What are the penalties imposed on restaurant staffs for forcing customers to strip naked to compel payment in Vietnam?

Hello, Lawnet would like to respond as follows:

1. Restaurant staffs forcing customers to strip naked to compel payment in Vietnam

On the morning of April 17, Mr. D went alone to Restaurant N to drink beer. Upon arriving at the restaurant, Mr. D was advised by the staff on a beer and karaoke package priced at 40 USD/hour. When Mr. D went to the restroom, he found many empty beer cans. Suspecting that the group of staff were opening beers to charge the customer, Mr. D invited the staff out, leaving only one person behind.

When Mr. D asked to pay the bill to leave, the staff presented a bill with a total amount of over 10,000,000 VND, including many service fees, value-added tax, food, and beverages that he did not use and did not request. Finding the amount different from the 40 USD/hour package initially advised, Mr. D refused to pay and requested to involve the police for clarification. In response to Mr. D's attitude, the group of restaurant staff verbally assaulted and demanded he pay before being allowed to leave. The restaurant suggested reducing the total to 9,500,000 VND, but Mr. D still did not agree, leading the staff to drag him inside the restaurant, lock the door, draw the curtains, and physically assault him. Furthermore, the staff restrained and stripped Mr. D to video-record him and continued to hit him. Still refusing to pay, Mr. D was then pushed out of the restaurant naked. When he pleaded, the staff let him back inside the restaurant, forcibly took his wallet, swiped his credit card to pay the 9,500,000 VND. After coercing him to sign the bill, he got his clothes back and left.

2. What are the penalties imposed on restaurant staffs for forcing customers to strip naked to compel payment in Vietnam?

Under the criminal offense of extortion, a key factor involves threats of violence or other means to intimidate a person to seize their property. To be spcific:

- Threatening with violence entails attitudes, behaviors, gestures, or words that make the threatened individual fear and believe that the perpetrator will use violence if the property is not surrendered.

- Using other means involves threats to commit one or several acts that could cause harm to property, honor, or reputation if demands for appropriation are not met.

In this case, the restaurant staff dragged Mr. D inside, locked the door, drew the curtains, physically assaulted him, restrained him, stripped him, and recorded a video to tarnish his honor, coercing him to pay 9,500,000 VND. These actions constitute the crime of extortion.

The penalty for extortion according to Article 170 of the Criminal Code 2015 is as follows:

- Imprisonment for 01 to 05 years: Any person who threatens to use violence or uses other means to intimidate another person to appropriate property.

- Imprisonment for 03 to 10 years for offenses in one of the following cases:

+ Organized crime;

+ Professional nature;

+ Committing crimes against persons under 16 years of age, women known to be pregnant, elderly, or those unable to defend themselves;

+ Appropriating property valued at 50,000,000 VND to under 200,000,000 VND;

+ Having adverse effects on security, order, and social safety;

+ Dangerous recidivism.

- Imprisonment for 07 to 15 years for offenses in one of the following cases:

+ Appropriating property valued at 200,000,000 VND to under 500,000,000 VND;

+ Exploiting natural disasters, epidemics.

- Imprisonment for 12 to 20 years for offenses in one of the following cases:

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

+ Exploiting wartime, emergency conditions.

Additionally, the offender may be fined from 10,000,000 VND to 100,000,000 VND or have part or all of their property confiscated.

Thus, with the act of extortion involving assault and forcibly taking the card for payment, the group of restaurant staff could face imprisonment from 01 to 05 years. If the crime was organized, the punishment ranges from 03 to 10 years.

In addition to extortion, the group of restaurant staff also exhibits signs of the crime of humiliating others. According to Article 155 of the Criminal Code 2015, humiliating others is shown through actions severely insulting another’s dignity or honor. These actions may be verbal or physical acts intended to degrade, insult another’s esteem or honor, such as:

- Verbal manifestation: abusive, vulgar, obscene language...

- Physical manifestation: stripping the victim, spitting on the face, throwing excrement, shrimp paste, rotten eggs at others, etc.

The group of restaurant staff exhibits all signs of the crime of humiliating others per Article 155 of the Criminal Code 2015. For this crime, they may face the following penalties:

- Warning, fining from 10,000,000 VND to 30,000,000 VND, or community sentence up to 03 years for anyone severely insulting another’s dignity or honor.

- Imprisonment from 03 months to 02 years for offenses in one of the following cases:

+ Committing the crime twice or more;

+ Against two or more people;

+ Taking advantage of position or authority;

+ Against someone performing official duties;

+ Against a person responsible for educating, nurturing, caring for, or treating the offender;

+ Using a computer network or telecommunications network, electronic means to commit the crime;

+ Causing mental disorder and behavior change in the victim with a body injury rate of 31% to 60%.

- Imprisonment from 02 to 05 years for offenses in one of the following cases:

+ Causing mental disorder and behavior change in the victim with a body injury rate of 61% or more;

+ Causing the victim to commit suicide.

Additionally, the offender may be banned from holding certain positions, practicing certain professions, or doing certain jobs for 01 to 05 years.

Best regards!

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