Crimes of property appropriation in Vietnam are very common in practice. However, many people are confused when identifying charges for these acts of appropriation. A typical example is the confusion between the charges of robbery, snatching, and theft of property.
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What are the penalties for the act of property appropriation in Vietnam? (Illustrative photo)
Appropriating property is understood as the intentional act of illegally transferring property currently under the management of another into one's own possession. According to the provisions of the Criminal Code 2015, this act constitutes offenses against property.
In Chapter XVI of the Criminal Code 2015, it is stipulated that out of 13 offenses, up to 8 are related to property appropriation. Lawnet will provide customers and members with characteristics to distinguish common property appropriation crimes in Vietnam.
Among the 8 offenses related to property appropriation stipulated in the Criminal Code 2015, the more commonly encountered crimes in reality include Robbery, Snatching, and Theft of Property. They are identified as follows:
| Content | Robbery | Snatching | Theft of roberry |
| Definition | The act of using force, threatening to use force immediately, or other actions making the attacked person unable to resist in order to appropriate property. | The act of openly appropriating property quickly to avoid the asset owner’s resistance. | The act of stealthily appropriating property under the management of others. |
| Value of appropriated property | Determination of the crime is not based on the value of the appropriated property. | Determination of the crime is not based on the value of the appropriated property. | The appropriated property must have a value of 2,000,000 VND or more. If less than 2,000,000 VND, it must fall into one of the following cases:
|
| Subject of the crime | Violating ownership rights and personal rights | Violating ownership rights and personal rights | Violating only ownership rights |
| Criminal act indications | Acts of using force, threatening to use force immediately. | Quick and open appropriation of property. | Stealthily appropriating someone else's property. |
| Penalty | - Imprisonment from 03 years to 20 years or life imprisonment; - May be fined from 10,000,000 VND to 100,000,000 VND, be subject to probation, residence prohibition from 01 year to 05 years, or confiscation of part or all of the property. |
- Imprisonment from 01 year to 20 years or life imprisonment; - May be fined from 10,000,000 VND to 100,000,000 VND. |
- Non-custodial reform up to 03 years or imprisonment from 06 months to 20 years; - May be fined from 5,000,000 VND to 50,000,000 VND. |
| Legal basis | Article 168 of the Criminal Code 2015 | Article 171 of the Criminal Code 2015 | Article 173 of the Criminal Code 2015 |
Apart from the different indications mentioned above, these offenses share a common nature of property appropriation. The subject of the crime is the ownership rights of others. Simultaneously, the subject of the crime is persons who have full criminal responsibility, including:
- Persons from 14 years old and above;
- Not suffering from mental illness or other diseases causing a loss of cognitive or behavioral control abilities.
Another common point of these crimes is the subjectivity of the crime, which is direct intentional fault. That is, the perpetrator is aware that their actions are dangerous to society, foresee the consequences of those actions and desire those consequences to occur.
Although they are all crimes related to property appropriation, these crimes are not the same. In reality, many people confuse between identifying these crimes, typically between robbery and snatching.
Property appropriation is a dangerous act to society, severely violating the property rights of others as well as public order in general. Given the nature and degree of danger of this act, criminal law prescribes very severe penalties. To be specific: the perpetrator, depending on the nature of the act and the degree of damage caused, may be imprisoned for a minimum of 06 months up to life imprisonment.
Thuy Tram
