What are the penalties for stealing incense burners from temples in Vietnam?

What are the penalties for stealing incense burners from temples in Vietnam? (Internet image)

1. Administrative sanctions for stealing incense burners from temples

Pursuant to Clause 1, Article 15 of Decree 144/2021/ND-CP, a fine of from VND 2.000.000 to VND 3.000.000 shall be imposed for any of the following violations in Vietnam:

+ Stealing property, intruding into residential areas, warehouses or other places under the management of another person for the purpose of theft or appropriation of property

+ Blatantly appropriating property;

+ Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract, then uses deception to appropriate it or refuses to repay the loan or return the property when the repayment or return of property is due despite he/she is capable of doing so.

+ Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract and then fails to repay loan or return property and uses it for illegal purposes which result in the offender's inability to repay the loan or return the property

+ Negligence that results in damage to property of the State, authorities, organizations and enterprises.

- Additional penalties:

+ Confiscate the exhibits and means used for committing administrative violations specified in Points a,b,c and d Clauses 1 and Points a,b,c and dd Clause 2 of Article 15 of Decree 144/2021/ND-CP.

+ Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of Article 15 of Decree 144/2021/ND-CP.

- Remedial measures:

+ Enforced return of benefits illegally obtained from the commission of the violation in Points c, d and dd Clause 2 of Article 15 of Decree 144/2021/ND-CP.

+ Mandatory return of the illegally appropriated property in case of commission of the violations in Points dd and e Clause 2 of Decree 144/2021/ND-CP.

+ Mandatory restoration of original condition in case of administrative violations specified in Point a Clause 2 of Article 15 of Decree 144/2021/ND-CP.

2. Will acts of stealing incense burners from temples be criminally prosecuted?

It should be noted that the incense burners used for worship in temples are often made of copper, which is of significant value in the market. Furthermore, these incense burners hold spiritual significance, and their theft from temples can have a negative impact on many people. Therefore, engaging in the theft of incense burners from temples can potentially lead to criminal prosecution.

Pursuant to Article 173 of the Criminal Code 2015 (amended in 2017) on crime of theft of property in Vietnam:

-  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:

+ The offender has incurred an administrative penalty for appropriation of property;

+ 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 of the Criminal Code 2015 (amended in 2017);

+ The offence has negative impacts on social safety, order, and security;

+ The property stolen is the primary means of livelihood of the victim and the victim's family;

+ The property stolen is a relic.

- This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

+ The offence is committed by an organized group;

+ The offence is committed in a professional manner;

+ The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000;

+ The offender employs a deceitful method or a dangerous method to commit the offence;

+ The offender attacks other people to escape;

+ The property stolen is national treasure;

+ Dangerous recidivism.

- This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

+ The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;

+ The offender takes advantage of a natural disaster or epidemic to commit the offence.

- This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

+ The property stolen is ≥ VND 500,000,000;

+ The offender takes advantage of a war or state of emergency to commit the offence.

Nguyen Minh Khoi

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