What is the current maximum penalty for the crime of abuse of trust to appropriate property?

Reply: The crime of abuse of trust to appropriate property belongs to the group of crimes against ownership as prescribed in Article 175 of the 2015 Penal Code and the Law amending and supplementing a number of articles of the 2017 Penal Code with the following penalty framework:

* Frame 1:

A person who commits one of the following acts of appropriating another person's property worth from VND 4,000,000 to under VND 50,000,000 or under VND 4,000,000 but has been administratively sanctioned for property appropriation or has been convicted of this crime or of one of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 174 and 290 of the Penal Code, has not had his/her criminal record expunged and continues to commit the crime or the property is the main means of livelihood of the victim and his/her family, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

- Borrowing, renting, or leasing another person's property or receiving another person's property by contract and then using fraudulent means or absconding to appropriate that property or intentionally not returning the property when the time comes to return it, despite having the conditions and ability;

- Borrowing, renting, or leasing another person's property or receiving another person's property by contract and using that property for illegal purposes, resulting in the inability to return the property.

* Frame 2:

Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:

- Organized;

- Professional;

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

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

- Use cunning tricks;

- Adversely affecting security, order and social safety;

- Dangerous recidivism.

* Frame 3:

Crime of appropriating property worth from 200,000,000 VND to under 500,000,000 VND, shall be punished with imprisonment from 05 years to 12 years.

* Frame 4:

Crime of appropriating property worth 500,000,000 VND or more shall be punished by imprisonment from 12 to 20 years.

* 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 abuse of trust to appropriate property under Article 175 has a maximum penalty of 20 years in prison. The offender may also be fined from VND 10,000,000 to VND 100,000,000, banned from holding a position, practicing a profession or doing certain work from 01 year to 05 years or have part or all of his/her property confiscated.

PL