 31% or higher;

+ Causing death;

+ Taking advantage of war circumstances, emergency conditions.

- Additionally, those preparing to commit the crime of robbery can also face imprisonment from 01 year to 05 years.

*Supplementary Penalties: The offender may also be fined from 10,000,000 VND to 100,000,000 VND, subject to probation, residence prohibition from 01 year to 05 years, or confiscation of part or all of their property.

Thus, determining the penalties will depend on the nature, extent, and consequences of the act of robbery. The penalties according to Vietnamese criminal law for robbery ranges from a basic imprisonment term of 3-10 years to the highest level of life imprisonment or the death penalty.

Besides imprisonment, offenders may also face fines, residence prohibition, or property confiscation.

2. What are judgments related to the crime of robbery in vietnam?

Judgment for the crime of robbery No. 36/2022/HSST

- Trial level: First instance.

- Adjudicating agency: People's Court of Hoc Mon District, Ho Chi Minh City.

- Content excerpt: Defendant Mai X, due to lack of money for spending, broke into Mrs. Ngo M's house to steal property. Upon being discovered, X sprayed pepper spray on Mrs. M’s face and stole 2 mobile phones.

The total value of the stolen property is 2,900,000 VND. Mrs. Ngo M, the victim, did not request compensation.

- Trial outcome: Sentencing Mai X to 08 (eight) years of imprisonment for the crime of "Robbery."

Judgment for the crime of robbery No. 216/2021/HSST

- Trial level: First instance.

- Adjudicating agency: People's Court of Gia Lam District, Hanoi City.

- Content excerpt: On March 22, 2018, Mr. H was assaulted by defendant L2 with a metal tube, and by defendant L with hands and feet, who forced him to write a bill of sale for a Piaggio LX motorcycle valued at 26 million VND, an iPhone 6 Plus worth 5 million VND, and a gold ring worth 3.3 million VND.

Defendant K assisted L2 by taking the bill of sale, and pawning the phone to get money for L2.

The total value of the seized property is 34.3 million VND.

- Trial outcome: Sentencing Do Thanh L to 08 years and 06 months of imprisonment for the crime of "Robbery."

Judgment for the crime of robbery No. 14/2021/HSST

- Trial level: First instance.

- Adjudicating agency: People's Court of Chu Prong District, Gia Lai Province.

- Content excerpt: On June 22, 2020, defendants Ro Mah T, Siu L, and Ro Mah S together committed robbery against Mr. Do Vu Ch, seizing 08 chickens and 03 sets of clothes valued at 1,235,000 VND.

The case against defendant Siu L was dismissed due to death.

- Trial outcome: Sentencing Ro Mah T to 05 years and 06 months of imprisonment, and Ro Mah S to 04 years of imprisonment for the crime of "Robbery."

Judgment No. 65/2017/HSST dated December 20, 2017, for robbery

- Trial level: First instance.

- Adjudicating agency: People's Court of Yen My District, Hung Yen Province.

- Content excerpt: On July 30, 2017, at a boarding house in Giai Pham Commune, Yen My District, Hung Yen Province, defendant D believed that Ms. Nguyen Thi N left without informing D, so D took an electrical rice cooker cord lying on the floor, doubled it up, and whipped Ms. Nguyen Thi N with his right hand. D demanded that Ms. Nguyen Thi N give money, threatening not to let her leave and forcing her to write a debt acknowledgment for 30 million VND.

- Trial outcome: Sentencing Nguyen Van D (aka H) to 3 years and 03 months of imprisonment for the crime of "Robbery."

Judgment for the crime of robbery No. 52/2021/HSST

- Trial level: First instance.

- Adjudicating agency: People's Court of Tan Yen District, Bac Giang Province.

- Content excerpt: On March 06, 2021, defendant Tang Van C went to Ms. Nguyen Thi Thu H's house, stabbed her multiple times with a knife, causing 17% injury, and stole an Oppo mobile phone worth 2,800,000 VND and 500,000 VND in cash from Ms. H.

The total value of the property stolen by Tang Van C from Ms. H is 3,310,000 VND.

- Trial outcome: Sentencing Nguyen Van D (aka H) to 3 years and 03 months of imprisonment for the crime of "Robbery."

Sincerely!

Please Login to be able to download