What is time limit for investigation for theft of property in Vietnam? How long is time limit for criminal prosecution for theft of property in Vietnam?

What is time limit for investigation for theft of property in Vietnam?

Recently, my friend beat someone to commit a theft of property, namely the phone. Currently under investigation, may I ask what is time limit for investigation for this crime? Thank!

Reply:

Pursuant to Article 172 of the 2015 Criminal Procedure Code, the time limit for investigation is as follows:

1. The time limit for a criminal investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies. The time limit applies from the filing of charges to the end of the investigation.

2. If an investigation must be extended due to the case’s complexity, the investigation authority shall, within 10 days prior to the expiry date of the time limit, requisition the Procuracy’s extension of investigation.

An investigation is extended as follows:

a) An investigation into misdemeanors may be extended once for 02 more months;

b) An investigation into felonies may be extended twice, for 03 more months in the first time or for 02 more months in the second time;

c) An investigation into horrific felonies may be extended twice, for 04 more months each time;

d) An investigation into extremely severe felonies may be extended thrice, for 04 more months each time.

According to Clause 1, Article 168 of the 2015 Penal Code, it stipulates: Any person who uses violence, threat of immediate violence or commits other acts that render another person unable to resist in other to obtain his/her property shall face a penalty of 03 - 10 years' imprisonment.

According to Clause 2, Article 1 of the Law amending the Penal Code 2017, the classification of crimes is as follows:

a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;

b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;

c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;

d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.

Thus, because you provide unclear information, so we take the basic penalty in Clause 1 as a basis, the act of theft of property can be punished by 3 to 10 years in prison and is a serious crime. Therefore, the investigation time limit is not more than 4 months and can be extended for another 4 months for complicated cases in Vietnam.

How long is time limit for criminal prosecution for theft of property in Vietnam?

5 years ago, I participated in a robbery with a friend, until now I have no longer contact this person and have not committed other crimes. However, I just heard that he was arrested for robbery. May I ask: if it is revealed that I have participated in theft of property before, can I be liable for criminal responsibility? Hope to respond soon.

Reply:

- According to Article 168 of the 2015 Penal Code, robbery includes the following penalty frames:

+ Those who rob other people's property shall be sentenced to between 01 and 05 years of imprisonment.

+ Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 3 and 10 years of imprisonment:

+ Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:

+ Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 12 and 20 years of imprisonment or life imprisonment: ....

- According to Clause 2, Article 27 of the 2015 Penal Code, the statute of limitations for criminal prosecution is prescribed as follows:

2. Time limits for criminal prosecution:

a) 05 years for less serious crimes;

b) 10 years for serious crimes;

c) 20 years for very serious crimes;

d) 20 years for extremely serious crimes.

- According to Clause 2, Article 1 of the Law amending the Penal Code 2017, the classification of crimes is as follows:

a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;

b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;

c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;

d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.

Thus, based on the above provisions in Vietnam, the crime of robbery are all serious crimes or more, and the statute of limitations for criminal prosecution for this crime is 10 years or more. Therefore, the time you committed the act of robbery was 5 years ago, so if this person confesses, you will still be prosecuted for criminal responsibility.

When is the death penalty for theft of property in Vietnam? 

Please, for the crime of robbery, is there a death penalty? And if so, what level of robbery or nature does it apply?

Reply:

Pursuant to Article 168 of the 2015 Penal Code, the crime of property is as follows

1. Any person who uses violence, threat of immediate violence or commits other acts that render another person unable to resist in other to obtain his/her property shall face a penalty of 03 - 10 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 is committed in a professional manner;

c) The offence causes 11% - 30% WPI for the victim;

d) The offender uses a dangerous weapon, device or other dangerous methods to commit the offence;

...

4. This offence committed in any of the following circumstances carries a penalty of 18 - 20 years' imprisonment or life imprisonment:

a) The property taken is assessed at ≥ VND 500,000,000;

b) The offence results in bodily harm of 01 person who suffers from ≥ 61% WPI or bodily harm of 02 or more people, each of whom suffers from ≥ 31% WPI of 02 or more victims;

c) The offence results in the death of the victim;

d) The offender takes advantage of a war or state of emergency to commit the offence.

...

Thus, the criminal law stipulates that the death penalty does not apply to property robbery. Therefore, for this crime, the maximum penalty is life imprisonment in Vietnam.

Best regards!