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Is property robbery of no practical value consider as a crime ?

27/04/2022


Article 171 of the 2015 Penal Code stipulates as follows:

"1. Those who rob other people's property shall be sentenced to between 01 and 05 years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 3 and 10 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) Using dangerous tricks;

đ) Assault to escape;

e) Inflicting injury or causing harm to the health of others with an injury rate of between 11% and 30%;

g) Committing the crime against a person under 16 years old, a woman known to be pregnant, an elderly person or a defenseless person;

h) Causing adverse effects on social security, order and safety;

i) Dangerous recidivism.

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) Inflicting injury or causing harm to the health of others with an injury rate of between 31% and 60%;

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) Inflicting injury or causing harm to the health of 1 person with an injury rate of 61% or higher, or causing injury or causing harm to the health of 2 or more people with an injury rate of 31% or more each person;

c) Causing death;

d) Taking advantage of war or state of emergency.

5. The offenders may also be subject to a fine of between VND 10,000,000 and 100,000,000.”

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Accordingly, Article 171 of the Penal Code also does not stipulate that the level of appropriated property is a sign of the crime of property robbery, so the offender is still considered a crime of property robbery even though this property has a very small value.

Even in the case of robbery with very small or insignificant value (false gold necklace, handbag without property, etc.), the person performing the robbery can still be examined for penal liability for the crime of property robbery if there are enough structural factors that led to a crime.