Factors that constitute theft of property

Property offences are one of the most common types of crime today, with extremely sophisticated and complex tricks aimed at shifting ownership of property from legal owners illegally. Property theft is one of the most actual crimes in the group of property infringement offenses, the provisions in the Penal Code in 2015 amended and supplemented in 2017 on the crime of theft of property also caused a lot of controversy and misunderstanding in the application of the law.

The article below by DFC Lawyers hopes to help readers better understand, avoid confusion about extremely common crimes such as theft of property.

DFC lawyer advises on property theft charges

1. Theft of property is understood in the most general way as stealthily appropriating other people's property.

Characteristic of the crime of theft of property is the fact that the offender secretly stealthily takes advantage of the loophole of the owner, asset manager, property owner, asset manager is completely unaware that he/she has been appropriated the property, only after losing the property will they know they have lost the property.

The stealth factor is understood to be the offender concealing his or her offence.

1.1. Factors const ingredients const in the theft of property

The following are the factors that constitute the crime of theftof property, consted as the crime of theft of property will be based on the following two factors:

2. Guests of property theft

Crimes that infringe on property rights of the State, agencies, organizations, enterprises or individuals

After completing the theft, the offenders in the process of fleeing but being pursued also commit acts of resisting but infringing on other guests protected by criminal law, they must be subject to TNHS for such crimes.

3. The objective side of crime

Objective behavior of criminals:

The objective side of theft is shown in the act of stealthily appropriating other people's property in one of the following cases:

• Theft of other people's property worth VND 2,000,000 or more;

• Theft of other people's property under VND 2,000,000 but has been sanctioned for administrative violations of acts of appropriation of property but also violations;

• Theft of other people's property under VND 2,000,000 but convicted of theft of property or one of the crimes specified in the following has not been cleared of criminal record but also violated: Article 168, 169, 170, 171, 172, 174, 175, 290;

• Theft of other people's property under VND 2,000,000 but adversely affecting social security, order and safety;

• Theft of property under VND 2,000,000 but property is the main means of earning a living of victims and their families; property being meaths and relics of worship with special spiritual value to the victims;

• Consequences of crime: is that damage to the appropriated property can be attributed in cash. Some assets are subject to theft of property such as, goods, currency, valuable papers, ,...

The crime of theft of property is completed from the moment the offender moves the property out of the management of the owner or manager of the property.

4. Regulations on theft of property granted by criminal law 2015 amended in 2017

" 1. Those who steal other people's property worth from VND 2,000,000 to less than VND 50,000,000 or less than VND 2,000,000 but are in one of the following cases, they must be sentenced to non-confinement reform for up to 03 years or imprisonment from 06

months to 03 years: a) Have been sanctioned for administrative violations of acts of appropriation of property but also violated; b) Having been convicted of this crime or for one of the crimes specified in article 168, 169, 170, 171, 172, 174, 175 and 290 of this Code, which have not yet been cleared of criminal record but also violated;

c) Adversely affecting social security, order and safety;

d) Property is the main means of earning a living for victims and their families;

e) Assets being relics and antiques.

2. Committing crimes in one of the following cases, they must be sentenced to between 02 years and 07 years of imprisonment:

a) Organized; b) Having a professional nature;

c) Appropriating assets worth from VND 50,000,000 to less than VND 200,000,000;

d) Using cunning and dangerous tricks;

e) Assault to escape;

f) Assets being national treasures;

g) Dangerous re-offending.

3. Committing crimes in one of the following cases, they must be

sentenced to between 07 years and 15 years of imprisonment: a) Appropriating assets worth between VND 200,000,000 and under VND 500,000,000; b) Taking advantage of natural disasters and epidemics.

4. Committing crimes in one of the following cases, they

must be sentenced to between 12 years and 20 years of imprisonment: a) Appropriating assets worth VND 500,000,000 or more; b) Taking advantage of war circumstances and emergencies."

CONCLUSION

Theft of property is a common crime in fact, the above article hopes to help readers better understand the crime of theft of property. Contact hotline 19006512 for free criminal law advice