HOW IS THE CRIME OF THEFT HANDLED?

Theft occurs in many places, whether rural or urban. As long as people are careless, bad guys can commit their crimes. The subjects who commit theft are increasingly sophisticated and have many tricks. So how is the crime of theft handled according to the law?

TABLE OF CONTENTS

1. The act of theft

2. Elements of the crime of theft

3. How is the crime of theft handled?

3.1 Administrative sanctions

3.2 Criminal prosecution

1. The act of theft

Currently, there are no specific regulations on the act of theft. Theft is understood as the act of appropriating property of the State, organizations, agencies, or other individuals, of a secret nature, that is, when appropriating property of another subject, the person committing the act consciously wants to conceal the act he is performing.

2. Elements of the crime of property theft

2.1 Subject

According to Clause 1, Article 12 of the 2015 Penal Code, amended and supplemented in 2017, the subject of the crime of property theft is a person aged 16 or older.

According to Clause 2, Article 12 of the 2015 Penal Code, amended and supplemented in 2017, people from 14 to under 16 years old must bear criminal responsibility for very serious and especially serious penalties for the crime of property theft.

2.2 Object

The object of the crime of property theft is the property ownership of the State, agencies, organizations, and individuals.

2.3 Subjective aspect

– This is an intentional fault, meaning the offender is fully aware of the act of stealing certain property or may cause property damage to others but wishes or intentionally ignores the consequences to happen to the stolen object.

– Purpose: Desire to appropriate property owned by individuals or organizations.

2.4 Objective aspect

– Regarding behavior: There is an act of appropriating another person’s property, which means the act of illegally converting another person’s property into one’s own property.

– Regarding consequences: The consequence of the crime of property theft is causing damage to the value of illegally appropriated property.

3. How is the crime of property theft handled?

3.1 Administrative sanctions

Pursuant to Point a, Clause 1, Article 15 of Decree 144/2021/ND-CP dated December 31, 2021, stipulating administrative sanctions in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence:

“1. A fine of from VND 2.000.000 to VND 3.000.000 shall be imposed for any of the following violations:

a) 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;”

3.2 Criminal prosecution

Pursuant to Article 173 of the 2015 Penal Code, amended and supplemented in 2017, stipulates:

“Article 173. Theft

1. 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 cases shall face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:

a) The offender previously incurred a civil penalty for appropriation of property;

b) The offender has a previous conviction for theft or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof which has not been expunged;

c) The offence has a negative impact on social safety, order, and security;

d) The property stolen is the primary means of livelihood of the victim and the victim’s family; the property taken is a souvenir, memento, or religious item that has a spiritual value to the victim.

2. This offence committed in any of the following cases shall carry a penalty of 02 – 07 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property obtained is from VND 50,000,000 to under VND 200,000,000;

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

dd) The offender attacks other people to escape;

e) The property stolen is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this Article;

g) Dangerous recidivism.

3. This offence committed in any of the following cases shall carry a penalty of 07 – 15 years’ imprisonment:

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

b) The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this Article;

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

4. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment:

a) The property stolen is VND 500,000,000 or over;

b) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this Article;

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

5. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.”

Thus, depending on the nature and severity of the violation, the act of stealing property will be subject to administrative sanctions or criminal prosecution.