How many years in prison for the crime of open appropriation of property?
(Baonghean.vn) - What is open appropriation of property? What is the penalty for open and brazen appropriation of property according to the latest provisions of the criminal law? - A matter of concern for Mr. Le Khanh Thanh (Nam Dan, Nghe An).
Reply:
- Currently, the law does not have specific provisions defining the act of openly appropriating property.
In fact, open appropriation of property can be understood as the act of openly taking property in the presence of the owner or person responsible for managing the property without using force, threatening to use force or any other means to intimidate the spirit of the property manager.
- Anyone who openly appropriates another person's property with sufficient signs of constituting a crime may be prosecuted for the crime of openly appropriating property as prescribed in Article 172 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:
Non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years for those who openly appropriate another person's property worth from 2,000,000 VND to under 50,000,000 VND or under 2,000,000 VND but falling into one of the following cases:
- Having been administratively punished for property appropriation but still violating;
- Having been convicted of this crime or one of the crimes specified in Articles 168, 169, 170, 171, 173, 174, 175 and 290 of the Penal Code 2015 (amended and supplemented 2017), not yet had the criminal record cleared but still committed the violation;
- Adversely affect security, order and social safety;
- The property is the primary means of livelihood of the victim and their family.
* Frame 2:
Imprisonment from 02 years to 07 years for a person who openly appropriates another person's property in one of the following cases:
- Appropriation of property worth from 50,000,000 VND to under 200,000,000 VND;
- Assault to escape;
- Dangerous recidivism;
- Appropriation of relief goods.
* Frame 3:
Imprisonment from 07 years to 15 years for a person who openly appropriates another person's property in one of the following cases:
- Appropriation of property worth from VND 200,000,000 to under VND 500,000,000;
- Taking advantage of natural disasters and epidemics.
* Frame 4:
Imprisonment from 12 years to 20 years shall be imposed on a person who openly appropriates another person's property in one of the following cases:
- Appropriation of property worth VND 500,000,000 or more;
- Taking advantage of war and emergency situations.
* Additional penalties:
Offenders who openly appropriate property may also be fined from 10,000,000 VND to 100,000,000 VND.
Thus, the person who openly appropriates property in the above 4 categories can be imprisoned for up to 20 years and can also be fined from 10,000,000 VND to 100,000,000 VND.
