How is the crime of abuse of position and power to appropriate property handled?

Reply:

Article 355 of the 2015 Penal Code stipulates the crime of abuse of position and power to appropriate property as follows:

1. Anyone who abuses his/her position or power to appropriate another person's property worth from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 but falls into one of the following cases, shall be sentenced to imprisonment from 01 year to 06 years:

a) Having been disciplined for this behavior but still violating;

b) Having been convicted of one of the crimes specified in Section 1 of this Chapter, not having had the criminal record expunged, and still committing the violation.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 06 to 13 years:

a) Organized;

b) Using cunning and dangerous tricks;

c) Committing the crime two or more times;

d) Appropriation of property worth from VND 100,000,000 to under VND 500,000,000;

d) Causing property damage from 1,000,000,000 to under 3,000,000,000 VND;

e) Appropriating money and assets used for the purpose of hunger eradication and poverty reduction; money, allowances, subsidies, and incentives for people with revolutionary contributions; reserve funds or money and assets for subsidies and donations to areas affected by natural disasters, epidemics, or areas with special economic difficulties.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 13 to 20 years:

a) Appropriation of property worth from VND 500,000,000 to under VND 1,000,000,000;

b) Causing property damage from VND 3,000,000,000 to under VND 5,000,000,000;

c) Leading to bankruptcy or cessation of operations of other enterprises or organizations;

d) Adversely affecting security, order and social safety.

4. Committing a crime in one of the following cases shall be punishable by 20 years' imprisonment or life imprisonment:

a) Appropriation of property worth VND 1,000,000,000 or more;

b) Causing property damage of VND 5,000,000,000 or more.

5. The offender shall also be prohibited from holding certain positions from 01 to 05 years, may be fined from 30,000,000 VND to 100,000,000 VND, and have part or all of his/her assets confiscated.

Thus, the crime of abusing position and power to appropriate property can be prosecuted criminally with the highest prison sentence being life imprisonment.