[FREE LEGAL ADVICE] 
QUESTION
Oh my. Fraudulent appropriation of property and then arrested, then lead the police to find the property, eh, is there anything wrong. The amount is about 1 billion.
ANSWER:
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
Theo khoản 4 Điều 174 Bộ luật Hình sự 2015, sửa đổi bổ sung 2017 quy định về Tội lừa đảo chiếm đoạt tài sản:
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)(được bãi bỏ)
c) Taking advantage of the situation of war or state of emergency.
Theo khoản 1 Điều 51 Bộ luật Hình sự 2015, sửa đổi bổ sung 2017 quy định về Các tình tiết giảm nhẹ trách nhiệm hình sự
The following circumstances are extenuating circumstances of criminal liability:
a) The offender has prevented or reduced the harm of the crime;
b) Offenders voluntarily repair, compensate for damage or overcome consequences;
c) Committing the crime in cases where the limit of legitimate defense is exceeded;
d) Committing the crime in cases beyond the requirements of the urgent situation;
d) Committing the crime in excess of the necessary level when arresting the offender;
e) Committing the crime in the case of mental agitation caused by the victim's illegal acts;
g) Committing the crime because of extremely difficult circumstances that are not caused by themselves;
h) Committing the crime but causing no damage or causing minor damage;
i) Committing the crime for the first time and in less serious cases;
k) Committing the crime because of being threatened or coerced by others;
l) Committing the crime in the case of limited cognitive ability that is not caused by their own fault;
m) Committing the crime because of obsolescence;
n) The offender is a pregnant woman;
o) The offender is a person aged full 70 years or older;
p) The offender is a person with severe or particularly severe disability;
q) The offender is a person with a disease that has limited cognitive ability or ability to control his/her behavior;
r) The offender confesses;
s) The offender sincerely declares, repents;
t) The offender actively cooperates with the responsible agency in detecting the crime or in the process of settling the case;
u) The offender has made atonement for the crime;
v) The offender is a person with excellent achievements in production, combat, study or work;
x) The offender is a person with meritorious services to the revolution or is the father, mother, wife, husband or child of a martyr.
Contact your question, in case you fraudulently appropriate property with the amount of 1 billion VND, you will be criminally prosecuted for fraud to appropriate property. Accordingly, if you cheat to appropriate property with the amount of 1 billion VND, you will be sentenced to between 12 and 20 years in prison or life imprisonment. However, if he led the police to retrieve the property and he voluntarily repaired, compensated or remedied the consequences, he could be relieved of his criminal liability.
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.
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