How much money does person snatch to face a penalty of imprisonment in Vietnam? If I lend my motorbike to my friend to rob, will my motorbike be confiscated in Vietnam?
How much money does person snatch to face a penalty of imprisonment in Vietnam? If I lend my motorbike to my friend to rob, will my motorbike be confiscated in Vietnam? Robbery and snatching, which crime is more serious in Vietnam?
How much money does person snatch to face a penalty of imprisonment in Vietnam?
According to the criminal law, how much money does person snatch to face a penalty of imprisonment?
Reply:
Article 171 of the 2015 Penal Code provides for snatching:
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.
...
Thus, for the crime of property snatching in Vietnam, just the act, regardless of how much the property is worth, will also be examined for penal liability for this crime and may be sentenced to a prison term of 1 year or more.
Therefore, for the case of snatching, it is not known how much money was snatched, as long as the act is enough to constitute a crime of snatching, they can also be sentenced to prison according to regulations in Vietnam.
If I lend my motorbike to my friend to rob, will my motorbike be confiscated in Vietnam?
I lent my motorbike to a close friend. Meanwhile, my friend used my motorbike to steal property. In this case, will my motorbike be confiscated or not?
Reply:
Pursuant to Article 47 of the 2015 Penal Code, there are provisions on confiscation of objects and money directly related to crimes as follows:
1. Expropriation or destruction shall be applied to:
a) Instruments, vehicles used for the commission of the crime;
b) Items or money earned from the commission of the crime or from selling, exchanging them; illegal profits earned from the commission of the crime;
c) Items banned from trading by the State.
2. Items and money illegally appropriated or used by the offender shall be returned to their lawful owners or managers instead of being confiscated.
3. Items, money under the ownership of a person might be confiscated if such person allows the offender to use them for the commission of the crime.
Thus, according to the above provisions in Vietnam, the property under the ownership of a person might be confiscated if such person allows the offender to use them for the commission of the crime.
In your case, if you can prove you don't know your friend borrowed the motorbike to rob, your motorbike will not be confiscated. On the contrary, if you know this person borrowed your motorbike to rob but you still lend it, your motorbike will be confiscated and you will also be criminally responsible for being an accomplice of this person in Vietnam.
Robbery and snatching, which crime is more serious in Vietnam?
According to the current criminal law, between the crime of robbery and snatching, which crime will bear a heavier sentence?
Reply:
Pursuant to Article 168 of the 2015 Penal Code, the crime of property robbery 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;
dd) The property taken is assessed at from VND 50,000,000 to under VND 200,000,000;
e) 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.
g) The offence has a negative impact on social safety, order and security;
h) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:
a) The property taken is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The offence causes 31% - 60% WPI for the victim;
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 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.
5. Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.
6. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000 , be put under mandatory supervision, prohibited from residence for 01 - 05 years or have all or part of his/her property confiscated.
Pursuant to Article 171 of the 2015 Penal Code provides for snatching:
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.
Thus, in terms of the heaviest criminal liability for the above two crimes, the penalty of life imprisonment is applied. Therefore, it can be said that both are very dangerous crimes infringing on property and even human life in Vietnam.
Best regards!
