Destroying Someone Else’s Business Establishment: Is Imprisonment Possible?
Section 36, Article 1 of the 2017 Amended Criminal Code stipulates the crime of destroying or intentionally damaging property, as follows:
- Anyone who destroys or intentionally damages another person's property valued from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 but falls under one of the following cases, shall be fined from VND 10,000,000 to VND 50,000,000, subjected to non-custodial reform for up to 03 years, or imprisoned from 06 months to 03 years:
a) Has been administratively sanctioned for one of the acts specified in this Article but continues to commit the violation;
b) Has been convicted of this crime, yet the criminal record has not been expunged and continues to commit the violation;
c) Causes adverse effects on security, order, and social safety;
d) The property is the main livelihood of the victim and their family;
e) The property is a relic or antique.
- Committing the crime under one of the following circumstances shall be subject to imprisonment from 02 years to 07 years:
a) In an organized manner;
b) Causing damage to property valued from VND 50,000,000 to under VND 200,000,000;
c) The property is a national treasure;
d) Using hazardous substances that cause fire, explosion or other dangerous methods;
e) To conceal another crime;
f) Due to the public duty of the victim;
g) Dangerous recidivism.
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Therefore, in cases where damages to another person's shop result in property damage valued from VND 2,000,000 or more, criminal liability for this crime will be pursued, and the individual may be subject to imprisonment based on the extent of the property damage and specific circumstances as stipulated in this Article.
Sincerely!
