Will consuming property in the knowledge that it is obtained through another person's commission of a crime be penalized in Vietnam?
Will consuming property in the knowledge that it is obtained through another person's commission of a crime be penalized in Vietnam? If I consume property in the knowledge that it is obtained through another person's commission of a crime and with prior promise in Vietnam, what is penalty for me?
I bought a Galaxy S3 for 5,500,000 VND, a laptop for 7,500,000 VND, and an iPhone 4 for 4,900,000 VND bought 3 times on 3 different days with the same person. Later, this person was arrested for theft and when he went to the police, he confessed that he had sold it to me and told me that the above property was stolen. When I went to the police, I declared that I did not know that the property was stolen and that I did not know this person's name or whereabouts. Will consuming property committed by someone else be punished? If you consume property stolen by someone else and with prior promise, what is the penalty?
Please advise. Thankyou.
Will consuming property in the knowledge that it is obtained through another person's commission of a crime be penalized in Vietnam?
Pursuant to Article 323 of the 2015 Criminal Code on storing or buying property obtained by crime, accordingly:
1. Any person who, without prior promise, stores or buys a piece of property in the knowledge that it is obtained through another person's commission of a crime shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The illegal piece of property is assessed at from VND 100,000,000 to under VND 300,000,000;
d) The illegal profit earned is from VND 20,000,000 to under VND 100,000,000;
dd) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 10 years' imprisonment:
a) The illegal piece of property is assessed at from VND 300,000,000 to under VND 1,000,000,000;
b) The illegal profit earned is from VND 100,000,000 to under VND 300,000,000.
4. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:
a) The illegal piece of property is assessed at ≥ VND 1,000,000,000;
b) The illegal profit earned is ≥ VND 300,000,000;
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000 or have all or part of his/her property confiscated.
Thus, if you know clearly that the property is stolen but still buy and sell it and this sale is without prior promise, your action has committed the crime of harboring or consuming property committed by someone else and can be fined from 10,000,000 VND to 100,000,000 VND, community sentence for up to 03 years or imprisonment from 06 months to 03 years. In addition, part or all of the property may be confiscated in Vietnam.
Will consuming property in the knowledge that it is obtained through another person's commission of a crime be penalized in Vietnam? (Image from the Internet)
If I consume property in the knowledge that it is obtained through another person's commission of a crime and with prior promise in Vietnam, what is penalty for me?
Article 173 of the 2015 Criminal Code is amended by Clause 34, Article 1 of the Law amending the 2017 Criminal Code on property theft, specifically 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.
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.
According to this Article, with the above behavior in Vietnam, depending on the severity of the violation, you can be sentenced to community sentence for up to 03 years or imprisonment from 06 months to 07 years, in addition to being fined from 5,000,000 VND. VND to 50,000,000 VND.
Best regards!
