Is One Still Prosecuted After Returning Stolen Money?

As stipulated in Article 155 of the 2015 Criminal Procedure Code concerning offenses under Clause 1 where the victim has the right to withdraw the prosecution (when the victim withdraws the letter, the prosecution will cease):

- The act of intentionally causing injury or harm to the health of another person.

- The act of intentionally causing injury or harm to the health of another person in a state of strong mental agitation.

- The act of intentionally causing injury or harm to the health of another person exceeding the limits of legitimate defense or exceeding the necessary level when apprehending a criminal.

- The act of unintentionally causing injury or harm to the health of another person.

- The act of unintentionally causing injury or harm to the health of another person due to violation of professional or administrative rules.

- And offenses such as Rape, Coercive Sexual Intercourse, Humiliation, Slander, and Infringement of Industrial Property Rights.

Note: This does not apply to theft offenses.

=> Therefore, according to the aforementioned regulations, even if the victim withdraws the letter, the prosecution will proceed normally, and the thief will still bear criminal responsibility for the theft. The victim's withdrawal of the letter is only one of the mitigating circumstances of the case.

And according to the provisions of Clause 34 Article 1 of the 2017 Law Amending the Criminal Code.

If the offense falls under one of the following cases, the penalty is imprisonment from 07 years to 15 years:

- Appropriating property valued from VND 200,000,000 to less than VND 500,000,000;

- Exploiting natural disasters or epidemics.

=> Thus, the act of property theft mentioned above can be subject to criminal prosecution with a sentence ranging from 7 years to 15 years in prison.

Sincerely.