{"id":3567,"date":"2021-03-25T08:28:21","date_gmt":"2021-03-25T01:28:21","guid":{"rendered":"http:\/\/medlaw.vn\/?p=3567"},"modified":"2021-05-27T16:05:15","modified_gmt":"2021-05-27T09:05:15","slug":"tu-van-phap-luat-mien-phi-8","status":"publish","type":"post","link":"https:\/\/medlaw.vn\/en\/tu-van-phap-luat-mien-phi-8\/","title":{"rendered":"HAVING BEEN CAUGHT UP WHEN HAS NOT STOLEN ANYTHING. DOES THAT CONSTITUTE THEFT OF PROPERTY?"},"content":{"rendered":"

I accidentally caught a thief. He snuck into my house, about to steal things then he was caught up. If I may ask, can I report to the police to arrest him when he had snuck into my house but didn't make it to steal anything?<\/span>
\nANSWER:<\/span><\/strong>
\nGreetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:<\/span>
\nPursuant to Article 15 Criminal Code 2015 (amended and supplemented in 2017), about attempts to commit a crime:<\/span>
\nAn attempt to commit a crime means an intent and conduct towards completion of a crime that does not occur for reasons not intended by the criminal.<\/span>
\nThe person who commits an unsuccessful crime has to take criminal responsibility.<\/span>
\nPursuant to Article 57 Criminal Code 2015 stipulating Decision on sentences for preparation of crimes or unsuccessful crimes:<\/span>
\n1. A sentence for preparation of a crime or unsuccessful crime shall be decided in accordance with Articles on corresponding crimes hereof and vary according to their nature, danger to society, progress of the crime and other factors that prevent the crime from being committed to the end.<\/span>
\n2. The sentence for preparation of a crime shall be imposed within the sentence brackets in particular provisions of law.<\/span>
\nPursuant to Article 173 Criminal Code 2015 about Theft of property:<\/span>
\n1. A person who indiscriminately takes property 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 - 36 months' imprisonment:<\/span>
\na) The offender has incurred an administrative penalty for appropriation of property;<\/span>
\nb) The offender has an unspent conviction for looting or any of the criminal offences specified in Article 168, 169, 170, 171, 173, 174, 175 and 290 hereof;<\/span>
\nc) The offence has a negative impact on social safety, order and security;<\/span>
\nd) The property illegally obtained is the primary means of livelihood of the victim and the victim's family;<\/span>
\ne) The property is devise, antique.<\/span>
\n5. The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000.<\/span>
\nRegarding to your situation, in this case, the thief snuck into your house, was about to commit the theft but later got caught up by you. Though the act of stealing has not conducted towards completion, the thief still has to bear criminal liability due to act of attempts. However, the fine shall be less severe comparing to the punishment of a completed crime. You shall contact to the competent agency (investigating authority, police,..) to report the crime and protect for your legal rights and interests.<\/span><\/em><\/p>\n

The content of our consultation is based on the information provided by our Client, is for reference only and based on the legal provisions which are in force at the time of consultation. In case you ever need detailed advice, please contact us directly for more specific ones.<\/span>
\nThe content upon is our answer to your question. Please message us on the Fanpage or contact us through the hotline (84\u201328) 2253 7956 if you ever need free legal consultancy service.<\/span><\/p>\n

 <\/p>","protected":false},"excerpt":{"rendered":"

H\u00f4m nay t\u00f4i v\u00f4 t\u00ecnh b\u1eaft \u0111\u01b0\u1ee3c m\u1ed9t t\u00ean tr\u1ed9m. L\u00fac h\u1eafn l\u1ebbn v\u00e0o nh\u00e0 t\u00f4i chu\u1ea9n b\u1ecb tr\u1ed9m \u0111\u1ed3 th\u00ec b\u1ecb ph\u00e1t hi\u1ec7n. T\u00f4i mu\u1ed1n h\u1ecfi Lu\u1eadt s\u01b0, h\u1eafn l\u1ebbn v\u00e0o nh\u00e0 t\u00f4i nh\u01b0ng v\u1eabn ch\u01b0a tr\u1ed9m \u0111\u1ed3 th\u00ec t\u00f4i c\u00f3 th\u1ec3 c\u00f3 th\u1ec3 b\u00e1o c\u00f4ng an b\u1eaft h\u1eafn \u0111\u01b0\u1ee3c kh\u00f4ng? GI\u1ea2I \u0110\u00c1P: Ch\u00e0o…<\/p>","protected":false},"author":1,"featured_media":3570,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[11],"tags":[],"_links":{"self":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/3567"}],"collection":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/comments?post=3567"}],"version-history":[{"count":5,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/3567\/revisions"}],"predecessor-version":[{"id":4081,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/3567\/revisions\/4081"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/media\/3570"}],"wp:attachment":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/media?parent=3567"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/categories?post=3567"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/tags?post=3567"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}