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CÂU HỎI?
I was deceived at the cost of 10 millions by other person impersonating as the bank. May I ask how would I denounce to the police? I have full ID card, phone number, information of that family, 2-sided picture of the parents who have deceived me. Please help me on this case.
ANSWER:
Depending on the seriousness of the violation, the act of impersonating a bank to fraud could result in administrative penalties or criminal prosecution.
According to Article 174 Criminal Code 2015, on amendments and supplements in 2017 regulating about Crime of obtaining property by fraud as follow:
A person who uses deception to obtain another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 months - 03 years' imprisonment:
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.
This offence committed in any of the following circumstances shall be sentenced to a penalty of 02 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
According to Article 145 Criminal Procedure Code 2015, stipulating Responsibilities and authority to receive and process denunciations, criminal information disclosed and requisitions for charges:
All denunciations, information and charge requests must be fully acquired and processed in timely manner. The authorities shall be responsible for receiving and not rejecting denunciations, information and requisitions.
The authorities responsible for receiving denunciations, criminal information disclosed and requisitions for charges shall include:
a) Investigation authorities and procuracies that obtain denunciations, information and requisitions;
b) Other authorities that take in denunciations and criminal information disclosed.
According to Article 163 Criminal Procedure Code 2015, stipulating The authority to investigate:
Investigation authorities of the people’s police force shall delve into every crime, save those falling into the powers of investigation authorities of the People’s Army or of the Supreme People’s Procuracy.
Investigation authorities are authorized to investigate criminal cases that occur in their assigned territories. If crimes occur in various or unidentified places, the investigation authority adjacent to the offender's place of exposure, of residence or of capture shall conduct investigative activities.
Regarding to your situation, according to Circular 01/2017, you need to file the letter of denunciation to the police at the district level at your residence to be promptly resolved. Records include:
Letter of report;
Identification card (notarized copy);
Household registration book (notarized copy);
Attached evidences to prove (personal information, videos, images, audio recordings containing information sources of the crime...).
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