Is committing multiple thefts in one month considered a professional crime?
What constitutes professional criminal activity? If someone steals multiple times in a month, is that considered professional criminal activity? This is a question of concern to Mr. Nguyen Van H. (Tam Dong commune, Nghe An province).
ReplyAccording to Clause 2, Article 4 of Resolution No. 04/2025/NQ-HĐTP of the Council of Judges of the Supreme People's Court, the circumstance of "committing a crime in a professional manner" stipulated in Point b, Clause 1, Article 52 of the Penal Code is understood as:
The offender commits the crime five or more times (regardless of whether they have been prosecuted or not, as long as the statute of limitations for prosecution has not expired or their criminal record has not been expunged) and uses the illicit profits obtained from the crime as their source of income.
For example: H. has no stable job, is lazy, frequently indulges in gambling and partying, leading to debt. From October 2023 to September 2024, H. committed 10 thefts (each theft worth 10 million VND or more), with a total value of stolen property of 500 million VND. In this case, H. is subject to the aggravating circumstance of "committing a crime professionally" under point b, clause 1, Article 52 of the Penal Code.
Therefore, simply basing the conclusion that someone commits theft multiple times in a month is not sufficient grounds to determine that they are a professional criminal. A criminal is only considered a professional criminal when they simultaneously meet two conditions:
(1) Committing theft five or more times, each time having sufficient elements to constitute a crime;
(2) Taking illicit gains from committing crimes as a source of income.
If either of the above conditions is missing, such as the offender having a stable occupation as their primary source of income or the number of thefts constituting a crime being less than five, then they are not considered to be committing a crime professionally.