Law

What sentence does a thief face for stealing property worth over 2 million VND?

PL June 26, 2024 16:30

This is the third time I've caught my nephew N. (17 years old) stealing property from my family. However, this time he stole property worth over 2 million VND. How many years in prison will he receive? This is a question from Ms. Dang Thuy Linh (Nam Dan, Nghe An).

Reply:Article 173 of the 2015 Penal Code stipulates that theft is the act of secretly and illegally appropriating another person's property. Accordingly, anyone who commits theft of property worth 2 million VND or more, or less than 2 million VND but falling under one of the specific cases prescribed by law, shall be prosecuted for the crime of "Theft of Property".

Specifically, the minimum prison sentence for theft of property worth 2 million VND or more is 6 months to 3 years, while the maximum sentence is 12 to 20 years.

Below are four specific penalty brackets for the crime of "Theft of property" exceeding 2 million VND:

1. Anyone who steals another person's property valued from 2,000,000 VND to less than 50,000,000 VND, or less than 2,000,000 VND but falls under one of the following circumstances, shall be punished with non-custodial correctional measures for up to 3 years or imprisonment from 6 months to 3 years:

a) Having already been penalized for administrative violations related to the misappropriation of property, and yet committing the violation again;

b) Having been convicted of this crime or of one of the crimes specified in Articles 168, 169, 170, 171, 172, 174, 175 and 290 of this Code, and not yet having their criminal record expunged, and committing the offense again;

c) Causing adverse effects on security, order, and social safety;

d) The property is the primary means of livelihood for the victim and their family; the property is a memento, relic, or religious object of special spiritual value to the victim.

2. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 2 to 7 years:

a) Organized;

b) It has a professional nature;

c) Appropriating property valued from VND 50,000,000 to less than VND 200,000,000;

d) Using cunning and dangerous tactics;

d) Assaulting someone to escape;

e) Theft of property valued from VND 2,000,000 to less than VND 50,000,000 but falling under one of the cases specified in Points a, b, c, and d, Clause 1 of this Article;

g) Dangerous recidivism.

3. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 7 to 15 years:

a) Appropriating property valued from 200,000,000 VND to less than 500,000,000 VND;

b) Theft of property valued from VND 50,000,000 to less than VND 200,000,000 but falling under one of the cases specified in Points a, b, c, and d, Clause 1 of this Article;

c) Taking advantage of natural disasters and epidemics.

4. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 12 to 20 years:

a) Appropriating property valued at 500,000,000 VND or more;

b) Theft of property valued from VND 200,000,000 to less than VND 500,000,000 but falling under one of the cases specified in Points a, b, c, and d, Clause 1 of this Article;

c) Taking advantage of wartime circumstances or a state of emergency.

In addition to the main penalty mentioned above, those who commit theft of property worth more than 2 million VND may also be fined from 5 to 50 million VND.

The crime of theft, as stipulated in Article 173 of the 2015 Penal Code, is a particularly serious offense; therefore, all penalties for the crime of "Theft of Property" can be applied to individuals aged 16 and above.

PL