According to initial investigation results, male student Nguyen Dinh Tuan (SN 2002; living in Xuan Khang commune, Nhu Thanh district, Thanh Hoa province) gambled on the internet and lost some money.
After that, Tuan had an intention to steal money from his father’s account to transfer to online gambling accounts on the internet.
With the initial verification results based on the documents provided by the bank, the content of the transfer to the receiving account, the testimony of the victim and the testimony of the male student, the investigating agency prosecuted. The criminal case for the crime of “Theft of property” under article 173 of the Penal Code is grounded and lawful.
Lawyer Cuong said that the initial verification results of the investigation agency showed that this male student was 20 years old, old enough to bear criminal responsibility. Meanwhile, the act of appropriating property which is the amount of VND 140,000,000 in someone else’s account by stealthy tricks and then deleting traces is a violation of the law. Therefore, the investigating agency prosecutes this male student for the act of “Theft of property” according to the provisions of Clause 2, Article 173 of the Penal Code 2015, amended and supplemented in 2017 is grounded.
The law protects the property rights of all citizens. The act of stealthily taking property under the lawful ownership of others is an act of property theft, this is an illegal transfer of property ownership. law from property owner to another.
Regardless of whether the relationship between the victim and the perpetrator is a blood relationship or just a social relationship, the act of stealthily transferring property ownership without the owner’s consent is also a criminal act. en “Theft of property”.
With the amount appropriated from 2,000,000 VND or more, the person who sneakily takes the property of another person will be examined for penal liability for property theft according to the provisions of Article 173 of the Penal Code.
Thus, lawyer Cuong said that with the appropriate amount of VND 140,000,000, this male student will face a penalty frame of imprisonment from 2 years to 7 years according to the provisions of Point C, Clause 2. , Article 173 of the Penal Code.
In this case, the father also has a part in the education of the management of his children. Therefore, in case the father accepts responsibility, confirms the compensation for damages and remedial damages and has an application to reduce the punishment for his child, the court may also consider reducing a part of the sentence or assessing the punishment.
In addition, Lawyer Cuong also said that, during the investigation of the case, the investigating agency will also clarify the cause of the incident, collect the money that the accused has appropriated from the victim, and at the same time clarify the behavior of the victim. whether playing online games is illegal gambling on the internet or not.
If there are grounds to show that someone has organized gambling, organized killing and winning with money, the investigating agency will continue to prosecute criminal cases for the crime of “organizing gambling” and the crime of “Gambling”. ” as provided for in Articles 321 and 322 of the Penal Code. In which, this male student will be prosecuted for one more crime of “Gambling” with a penalty of up to 07 years in prison.
at Blogtuan.info – Source: Afamily.vn – Read the original article here