What is the maximum sentence for the crime of “fraudulent appropriation of property”?
According to the 2015 Penal Code, it stipulates:
Article 174. Crime of fraud and appropriation of property
1. Those who, by deceitful tricks, appropriate other people’s property valued at between VND 2,000,000 and under VND 50,000,000 or under VND 2,000,000 but fall into one of the following circumstances, shall be subject to a reformatory penalty. non-custodial up to 03 years or imprisonment from 06 months to 03 years:
a) They have been administratively sanctioned for the act of appropriating property but continue to commit the violations;
b) Having been convicted of this crime or of one of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 175 and 290 of this Code, but not yet entitled to criminal record remission but continue to commit it;
c) Causing adverse effects on social security, order and safety;
d) Property is the main means of livelihood of the victim and their family; property is a memento, relic, or worship object with special spiritual value to the victim.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 07 years of imprisonment:
a) Organized;
b) Be of a professional nature;
c) Appropriating property valued between VND 50,000,000 and under VND 200,000,000;
d) Dangerous recidivism;
dd) Abusing positions, powers or taking advantage of the name of agencies or organizations;
e) Using cunning tricks;
g) Appropriating property valued between VND 2,000,000 and under VND 50,000,000 but falling into one of the cases specified at Points a, b, c and d, Clause 1 of this Article.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:
a) Appropriating property valued between VND 200,000,000 and under VND 500,000,000;
b) Appropriating property valued between VND 50,000,000 and under VND 200,000,000 but falls into one of the cases specified at Points a, b, c and d, Clause 1 of this Article;
c) Taking advantage of natural disasters and epidemics.
4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 12 and 20 years of imprisonment or life imprisonment:
a) Appropriating property worth 500,000,000 VND or more;
b) Appropriating property valued between VND 200,000,000 and under VND 500,000,000 but falls into one of the cases specified at Points a, b, c and d, Clause 1 of this Article;
c) Taking advantage of the situation of war or state of emergency.
5. The offenders may also be subject to a fine of from VND 10,000,000 to VND 100,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years, or having part or all of all confiscated. property set”.
According to the Law and readers
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