Persons who damage, destroy or intentionally damage other people's property depending on the case will be administratively sanctioned and may be prosecuted for criminal liability up to 20 years in prison.
Article table of contents
How are people who destroy other people's property handled? (Illustration)
1. Administrative fines for acts of destroying other people's property
According to Point a, Clause 2, Clause 3, Clause 4, Article 15 of Decree 144/2021/ND-CP stipulates:
- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for destroying or intentionally damaging property of individuals or organizations, except for cases of causing damage to property and means of public agencies. country or official duty performers, they shall be subject to a fine of between VND 6,000,000 and 8,000,000.
- Additional sanctions : Confiscation of material evidences and means of administrative violations; deportation if the person causing damage to other people's property according to the aforesaid provisions is a foreigner.
- Remedial measures : Forcibly restoring to the original state for violations.
2. Acts of destroying other people's property may be prosecuted for criminal liability
Pursuant to Article 178 of the Penal Code 2015 (amended in 2017 ), a person who destroys another person's property may be examined for penal liability for the crime of destroying or intentionally damaging property with 4 the following penalty brackets:
(1) Those who destroy or intentionally damage other people's property valued between VND 2,000,000 and under VND 50,000,000 or under VND 2,000,000 in one of the following circumstances shall be subject to a fine: a fine ranging from VND 10,000,000 to VND 50,000,000, a non-custodial reform for up to 03 years or a prison term of between 06 months and 03 years :
+ Has been administratively sanctioned for one of the acts specified in this Article but still commits it;
+ Has been convicted of this crime, has not yet had his criminal record cleared, but still commits it;
+ Causing adverse effects on social security, order and safety;
+ Property is the main means of livelihood of the victim and their family;
Property is a relic or antiquity.
(2) Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 07 years of imprisonment :
+ Organized;
+ Causing damage to property valued between VND 50,000,000 and under VND 200,000,000;
The property is a national treasure;
+ Using substances dangerous to fire, explosion or other dangerous tricks;
+ To conceal other crimes;
+ For official reasons of the victim;
+ Dangerous recidivism.
(3) Committing the crime of causing damage to property valued between VND 200,000,000 and under VND 500,000,000 , the offenders shall be sentenced to between 5 and 10 years of imprisonment .
(4) Committing the crime of causing property damage worth 500,000,000 VND or more , the offenders shall be sentenced to between 10 and 20 years of imprisonment.
In addition, the offenders may also be subject to a fine of between VND 10,000,000 and 100,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.
3. Liability to compensate for damage caused by infringing property
Persons who commit acts of infringing upon the property of others and cause damage shall have to pay compensation in accordance with the provisions of the Civil Code 2015 . Accordingly, damage caused by infringing property includes:
- Property is lost, destroyed or damaged.
- Benefits associated with the use and exploitation of lost or reduced assets.
- Reasonable costs to prevent, limit and remedy damage.
- Other damage prescribed by law.
(according to Articles 584, 589 of the 2015 Civil Code )
Thus, those who destroy property or intentionally destroy other people's property will be fined, have to pay compensation for damage and may be sentenced to a maximum prison term of up to 20 years in prison.
Jewel
