What are the consequences for practicing superstition?

Reply:

Depending on the specific circumstances and the severity of the consequences, those who violate the law by engaging in superstitious activities may face administrative penalties or criminal prosecution.

AbouthandleAdministrative penalties:

According to Point d, Article 14 of Decree 38/2021/ND-CP, administrative penalties for superstitious activities are as follows:

- A fine of VND 15,000,000 to VND 20,000,000 will be imposed for organizing superstitious activities.

-Furthermore, Point a, Clause 2 and Clause 4 of Article 15 of Decree 158/2013/ND-CP stipulates a fine of VND 3,000,000 to VND 5,000,000 for the act of exploiting activities such as spirit possession, fortune telling, summoning spirits, drawing lots, casting spells, spreading prophecies and other similar forms for personal gain.

-The offender may be subject to remedial measures, including being required to return any illegal profits obtained from the aforementioned act.

AbouthandleCriminal justice:

Furthermore, superstitious practices can also lead to criminal prosecution if the offender causes serious consequences, has already been subject to administrative penalties for this behavior, or has been convicted of this crime and the conviction has not been expunged, and the offender commits the offense again. It is also necessary to consider the causal relationship between the behavior and the harmful consequences.

According to Article 320 of the 2015 Penal Code, as amended in 2017, the crime of practicing superstition is defined as follows:

1. Any person who uses fortune telling, spirit mediumship, or other forms of superstition and has been previously fined for an administrative violation related to this act, or has been convicted of this crime and whose criminal record has not been expunged, and who commits the offense again, shall be fined from VND 10,000,000 to VND 100,000,000, sentenced to non-custodial correctional labor for up to 3 years, or imprisoned from 6 months to 3 years.

2. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 3 to 10 years:

a) To cause death;

b) Illegally profiting 200,000,000 VND or more;

c) Causing adverse effects on security, order, and social safety.

3. The offender may also be fined from VND 10,000,000 to VND 50,000,000.

Furthermore, if the offender shows signs of using superstitious practices to deceive and seize the property of others, they may be prosecuted for the crime of fraud and misappropriation of property. The maximum penalty for this crime is life imprisonment.