How are violations of property sealing and seizure handled?
(Baonghean.vn) - According to Mr. N.D.T in Hung Nguyen, he has heard about the crime of violating the sealing, seizure of assets, and freezing of accounts. So, what is the specific penalty for those who commit this crime?
Reply:
Article 385 of the 2015 Penal Code stipulates the crime of violating the sealing, seizure of assets, and freezing of accounts, as follows:
1. Any person who is assigned to keep or manage seized or sealed property, sealed evidence, or frozen accounts, and commits one of the following acts shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years:
a) Breaking the seal or unfreezing an account without a decision from a competent authority;
b) Consuming, transferring, swapping, concealing or destroying seized property.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:
a) Leading to incorrect resolution of cases and incidents;
b) Leading to the suspect, defendant, convicted person, person subject to judgment enforcement, person with judgment enforcement obligation to disperse assets and fail to perform judgment enforcement obligation with an amount of VND 100,000,000 or more.
3. The offender may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
Thus, for the crime of violating the sealing, seizure of assets, and freezing of accounts, depending on the severity, the maximum penalty is up to 7 years in prison. In addition, one may be banned from holding positions, practicing a profession, or doing certain jobs from 01 year to 05 years.