How many years in prison shall a person who robs and assaults a victim to escape in Vietnam be sentenced to?

How many years in prison shall a person who robs and assaults a victim to escape in Vietnam be sentenced to? How long does it take to erase the criminal record for the crime of robbery in Vietnam?

Hello Lawnet. My husband was robbed of his iPhone 13 Pro Max. My husband chased after the thief to get his phone back, but he was assaulted. Then, the thief ran away. I don't know how many years the person who stole my husband's phone could be in jail.

Thank you!

How many years in prison shall a person who robs and assaults a victim to escape in Vietnam be sentenced to?

Pursuant to Article 171 of the Criminal Code in 2015 stipulating snatching as follows:

1. Any person who snatches another person's property shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;

d) The offender employs a dangerous method to commit the offence;

dd) The offender attacks other people to escape;

e) The offence causes 11% - 30% WPI for another person;

g) The offence is committed against a person under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person;

h) The offence has a negative impact on social safety, order and security;

i) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The offence causes 31% - 60% WPI for another person;

c) The offender takes advantage of a natural disaster or epidemic to commit the offence.

4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The property obtained 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;

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.

5. The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000.

According to the above regulations, the person who robbed your husband's phone and assulted him to escape could be sentenced to imprisonment from 3 to 10 years. The specific penalty depends on the circumstances of the case and the verdict of the court.

How many years in prison shall a person who robs and assaults a victim to escape in Vietnam be sentenced to? - Source: Internet

How long does it take to erase the criminal record for the crime of robbery in Vietnam?

Pursuant to Article 70 of the Criminal Code in 2015 stipulating automatic conviction expungement as follows:

1. Automatic conviction expungement is granted to people convicted of crimes other than those specified in Chapter XIII and Chapter XXVI hereof after they have served their primary sentences, probation period of a suspended sentence or when the time limit for sentence execution expires and the conditions specified in Clause 2 and Clause 3 of this Article are met.

2. Automatic conviction expungement shall be granted to a convict if he has served the primary sentence or the probation period of a suspended sentence, additional punishments, other decisions of the judgment and does not commit any new crime during the periods specified below:

a) 01 year in case of a warning, fine, community sentence or suspended imprisonment sentence;

b) 02 years in case of imprisonment of up to 05 years;

c) 03 years in case of imprisonment from over 05 years to 15 years;

d) 05 years in case of imprisonment of over 15 years or commuted life imprisonment.

A convict serving an additional punishment that is mandatory supervision, prohibition from residence, prohibition from holding certain positions, prohibition from doing certain jobs, deprivation of certain citizenship rights for a period longer than those specified in Point a, b and c of this Clause, automatic conviction expungement shall be granted when he/she finishes serving the additional punishment.

3. Automatic conviction expungement shall be granted to a convict if he/she does not commit any new crime during the period specified in Clause 2 of this Article from the end of the time limit for sentence execution.

4. The agency managing criminal record database shall update information about criminal records of the convicts and issue criminal records which contains certification of no convictions on request if all conditions specified in Clause 2 or Clause 3 of this Article are satisfied.

According to the regulations as above, the period of time required to erase the criminal record for the crime of robbery will vary depending on the specific prison sentence that the offender must bear.

Best regards!

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