Compensation for damages caused by a crime

Three years ago, someone took advantage of my company’s name to order some goods with the value of VND 181,000,000. After I reported to the police, she was wanted. Currently, this person has surrendered. May I ask how much she has to compensate to my company? Sincerely thank you!

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. Based on your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:

According to the information provided by you, your company is taken advantage to order goods with the value of VND 181,000,000 by someone. Your company reported to the police and that person was wanted and surrendered. With these above grounds, it can temporarily determine that your case is resolved in accordance with the criminal proceedings.

In the case where the person who made the purchase order on behalf of your company is accused, investigated, prosecuted, or trialed, your company will participate in the legal proceedings as the defendant if your company has paid and has been appropriated the amount of VND 181,000,000 for purchases.

During the process of resolving and investigating the case, the defendant will be requested to give testimonies, present your opinions about the responsibilities to compensate of the arrestee to the defendant. During the hearing, besides the penalties imposed to crime, the person committing the crime will be also imposed juridical measures such as returning, repairing properties, or compensating damages to the defendants, to the asset’s owners. In particular, Point b, Clause 1 Article 46 of the Criminal Code 2015 providing judicial measures taken against a person committing a crime include: “returning, repairing of property or provision of compensation”.

According to Clause 1, Article 48 of the Criminal Code 2015: “The offender must return the appropriated property to its lawful owner or manager, make a repair or provide compensation for the damage caused by the crime.”

Thus, for your case, the offender must return the appropriated property with an amount of VND 180,000,000, which is legally owned by your company. If any material damages arise by the acts of committing the criminal offense, the offender must probably compensate for those damages.

The compensation for damages is performed in accordance with the provisions prescribed in Chapter XX of the Civil Code 2015, which provides compensation for non-contractual damage. In particular, Article 589 of the Civil Code 2015 regulates damage caused by infringement of property:

“In the event of an infringement of property, the compensable damage shall comprise:

1. Property which was lost, destroyed, or damaged;

2. Interests associated with the use and exploitation of the property was lost or declined;

3. Reasonable costs for the prevention, mitigation, and remedy of the damage.

4. Other damage as prescribed by law.”

Accordingly, if the infringed asset of your company falls into one of the above cases, your company has the right to request the offender to compensate for damages. When making claims for damages, your company must prove that the damages have been caused by the offense, interests associated with the exploitation of the property was lost or declined in proportion to the period of committing the crime; reasonable costs for the prevention, mitigation of the offence, invoices, and documents in accordance with market prices at the time of incurring expenses that your Company has paid to prevent the offence.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Lawyer Mai Quốc Việt – FDVN Law Firm

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