What are imprisonment sentences imposed on someone who thieves 100.000 USD from the villa of a famous singer in Vietnam?

What are imprisonment sentences imposed on someone who thieves 100.000 USD from the villa of a famous singer in Vietnam?

Pursuant to Article 173 of the Criminal Code in 2015 (amended Clause 34 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating theft of property as follows:

1. A person who steals another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender has incurred an administrative penalty for appropriation of property;

b) The offender has an unspent conviction for theft or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;

c) The offence has negative impacts on social safety, order, and security;

d) The property stolen is the primary means of livelihood of the victim and the victim's family;

dd) The property stolen is a relic.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

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

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

dd) The offender attacks other people to escape;

e) The property stolen is national treasure;

g) Dangerous recidivism.

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

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

b) 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:

a) The property stolen is ≥ VND 500,000,000;

b) The offender takes advantage of a war or state of emergency to commit the offence.

As regulations above, the thief in this case may carries a penalty of 12 - 20 years' imprisonment for stealing 100.000 USD from the villa of a famous singer in Vietnam.

Will a 15-year-old person who thieves 100.000 USD from the villa of a famous singer in Vietnam be liable to imprisonment sentences?

Pursuant to Clause 2 Article 12 of the Criminal Code in 2015 (amended Clause 3 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating age of criminal responsibility as follows:

2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304 hereof.

Pursuant to Article 9 of the Criminal Code in 2015 (amended Clause 2 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating classification of crimes as follows:

1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:

a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;

b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;

c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;

d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.

2. Crimes committed by corporate legal entities are classified by their nature and danger to society as prescribed in Clause 1 of this Article. The same are applied to the crimes specified in Article 76 hereof.

As regulations above, 15-year-old person may be prosecuted for very serious crime or extremely serious crime when he/she has the act of theft of property.

In the case the thief, who stole 100.000 USD from the villa of a famous singer, is 15 years old, he/she will be liable for criminal prosecution for extremely serious crime.

Will under-16-year-old thief, who has many mitigating factors, be exempt from criminal liability in Vietnam?

Pursuant to Clause 2 Article 91 of the Criminal Code in 2015 (amended Clause 14 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating rules for taking actions against juvenile offenders as follows:

2. A juvenile offender who commits a criminal offence in any of the following circumstances and has more than one mitigating factors, voluntarily repairs the most part of the damage caused may be exempt from criminal responsibility and the measures specified in Section 2 of this Chapter, provided it is not the case specified in Article 29 hereof:

a) A person aged from 16 to under 18 commits a less serious crime or serious crime, except for the crimes specified in Articles 134, 141, 171, 248, 249, 250, 251 and 252 hereof;

b) A person aged from 14 to under 16 commits a very serious crime specified in Clause 2 Article 12 hereof, except for the crimes specified in Articles 123, 134, 141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 hereof;

c) The juvenile offender is an accomplice who has a minor role in the commission of the criminal offence.

As regulations above, under-16-year-old thief, who has many mitigating factors, shall be exempt from criminal liability in Vietnam.

However, in this case, the thief is only 15 years old. The act of stealing 100.000 USD is an extremely serious crime. Therefore, the thief will not be exempt from criminal liability in Vietnam.

Best regards!