How is protection racket handled?

Reply

According to the Ministry of Public Security: Protectionism is a serious violation of the law and depending on the nature, extent and consequences of the act, the perpetrator may be subject to disciplinary action, administrative sanctions or criminal prosecution. Specifically as follows:

Criminal law handling:

If the protection act shows signs of a crime, the perpetrator may be prosecuted under the 2015 Penal Code (amended and supplemented in 2017), with a number of related crimes such as:

- Crime of extortion (Article 170):

+ The act of using force or threats to force others to pay "protection" money.

+ Penalty: Depending on the level, can be imprisoned from 1 year to life.

- Crime of organizing and protecting illegal activities (For example: prostitution, gambling...):

+ Organizing, harboring or protecting prostitution: Articles 327, 328.

+ Organizing gambling or gambling: Article 322.

+ Penalty: Up to 15 years in prison depending on the behavior.

- Crime of taking advantage of position and power while performing official duties (Article 356):

+ Officials and civil servants abuse their power to cover up and illegally intervene.

+ Penalty: Imprisonment from 1 to 15 years, depending on the case.

- Crime of accepting bribes (Article 354):

+ Receive money and assets for protection, turn a blind eye to violations.

+ Penalty: From 2 years to death (if the amount is large, organized crime).

Administrative processing:

According to Decree 144/2021/ND-CP on administrative sanctions for violations in the field of security and order, some acts related to "protection" can be handled according to the following provisions:

- Article 7. Acts violating public order:

According to Clause 1, Point d: Fine from 1,000,000 to 2,000,000 VND for the act of: "Gathering many people in public places causing public disorder" - this act often occurs in protection cases at business locations, restaurants, parking lots, markets...

- Article 19. Violations of regulations on prevention and control of social evils:
According to Clause 2, point d: Fine from 5,000,000 to 10,000,000 VND for the act of: "Organizing, harboring, enticing, luring others to commit acts violating the law on social evils" - if the protection act is related to prostitution, gambling, usury...

Party handling:
If you are a party member, you will be disciplined according to Regulation 69-QD/TW of 2022 of the Party Central Committee: Reprimand, warning, dismissal from office or expulsion from the Party if you protect or cover up illegal, negative, or corrupt acts.