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Ways of identifying popular property crimes

22/09/2020

Taking property is consirdered as an action when a private property is seized for an illegal purpose. According to decree The Criminal code of Vietnam 2015, these actions constitute crimes property infringement.

To be specific, in chapter XVI of The criminal code of Vietnam 2015, it is prescribed that there are 8 charges in property infringement. Among 8 charges prescribed in The criminal code of Vietnam 2015, there are some popular charges such as property robbery, thief crime being identified as follow: 

Content

Property robbery

Snatch theif

theif crime

Definition

The act of using force, threatening to use force immediately or having other acts that make the person being attacked passive in order to usurp property.

the act of publicly usurping property quickly to avoid protest of the property owner.

 

The act of stealthily usurping the other people's property. 

 

Value of the usurped property 

 The determination of criminal acts is not based on the value of usurped property. The determination of criminal acts is not based on the value of usurped property.

The usurped property's value must be at least 2 million dong. Any cases under 2 million dong must belong to one of below cases: 

  • Have been administratively punished for the act of usurping property but still relapse. 
  • Been convicted of this crime or one of  criminal offenses being prescribed in article 168, 169, 170, 171, 172, 174, 175 and 290 of this code. Haven't erased criminal records yet but still relapse. 
  • Affect badly to social security, order and safety. 
  • The property is mean to make a living of victim and their family.
  • Property is relic or antique. 

Object of crime

Infringe upon ownership and moral rights 

 Infringe upon ownership and moral rights 

 

Just infringe upon ownership

Sign of criminal behavior

The act of using force or threatening by force immediately. 

Usurp a property publicly and quickly. 

Usurp a property belong to the other stealthly.

Fines

-Imprisonment from 3 years to 20 years or life imprisonment.

- May be fined from 10 million dong to 100 million dong, probation; residence ban from 1 to 5 years or confiscating a part or the whole assets. 

- Imprisonment from 1 year to 20 years or life imprisonment

- May be fined from 10 million dong to 100 million dong. 

- Probation upto 3 years or imprisonment from 6 months to 20 years; 

- My be fined from 5. million dong to 50 million dong.

Legal document

Article 168 off the criminal code 2015

 Article 171 off the criminal code 2015 Article 173 off the criminal code 2015

Besides the different signs mentioned above, these crimes have a common thing that is all crimes have the feature of usurping property. The object of crime is the ownership of the property of others. Meanwhile, the offender is a person with full criminal liability as below:

  • Person at the age of 14 years and above.
  • Do not have mental illness or another sickness that loses their cognitive ability or ability to control behavior.

Another common feature of these crimes is that the subjective signs of crime are direct intentional errors. It means that the offender is aware of his or her behavior as dangerous act to the society and foresees the consequences of that behavior and expects the consequences to happen.

Although they are all property crimes but their nature is not the same.  In fact, many people are confused about these crimes. Typically, there is a misunderstanding between robber and snatch theif.

Usurping roperty is a danger to society, seriously infringing upon the ownership of others as well as infringing upon public order in general. Because of the danger of this act, the criminal law provides trict penalties. To be specific, a person committing an offense based on the nature of the act and the damage  caused by that crime can be imprisoned from 6 months  to life imprisonment.

Source:  ThuKyLuat.vn