[FREE LEGAL ADVICE]

YOUR QUESTION:
First, let me ask: If the owner snatches the hui, is it included in the Law on fraud and property appropriation? My story: Owner A broke his debt and snatched us. Ms. B is still missing A's death. I have told the authorities in the hamlet where I live. They decided to take the missing portion of B from A and pay it to me. But now, for the past 6 months, B has not paid for me. So now should I say Mr. A or Ms. B? I'm Very Sincere Thank you

ANSWER:
Hello, thank you for sending a question to MEDLAW, based on the information you provided, MEDLAW advises as follows:

First, the person who commits the act of stealing may commit the crime of "crime of fraud to appropriate property", "crime of abusing trust to appropriate property" if fully satisfying the criminal components specified in the Articles of Incorporation. 174, 175 Penal Code 2015 (amended and supplemented 2017). Because the information you provide is not enough for us to determine whether the owner's behavior has satisfied the criminal components or not.

Because the matter has been negotiated by the parties, resolved at the local government as the information you provided. Accordingly, the parties have agreed to let Ms. B (who is lacking in hui) pay on behalf of the owner. This is a voluntary agreement of the Parties in accordance with the provisions of Decree 19/2019/ND-CP on surnames, hui, post offices (specifically, part or all of the obligations of their owners are transferred. assigned to Ms. B), witnessed by the competent authority. Therefore, the parties need to comply with this agreement.

Since the parties agreed to now (over 06 months), Ms. B has not paid you according to the agreement. Therefore, you have the right to ask Ms. B to perform this obligation for you along with the interest due to late performance of the obligation.
For the owner, Ms. A, you have the complete right to request the competent authorities to sanction administrative violations or prosecute them for criminal liability according to regulations.

Legal grounds:
- Regulations of the 2015 Civil Code on surnames, "hui", "bieu", and wards;
- Regulations of the Civil Code 2015 on the transfer of civil obligations; liability for late performance of payment obligations and interest.
- Decree 19/2019/ND-CP of the Government regulating surnames, hui, bieu, wards;
- Penal Code 2015, amended and supplemented in 2017.

Specifically, the legal basis for your case is as follows:

- According to Article 175 of the Penal Code 2015, amended and supplemented in 2017 on the crime of abusing trust to appropriate property
1. Those who commit one of the following acts to appropriate other people's property valued from VND 4,000,000 to under VND 50,000,000 or under VND 4,000,000 but have been administratively sanctioned for an administrative violation. misappropriation or has been convicted for this crime or for one of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 174 and 290 of this Code, not yet entitled to criminal record remission, but also commits a crime. or property is the victim's main means of livelihood or property has special spiritual value to the victim, the offenders shall be sentenced to non-custodial reform for up to 3 years or a prison term of between 6 months and 6 months. 03 years:
a) Borrowing, borrowing, renting property of another person or receiving another person's property in the form of a contract and then using deceitful tricks to appropriate such property or on time to return the property, even though there are conditions , the ability but deliberately do not pay;
b) Borrowing, borrowing, renting property of another person or receiving another person's property by means of a contract and having used such property for illegal purposes leading to the inability to return the property.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 07 years of imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) Appropriating property valued between VND 50,000,000 and under VND 200,000,000;
d) Abusing positions, powers or taking advantage of the name of agencies or organizations;
d) Using cunning tricks;
e) Dangerous recidivism.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 5 and 12 years of imprisonment:
a) Appropriating property valued between VND 200,000,000 and under VND 500,000,000;
b) Causing adverse effects on social security, order and safety.
4. Committing the crime of appropriating property valued at VND 500,000,000 or more, the offenders shall be sentenced to between 12 and 20 years of imprisonment.
5. The offenders may also be subject to a fine of between VND 10,000,000 and 100,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years, or having a part or part confiscated. entire property.

- According to Article 174 of the Penal Code 2015, amendments and supplements to 2017 on the 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 for up to 03 years or imprisonment from 06 months to 03 years:
a) The offender has incurred an administrative penalty for appropriation of property;
b) The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 hereof;
c) The offence has a negative impact on social safety, order and security;
d) The property illegally obtained is the primary means of livelihood of the victim and the victim's family; the property illegally obtained is a souvenir, memento or religious item that has a 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) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) Appropriating property valued between VND 50,000,000 and under VND 200,000,000;
d) Property is the main means of livelihood of the victim and their family; property is a memento, an inheritance
d) 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 valued at VND 500,000,000 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 Article 25 of Decree 19/2019/ND-CP on Dispute settlement and handling of violations in family, hui, bau, ward
1. In case there is a dispute about them or arising from them, such dispute shall be resolved by negotiation, conciliation or requesting the Court to settle in accordance with law.
2. Family owners, members, related individuals and organizations have the right to request competent authorities to handle administrative violations or examine them for penal liability for those who commit acts of lending money with high interest or fraud. appropriating property, abusing trust, appropriating property, illegally raising capital or committing other illegal acts when entering into relationships with them.

– According to Article 471 of the 2015 Civil Code on surnames, hui, bieu, wards.
1. Surname, hui, bieu, ward (hereinafter collectively referred to as surname) is a customary form of property transaction on the basis of an agreement between a group of people who gather together to determine the number of people, time, the amount of money or other property, the mode of contribution and receipt and the rights and obligations of the members.
2. The organization of surnames for the purpose of mutual assistance among the people shall comply with the provisions of law.
3. If the organization is profitable, the interest rate must comply with the provisions of this Code.
4. It is strictly forbidden to organize them in the form of usury.
According to Article 370 of the 2015 Civil Code on Transfer of civil obligations.
1. The obligor may transfer the obligation to the obligee if so agreed by the obligee, unless the obligation is attached to the obligee's identity or is not required by law to be transferred. duty;
2. When an obligation is transferred, the obligor becomes the obligor.

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice.

In case you ever need detailed consultation, please contact us directly for specific advice.

Here is our answer to the question. If you have a need for free legal advice, please leave a question on the group or message the Admin for answers.