What is the sentence for the theft of property? How long is the statute of limitations for prosecuting the theft of property in Vietnam?
What is the sentence for the theft of property in Vietnam?
Based on Article 173 of the Criminal Code 2015 as amended by Clause 34 Article 1 of the Law Amending the Criminal Code 2017, which stipulates the crime of theft of property:
Theft of Property
- Whoever steals property belonging to another person valued from 2,000,000 VND to under 50,000,000 VND, or under 2,000,000 VND but falls within one of the following cases, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Has been administratively penalized for an act of property appropriation but continues to commit the violation;
b) Has been convicted of this crime or any of the crimes stipulated in Articles 168, 169, 170, 171, 172, 174, 175, and 290 of this Code, has not yet had the conviction expunged but continues to commit the violation;
c) Causes adverse effects on security, order, and social safety;
d) The property is the primary means of livelihood for the victim and their family;
dd) The property is a relic, antique.
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According to the above regulations, anyone who steals property valued from 2,000,000 VND or more, or under 2,000,000 VND but falls under one of the following cases shall be prosecuted for the crime of theft of property:
[1] Has been administratively penalized for an act of property appropriation but continues to commit the violation
[2] Has been convicted of this crime or any of the following crimes and has not yet had the conviction expunged but continues to commit the violation:
- The crime of robbery
- The crime of kidnapping for ransom
- The crime of extortion
- The crime of snatching property
- The crime of openly appropriating property
- The crime of fraudulently appropriating property
- The crime of abusing trust to appropriate property
- The crime of using computers, telecommunications networks, electronic means to commit acts of appropriation
[3] Causes adverse effects on security, order, and social safety
[4] The property is the primary means of livelihood for the victim and their family
[5] The property is a relic, antique.
Anyone prosecuted for the crime of theft of property may be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 20 years depending on the extent of the violation.
In addition, the offender may also be fined from 5,000,000 VND to 50,000,000 VND.
What is the sentence for the theft of property? How long is the statute of limitations for prosecuting the theft of property in Vietnam? (Image from Internet)
Which circumstances are aggravating factors for criminal liability in Vietnam?
Based on Article 52 of the Criminal Code 2015 as amended by Point b Clause 2 Article 2 of the Law Amending the Criminal Code 2017, which stipulates the aggravating factors for criminal liability, include:
- Committing the crime in an organized manner
- Committing the crime in a professional manner
- Taking advantage of one's position or authority to commit the crime
- Committing the crime with hooligan nature
- Committing the crime for despicable motives
- Intentionally committing the crime to the end
- Committing the crime 02 times or more
- Recidivism or dangerous recidivism
- Committing the crime against a person under 16 years old, a pregnant woman, or a person aged 70 years or older
- Committing the crime against a person who is in a state of helplessness, severely disabled, or extremely severely disabled, a person with limited cognitive abilities, or a person dependent on the offender in terms of material, spiritual aspects, work, and others
- Committing the crime using sophisticated, cunning, or cruel means
- Committing the crime using methods or means that can cause harm to many people
- Inciting a person under 18 years old to commit a crime
- Having cunning or aggressive actions to avoid or conceal the crime.
How long is the statute of limitations for prosecuting the crime of theft of property in Vietnam?
In Article 27 of the Criminal Code 2015, the statute of limitations for prosecuting a criminal case is regulated as follows:
Statute of Limitations for Prosecution
The statute of limitations for prosecution is the period prescribed by this Code after which the offender shall not be examined for criminal liability.
The statute of limitations for prosecution is specified as follows:
a) 05 years for less serious crimes;
b) 10 years for serious crimes;
c) 15 years for very serious crimes;
d) 20 years for particularly serious crimes.
- The statute of limitations for prosecution is counted from the date the crime is committed. If during the period specified in Clause 2 of this Article, the offender commits a new crime stipulated by this Code for which the highest frame of the penalty is over 01 year of imprisonment, then the statute of limitations for the old crime is recalculated from the date of the new crime.
If during the period specified in Clause 2 of this Article, the offender intentionally evades and a wanted notice has been issued, the statute of limitations is recalculated from the date the offender surrenders or is arrested.
And in Article 9 of the Criminal Code 2015 as amended by Clause 2 Article 1 of the Law Amending the Criminal Code 2017, the classification of crimes is prescribed as follows:
Classification of Crimes
- Based on the nature and degree of social danger posed by the criminal act as stipulated in this Code, crimes are classified into 04 types:
a) Less serious crimes are those that pose an immaterial social danger, the highest frame of the penalty for it as prescribed by this Code is a fine, non-custodial reform, or imprisonment for up to 03 years;
b) Serious crimes are those that pose a major social danger, the highest frame of the penalty for it as prescribed by this Code is imprisonment of more than 03 years to 07 years;
c) Very serious crimes are those that pose a very great social danger, the highest frame of the penalty for it as prescribed by this Code is imprisonment of more than 07 years to 15 years;
d) Particularly serious crimes are those that pose an exceptionally great social danger, the highest frame of the penalty for it as prescribed by this Code is imprisonment of more than 15 years to 20 years, life imprisonment, or death penalty.
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Anyone prosecuted for the crime of theft of property may be sentenced to imprisonment up to 20 years, which belongs to the group of particularly serious crimes. Therefore, the statute of limitations for prosecuting this crime may be up to 20 years.
