How are superstitious practices handled?
(Baonghean.vn) - Mr. Ho Van Ha in Dien Chau asked, recently I have seen many people taking advantage of spiritual factors to practice superstition for profit. So, how is the penalty applied to people who commit this act regulated?
Reply:
Depending on each case and the level of consequences, violators of superstitious activities will be subject to administrative sanctions or criminal prosecution.
Abouttreatadministrative penalty:
According to Point d, Article 14, Decree 38/2021/ND-CP stipulates administrative sanctions for superstitious activities as follows:
-Fine from 15,000,000 VND to 20,000,000 VND for organizing superstitious activities.
-In addition, at Point a, Clause 2 and Clause 4, Article 15 of Decree 158/2013/ND-CP stipulates a fine of 3,000,000 VND to 5,000,000 VND for acts of taking advantage of spirit possession, fortune telling, soul calling, fortune telling, card shaking, spell casting, charm casting, spreading prophecies and other similar forms for personal gain.
-The violator may be subject to remedial measures such as being forced to return any illegal profits gained from the above-mentioned acts.
Abouttreatcriminal justice:
In addition, superstitious activities can also be prosecuted if the violator causes serious consequences, has been administratively sanctioned for this behavior or has been convicted of this crime and has not had his criminal record cleared but still commits the violation. And it is necessary to consider the causal relationship between the behavior and the harmful consequences that occur.
According to Article 320 of the 2015 Penal Code, amended and supplemented in 2017, the crime of practicing superstition is regulated as follows:
1. Any person who uses fortune telling, mediumship or other forms of superstition and has been administratively sanctioned for this act or has been convicted of this crime and has not had his/her criminal record expunged but continues to commit the violation shall be subject to a fine of VND 10,000,000 to VND 100,000,000, non-custodial reform for up to 03 years or imprisonment of 06 months to 03 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 years to 10 years:
a) Causing death;
b) Illegal profits of VND 200,000,000 or more;
c) Adversely affecting social security, order and safety.
3. The offender may also be fined from VND 10,000,000 to VND 50,000,000.
In addition, if the offender shows signs of using superstitious practices to defraud others in order to appropriate property, he/she may be prosecuted for fraud and appropriation of property. The maximum penalty for this crime is life imprisonment.
