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Home / 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:
|
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:
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