What penalties can scammers face?

Reply:Fraudulent appropriation of property is a crime in the group of crimes against property as prescribed in Article 174 of the 2015 Penal Code and the Law amending and supplementing a number of articles of the 2017 Penal Code:

* Basic framework: non-custodial reform up to 03 years or imprisonment from 06 months to 03 years for one of the following cases:

+ Assets worth from 2,000,000 VND to under 50,000,000 VND.

+ Assets under 2,000,000 VND but falling into one of the following cases: Having been administratively sanctioned for property appropriation but still violating; 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 but still violating; Causing negative impacts on social security, order and safety; The property is the main means of livelihood of the victim and their family.

* Frame 2: Imprisonment from 02 years to 07 years for one of the following cases:

+ Organized;

+ Professional;

+ Appropriating property worth from 50,000,000 VND to under 200,000,000 VND;

+ Dangerous recidivism;

+ Taking advantage of position, power or taking advantage of the name of an agency or organization;

+ Use cunning tricks;

* Frame 3: imprisonment from 07 years to 15 years for one of the following cases:

+ Appropriating property worth from 200,000,000 VND to under 500,000,000 VND

+ Taking advantage of natural disasters and epidemics.

* Frame 4: Imprisonment from 12 years to 20 years or life imprisonment for one of the following cases:

+ Appropriation of property worth 500,000,000 VND or more

+ Taking advantage of war and emergency situations

* Additional penalties: The offender may also be fined from VND 10,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years or have part or all of his/her assets confiscated.

Thus, the crime of fraud to appropriate property is understood as the act of using deceitful means to make the owner or manager of the property mistakenly trust and hand over the property to the offender in order to appropriate that property. Accordingly, the lowest penalty is non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years, the highest penalty is imprisonment from 12 years to 20 years or life imprisonment. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, banned from holding a position, practicing a profession or doing certain work from 01 year to 05 years or confiscation of part or all of the property.