How will impersonating another person to defraud and appropriate property be criminally handled?
(Baonghean.vn) - Mr. Le Van Hung in Quy Chau district asked: Recently, I read in the press that many people impersonate officials in state agencies to defraud and appropriate property. So how is the criminal handling of this behavior regulated?
Reply:
According to Article 174 of the 2015 Penal Code (amended and supplemented in 2017), the act of impersonating another person to defraud and appropriate property in the following cases will constitute a criminal offense and will be punished depending on the severity of the violation as follows:
"Article 174. Crime of fraud and appropriation of property
1. A person who, by fraudulent means, appropriates another person's property worth from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 but falls into one of the following cases, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Having been administratively sanctioned for property appropriation but still committing the violation;
b) Having been convicted of this crime or one of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 175 and 290 of this Code, not yet had the criminal record cleared, and still committing the violation;
c) Adversely affecting social security, order and safety;
d) The property is the primary means of livelihood of the victim and their family.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:
a) Organized;
b) Professional in nature;
c) Appropriation of property worth from VND 50,000,000 to under VND 200,000,000;
d) Dangerous recidivism;
d) Taking advantage of position, power or taking advantage of the name of an agency or organization;
e) Using cunning tricks.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 years to 15 years:
a) Appropriation of property worth from VND 200,000,000 to under VND 500,000,000;
b) Taking advantage of natural disasters and epidemics.
