How to sanction the appropriation of state property?

It can be seen that, in fact, the act of appropriating state assets takes place more and more, which comes from the moral deterioratie of many parts of the people and even the leaders working in the system of state agencies. So, how the act of appropriating state assets is sanctioned, or how the state's appropriation of assets is regulated, the article below please point out and analyze, clarify to readers the content of this issue, hopefully thereby somewhat useful for readers!

First, acts of appropriating state assets are unlawful acts, depending on the nature and serious extent of danger of acts of appropriating state assets which may be sanctioned for administrative violations or criminal liability (construing the crimes of appropriation of state assets). Specifically as follows:

1. Sanctioning administrative violations of acts of appropriating state property

Based on Article 11 of Decree No. 192/2013/ND-CP on November 21, 2013, regulations on sanctioning administrative violations in the field of management and use of state assets; practice saving and combating waste; national reserves; the State Treasury shall be fined between 1 million and 5 million dong for appropriating state assets in cases where it is less than the level of penal liability.

At the same time, the person who commits the act of appropriating state assets may be subject to additional sanctions such as confiscation of material evidence or means to commit acts of appropriation of property.

In addition, the person who commits the act of appropriating state assets may have to take remedial measures which are:

• Forced to restore the original state of state assets that had been altered due to the act of appropriation caused to return to the organization. If it cannot be restored as the original condition of state assets before being appropriated, the person who commits the act of appropriating the property must be compensated with money or by assets with the use capacity equivalent to the originally appropriated property;
• Forced to pay into the state budget an amount equivalent to the amount used to rent the property during the period of time the property has been appropriated.

2. Criminal handling of acts of appropriating state assets (Crimes of appropriating state assets)

Acts of appropriating state property may be prosecuted for criminal liability, construing offenses of infringement of property such as robbery; forcible seizure of property; robbery; theft of property..., depending on the conditions and types of acts of appropriation of property of the specific state.

Accordingly, the act of appropriating state property often constitutes basic crimes as follows:

2.1 Acts of appropriation of property constitute robbery

Accordingly, those who appropriate state property by using force, or commit acts of threatening to use force immediately or commit other acts that cause the attacked person to fall into a state that cannot be resisted for the purpose of appropriating state property will be sentenced to between 3 years and 10 years of imprisonment. (pursuing article 168 of the 2015 Criminal Code, amended and supplemented in 2017).

Appropriation of state assets in the following cases, imprisonment from 7 to 15 years: organized crime; committing crimes of a professional nature; in case of crimes where state assets are appropriated worth from 50 million to under 200 million...

Appropriation of state assets in the following cases, imprisonment from 12 years to 20 years: State assets are appropriated from 200 million to under 500 million; or committing crimes in case of taking advantage of natural disasters, epidemics ...

Chiếm đoạt tài sản nhà nước trong trường hợp sau thì bị phạt tù từ 18 năm đến 20 năm hoặc tù chung thân: chiếm đoạt tài sản nhà nước trị giá từ trên 500 triệu; làm chết người;…

Ngoài ra, người phạm tội còn có bị bị phạt tiền từ 10 triệu đến 100 triệu hoặc bị phạt quản chế cấm cư trú từ 1 năm đến 5 năm hoặc bị phạt tịch thu một phần hoặc toàn bộ tài sản. 

2.2 Hành vi chiếm đoạt tài sản cấu thành tội trộm cắp tài sản

The person who commits acts of appropriating state property in the form of theft (stealth) of state assets worth between 2 million and under 50 million or less than 2 million but has been administratively sanctioned for the act of appropriating property but also violated or has been convicted of this crime or other crimes of appropriation of property which have not been cleared of criminal record but also violated; or cases that adversely affect security, social order and safety or state assets appropriated as relics and antiques... they are sentenced to non-confinement for up to 3 years or will be sentenced to between 6 months and 3 years of imprisonment.

In case of committing crimes with further aggravated circumstances, they must be sentenced to between 2 years and 7 years of imprisonment: organized crime or professional offense; appropriation of state assets worth from 50 million to under 200 million; or appropriation assets are national treasures...

In case of committing crimes, state assets seized worth from 200 million to under 500 million or committing crimes in case of taking advantage of natural disasters or epidemics... they are sentenced to between 7 years and 15 years of imprisonment.

In case of committing crimes where state assets are appropriated worth 500 million or more or take advantage of war circumstances or take advantage of the emergency situation, they must be sentenced to between 12 and 20 years of imprisonment.

In addition, offenders can also be subject to additional penalties, namely a fine of between 5 million and 50 million.

Thus, the above article basically pointed out and analyzed for readers how the crime of appropriating state assets is sanctioned ... If you have any problems related to this issue in particular or related to the field of criminal law or other areas of law in general, please contact the free criminal law call center 19006512 of DFC Law Firm, DFC'steam of lawyers and consultants, ready to answer any difficulties for readers. Thank you very much!