Under what circumstances is deceiving customers subject to criminal prosecution?
Mr. Tran Van H., residing in Van An commune, asks: Under what circumstances will the act of deceiving customers be subject to criminal prosecution?
Reply:
According to Article 198 of the 2015 Penal Code (amended and supplemented in 2017), the crime of deceiving customers is the act of fraud in the process of buying and selling goods or providing services in order to gain illicit profit from customers.
Depending on the severity of the violation and the damage caused, those who engage in deceptive practices may face administrative penalties or criminal prosecution in accordance with the law.
According to Article 198 of the Penal Code, a person who buys or sells goods or provides services but fraudulently weighs, measures, or calculates goods or services for customers, or uses other deceptive methods when buying or selling goods, may be prosecuted for the crime of "Deceiving Customers" when:
- Having been previously penalized for deceiving customers or convicted of the crime of "Deceiving customers," and not yet having their criminal record expunged, but committing another violation;
- Illegally profiting from 5 million VND or more.
In addition, the Penal Code stipulates two administrative penalty frameworks applicable to the crime of "Deceiving customers" as follows:
- A warning, a fine of 10-100 million VND, or non-custodial correctional punishment for up to 3 years will be imposed if: The offender has already been previously penalized for an administrative violation related to this act or has been convicted of this crime and the conviction has not been expunged, and the offender commits the violation again; The illicit profit is from 5 to less than 50 million VND.
- Fines ranging from 100 to 500 million VND or imprisonment from 1 to 5 years will be imposed if the crime falls under one of the following categories: Organized crime; Professional crime; Using deceptive tactics; Illegally profiting 50 million VND or more.
In addition to the main penalties mentioned above, offenders may also be fined from 20 to 100 million VND, and prohibited from practicing a certain profession or doing a certain job for 1 to 5 years.
