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Robbery Sentencing and Penalties

05/04/2022


The crime of property appropriation is a formal crime, so even if the offender has not caused any consequences (have not yet appropriated the property) but has consciously appropriated it and has committed the act of threatening to use force, force or use other tricks to intimidate the spirit of the person in charge of property management, the crime has been considered completed.

For the case of causing consequences, depending on the nature and level of danger, the offender may be examined for penal liability under different penalty frames.


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Silmutaneously, if the offender has not yet committed the act of threatening to use force or has not used other tricks to threaten the spirit of the property manager, but has a sense of appropriation and preparation in advance,that will be considered  and handled according to the case of preparing to commit a crime.

Penalties Crime of property appropriation

According to the provisions of Article 170 of the Penal Code 2015, the fines applied to the crime of property appropriation are as follows:

Main penalty

Frame 01:

A prison term of between 1 and 5 years shall be imposed on those who threaten to use force or use other tricks to mentally intimidate others in order to appropriate property.

Frame 02:

A prison term of between 3 and 10 years if the crime is committed in one of the following cases:

- Organizing;

- Be of a professional nature;

- Committing the crime against a person under 16 years old, a woman who is known to be pregnant, an elderly person or a person incapable of self-defense;

- Appropriating property valued between 50 and under 200 million dong;

- Causing adverse effects on social security, order and safety;

- Dangerous recidivism.

 

Frame 03:

A prison term of between 07 and 15 years if the crime is committed in one of the following circumstances:

- Appropriating property valued between 200 and under 500 million dong;

- Taking advantage of natural disasters and epidemics.

Frame 04:

A prison term of between 12 and 20 years if the crime is committed in one of the following circumstances:

- Appropriating property valued at VND 500 million or more;

- Taking advantage of the situation of war or emergency.

Additional Penalties

- A fine of between 10 and 100 million dong; or

- Confiscation of all or part of the property.

According to point e, clause 2, Article 15 of Decree 144/2021, in case of appropriating property but not being examined for penal liability, the person who commits the act may be fined from 03 to 05 million dong. Additionally, properties must be returned.