Acts of illegally gambling with the stakes assessed at from how much will result in imprisonment in Vietnam? How Many years of imprisonment will be imposed on the crime of Illegal gambling in Vietnam?
Acts of illegally gambling with the stakes assessed at from how much will result in imprisonment in Vietnam? How Many years of imprisonment will be imposed on the crime of Illegal gambling in Vietnam?
Pursuant to Article 321 of the Criminal Code 2015 as amended by Clause 120 Article 1 of the Law amending the Criminal Code 2017, stipulating the crime of illegally gambling:
Article 321. crime of illegally gambling
- Anyone who illegally gambles in any form with a winning or losing amount of money or items valued at between 5,000,000 VND and less than 50,000,000 VND, or under 5,000,000 VND but has been administratively sanctioned for this act or for the act stipulated in Article 322 of this Code or has been convicted for this crime or the crime stipulated in Article 322 of this Code, yet the criminal record has not been expunged and reoffends, shall be fined from 20,000,000 VND to 100,000,000 VND, subjected to re-education without detention for up to 03 years, or imprisoned for 06 months to 03 years.
- Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 07 years:
a) Of a professional nature;
b) Money or items used for gambling valued at 50,000,000 VND or more;
c) Utilizing the internet, computer networks, telecom networks, electronic means to commit the crime;
d) Dangerous recidivism.
- The offender may also be fined between 10,000,000 VND and 50,000,000 VND.
According to the above regulation, any person who engages in illegal gambling in any form with a winning or losing amount of money or items valued at 5,000,000 VND or more or under 5,000,000 VND but falls into the following cases is subject to criminal liability for the crime of illegally gambling:
- Has been administratively sanctioned for gambling or organizing gambling or gambling dens;
- Has been convicted for the crime of illegally gambling or organizing gambling or gambling dens with unexpunged criminal records and reoffends.
The offender shall be fined from 20,000,000 VND to 100,000,000 VND, subjected to re-education without detention for up to 03 years, or imprisoned from 06 months to 07 years, depending on the severity of the violation.
Additionally, the gambling offender may also be fined between 10,000,000 VND and 50,000,000 VND.
Acts of illegally gambling with the stakes assessed at from how much will result in imprisonment in Vietnam? How Many years of imprisonment will be imposed on the crime of Illegal gambling in Vietnam? (Image from the Internet)
What is the statute of limitations for prosecuting the crime of illegally gambling in Vietnam?
Pursuant to Article 27 of the Criminal Code 2015 which provides the time limit for criminal prosecution in Vietnam:
Article 27. Time limit for criminal prosecution
- The Time limit for criminal prosecution is the period prescribed by this Code, upon the expiration of which the offender shall not be prosecuted for criminal liability.
- The Time limit for criminal prosecution is prescribed as follows:
a) 05 years for less serious crimes;
b) 10 years for serious crimes;
c) 15 years for very serious crimes;
d) 20 years for particularly serious crimes.
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Based on Clause 1 Article 9 of the Criminal Code 2015 amended by Clause 2 Article 1 of the Law amending the Criminal Code 2017 which stipulates the classification of crimes:
Article 9. Classification of crimes
1. Based on the nature and degree of danger to society of the criminal act prescribed in this Code, crimes are classified into the following 04 types:
a) Less serious crimes are crimes with minor nature and degree of danger to society, the maximum penalty frame prescribed by this Code for such crimes is a fine, non-custodial reformation, or imprisonment up to 03 years;
b) Serious crimes are crimes with a substantial nature and degree of danger to society, the maximum penalty frame prescribed by this Code for such crimes is imprisonment from over 03 years to 07 years;
c) Very serious crimes are crimes of considerable nature and danger to society, the maximum penalty frame prescribed by this Code for such crimes is imprisonment from over 07 years to 15 years;
d) Particularly serious crimes are crimes of exceptional nature and danger to society, the maximum penalty frame prescribed by this Code for such crimes is imprisonment from over 15 years to 20 years, life imprisonment, or death penalty.
[...]
According to the above provisions, the crime of illegally gambling is classified as a serious crime with a statute of limitations for criminal prosecution of 10 years. The statute of limitations for criminal prosecution is calculated from the date the crime is committed.
If during the statute of limitations period, the offender commits a new crime with a maximum penalty frame of over 01 year imprisonment, the statute of limitations for the previous crime is recalculated from the date the new offense is committed.
When is a person exempt from criminal responsibility in Vietnam?
Pursuant to Clause 1 Article 29 of the Criminal Code 2015 which stipulates that a person is exempt from criminal liability in Vietnam under the following circumstances:
- During investigation, prosecution, or trial, due to changes in policy or law that render the criminal act no longer dangerous to society
- When there is an pardon decision
