How much property is stolen and is subject to imprisonment and fine?
(Baonghean.vn) - 10 days ago, my younger brother stole an iPhone 15 from a family in the block and sold it for 30 million VND. A few days later, he was arrested by the police. So let me ask: What is the penalty for stealing property worth of money and being fined?
Reply:According to Article 173 of the 2015 Penal Code and the Law amending and supplementing a number of articles of the 2017 Penal Code, the crime of property theft has the following penalties:
* Frame 1:
Anyone who steals another person's property worth from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 but falls into one of the following cases, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
- 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, 172, 174, 175 and 290 of this Code, not having had the criminal record cleared, and still committing the violation;
- Adversely affecting security, order and social safety;
- The property is the main means of livelihood of the victim and their family; the property is a souvenir, relic, or worship item that has special spiritual value to the victim.
* Frame 2:
Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:
- Organized;
- Professional;
- Appropriating property worth from 50,000,000 VND to under 200,000,000 VND;
- Using cunning and dangerous tricks;
- Assault to escape;
- Theft of property worth from VND 2,000,000 to under VND 50,000,000 but falling into one of the cases specified in points a, b, c and d, Clause 1 of this Article;
- Dangerous recidivism.
* Frame 3:
Committing a crime in one of the following cases shall be punishable by imprisonment from 07 years to 15 years:
- Appropriating property worth from 200,000,000 VND to under 500,000,000 VND;
- Theft of property worth from VND 50,000,000 to under VND 200,000,000 but falling into one of the cases specified in points a, b, c and d, Clause 1 of this Article;
- Taking advantage of natural disasters and epidemics.
* Frame 4:
Committing a crime in one of the following cases shall be punishable by imprisonment from 12 to 20 years:
- Appropriation of property worth VND 500,000,000 or more;
- Theft of property worth from VND 200,000,000 to under VND 500,000,000 but falling into one of the cases specified in points a, b, c and d, Clause 1 of this Article;
- Taking advantage of war and emergency situations.
* Additional penalty: The offender may also be fined from VND 5,000,000 to VND 50,000,000.
According to the information you provided, your brother stole another person's property worth 30 million VND. You also did not specify whether your brother committed the crime for the first time or had committed it before. Therefore, your brother's behavior depends on the circumstances of the case, as well as the nature and severity of the crime. Your brother will be punished accordingly. Specifically, the value of the property is 30 million VND, the penalty can be reform without detention for up to 03 years or imprisonment from 06 months to 03 years. The severity of your brother's punishment depends on whether your brother has many aggravating circumstances or mitigating circumstances that cause him to be punished at a higher or lower level than the prescribed penalty.
For the crime of property theft, the lowest penalty is non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years, the highest is 20 years and the offender can also be fined from 5,000,000 VND to 50,000,000 VND.