What is the value of the property obtained that will result in criminal liability for act of extortion in Vietnam?
What is the value of the property obtained that will result in criminal liability for act of extortion in Vietnam?
Pursuant to Article 170 of the Criminal Code 2015 stipulating the crime of extortion:
Article 170. Crime of extortion
1. Anyone who threatens to use force or employs other tricks to mentally coerce others to appropriate property shall be sentenced to between 01 and 05 years of imprisonment.
2. Committing the crime in one of the following circumstances, the offender shall be sentenced to between 03 and 10 years of imprisonment:
a) Organized;
b) Showing a professional character;
c) Committing the crime against a person under 16 years of age, a woman known to be pregnant, a senior, or a person who is incapable of self-defense;
d) Appropriating property valued between VND 50,000,000 and under VND 200,000,000;
dd) Causing a negative impact on security, order, and social safety;
e) Committing the crime under dangerous recidivism.
3. Committing the crime in one of the following circumstances, the offender shall be sentenced to between 07 and 15 years of imprisonment:
a) Appropriating property valued between VND 200,000,000 and under VND 500,000,000;
b) Exploiting natural disasters, epidemics.
4. Committing the crime in one of the following circumstances, the offender shall be sentenced to between 12 and 20 years of imprisonment:
a) Appropriating property valued from VND 500,000,000 upwards;
b) Exploiting wartime conditions or emergency situations.
5. The offender may also be fined from VND 10,000,000 to VND 100,000,000 or have part or all of their property confiscated.
According to the above regulations in Vietnam, the Criminal Code 2015 does not specify the value of property obtained from extortion that is subject to criminal prosecution.
Therefore, anyone who threatens to use force or employs other tricks to mentally coerce others to appropriate property shall be subject to criminal prosecution.
How much extortion is subject to criminal prosecution? What age is liable for criminal responsibility for the crime of extortion? (Image from the Internet)
What is the time limit for criminal prosecution for the crime of extortion in Vietnam?
Pursuant to Article 27 of the Criminal Code 2015 stipulating the time limit for criminal prosecution in Vietnam:
Article 27. Time limit for criminal prosecution
1. The time limit for criminal prosecution is the time limit set by this Code, after the expiration of which the offender is not prosecuted for criminal responsibility.
2. The time limit for criminal prosecution is prescribed 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.
3. The time limit for criminal prosecution is counted from the day the crime is committed. If during the prescribed period in Clause 2 of this Article, the offender commits a new crime that has a maximum sentence of more than 01 year of imprisonment as stipulated in this Code, the statute of limitations for the old crime shall be recalculated from the date the new criminal act is committed.
If within the prescribed period in Clause 2 of this Article the offender deliberately evades and has a wanted arrest warrant issued, the statute of limitations shall be recalculated from the date they turn themselves in or are arrested.
According to the above regulations, the crime of extortion is a particularly serious crime; therefore, the time limit for criminal prosecution is 20 years.
What is the age of criminal liability for the crime of extortion in Vietnam?
Pursuant to Article 12 of the Criminal Code 2015 as amended by Clause 3 of Article 1 of the Law Amending the Criminal Code 2017 stipulating the age of criminal liability in Vietnam
Article 12. Age of criminal liability
- Persons aged 16 or older must bear criminal responsibility for all crimes, except for crimes stipulated otherwise in this Code.
- Persons aged from 14 to under 16 must bear criminal responsibility for very serious crimes, particularly serious crimes as stipulated in one of the 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, and 304 of this Code.
According to the above regulations, the age of criminal liability for the crime of extortion is persons aged 16 or older with legal capacity for criminal responsibility.
Additionally, if persons aged from 14 to under 16 with legal capacity for criminal responsibility commit the crime under the following circumstances, they must bear criminal responsibility for the crime of extortion:
- Appropriating property valued from VND 200,000,000 upwards;
- Exploiting natural disasters, epidemics;
- Exploiting wartime conditions or emergency situations.
