DAMAGED OTHER PEOPLE'S PROPERTY, IF YOU HAVE MADE COMPENSATION, WILL YOU BE CRIMINALLY PROSECUTED?

Answer

Thank you for sending your question to FDVN Law Firm (“ FDVN” ). For the consulting requests of customers, after researching the legal regulations, we have the following information to exchange:

The crime of deliberate destruction of property is specified in Article 178 of the Penal Code 2015 (amended and supplemented in 2017) as follows:

Any person who deliberately destroy another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 in one of the following circumstances shall be liable to a fine of from VND o10,000 and 10,000. 000 VND to 50,000,000 VND or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender has incurred an administrative penalty for appropriation of property;

b) The offender has an unspent conviction for the same offence;

c) The offence has a negative impact on social safety, order and security;

d) The property destroyed is the primary means of livelihood of the victim and the victim's family;

d) Property is religious item or antiquity.

……………………

Clause 1, Article 155 of the 2015 Criminal Procedure Code provides as follows:

"Article 155. Prosecution of criminal cases at the request of victims

1. Only criminal charges against offences as defined in Section 1 of Article 134, 135, 136, 138, 139, 141, 143, 155, 156 and 226 of the Criminal Code can be pressed at the requests for the crime victim or the representative of the crime victim less than 18 years of age or having mental or physical defects or passing away. "

Thus, according to the provisions of current law, the crime of deliberate destruction of property is not in the case of prosecution at the request of the victim. Therefore, if you have compensated for the damage, your brother can still be prosecuted for criminal liability if the behavior has enough elements to constitute a crime.

When the procedure conducting agency considers the amount of punishment, your brother may enjoy the extenuating circumstances specified at Point b, Clause 1, Article 51 of the Penal Code 2015 (amended and supplemented in 2017) as “Offenders voluntarily repair, compensate for damage or overcome consequences”. Or they can be considered for exemption from penal liability according to the provisions of Clause 3, Article 29 of the Penal Code: “The person who commits serious crimes unintentionally or commits less serious crimes that cause damage to life, health, honor or property of others, has voluntarily repaired, compensated for damage or remedied the consequences and is voluntarily mediated and proposed by the victim or the victim's legal representative. exempt from criminal liability, may be exempt from criminal liability”.

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.

Nguyen Thi Thu Thuy - Law Firm FDVN

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

56A Dien Bien Phu, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Lawyers in Nghe An

 No. 19 V.I Lenin street, Vinh City, Nghe An Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/

Youtube: https://www.youtube.com/c/luatsufdvn

Telegram: https://t.me/luatsufdvn

Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam