Công nhiên là gì? Quy định tội công nhiên chiếm đoạt tài sản?

What is publicity? The crime of openly appropriating property according to the Penal Code? Compare the crime of public appropriation of property and the crime of robbery?

Currently, when the law of our country is more and more widely disseminated on the mass media, it has partly reduced the number of crimes across the country. However, besides the positive aspects, there are still negative aspects, especially property-related crimes still show signs of increasing. So, what is publicity? Offense of appropriating property under the Penal Code?

Legal grounds:

  • Penal Code 2015 amended and supplemented 2017;

1. What is publicity?

Public is understood as an act of openly performing a certain act in front of others without hiding or surreptitiousness. Currently, according to the provisions of the penal code, there are provisions for the crime of public appropriation of property. Accordingly, public appropriation of property is an act of publicly taking property in the presence of the owner or person responsible for managing the property without using force or threatening to use force or any other tricks. which threatens the morale of the property manager. Often offenders take advantage of the entanglement of the property manager to take the property in front of them without doing anything.

2. Crime of openly appropriating property according to the Penal Code:

Unlike other crimes, the crime of public appropriation of property has the outstanding feature of performing acts openly and openly appropriating other people’s property without them being able to do anything else to prevent the act. committing the offence, or if any, the measure cannot be effective to prevent the offense.

The open and blatant nature of the public act of appropriating property shows that the offender does not hide his crime, before, during or immediately after the loss of property, the victim immediately knows who he is. take his property (knowing but not being able to keep). Specifically, the crime of openly appropriating property is prescribed as follows:

“Article 172. Crime of openly appropriating property

1. Those who openly appropriate other people’s property valued 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 non-custodial reform. up to 03 years or imprisonment from 06 months to 03 years:

a) They have been administratively sanctioned for the act of appropriating property but continue to commit them;

b) Having been convicted of this crime or of one of the crimes specified in Articles 168, 169, 170, 171, 173, 174, 175 and 290 of this Code, not yet entitled to criminal record remission but continue to commit it;

c) Causing adverse effects on social security, order and safety;

see more: Offense of appropriating property

d) Property is the main means of livelihood of the victim and their family.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 07 years of imprisonment:

a) Appropriating property valued between VND 50,000,000 and under VND 200,000,000;

b) Assault to escape;

c) Dangerous recidivism;

d) Appropriating property being relief goods;

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:

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a) Appropriating property valued between VND 200,000,000 and under VND 500,000,000;

see more: What is running away to appropriate property?

b) 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:

a) Appropriating property valued at VND 500,000,000 or more;

b) Taking advantage of the situation of war or state of emergency.

5. The offenders may also be subject to a fine of between VND 10,000,000 and 100,000,000.”

Thus, the crime of openly appropriating property is expressed in many different acts and natures. Usually, the person who commits a crime commits an act when he or she catches the victim who doesn’t dare or is highly likely to be unable to do anything if discovered. And the elements constituting the crime of openly appropriating property

The subject of the crime

Currently, the performance of criminal acts has many different subjects, but according to the provisions of the Penal Code, the subject to criminal responsibility is those who have full civil act capacity, capable and aware. Accordingly, in Article 12 of the Penal Code on the age of criminal responsibility, for the crime of openly appropriating property, the subject of the crime is a person over 16 years old. Therefore, when determining criminal acts, competent authorities only determine criminal acts against persons aged full 16 years or older, in other cases, depending on the severity, there is a fine level. more appropriate treatment such as re-education, sending to reformatories, etc.

see more: Case exercise distinguishing the crime of robbery, the crime of public appropriation and the crime of property theft

The object of the crime

The object of the crime for this act is that this act violates the relationship of ownership between the property and the owner, and does not infringe on other relationships protected by law. In this article, the law of our country only specifies that the crime level is considered based on the amount of money, the level of danger to society, and the circumstances, but it does not stipulate that it is related to life. It is this feature that makes the difference between the crime of openly appropriating property and other crimes such as robbery, kidnapping for the purpose of appropriating property, the crime of robbery. Therefore, if, after having appropriated the property, the offender tries to escape or is chased but commits other violations such as murder, intentionally causing injury to others, depending on the extent possible, be prosecuted for criminal responsibility for murder or for intentionally causing injury or harm to the health of others.

The objective side of the crime

The objective side of the crime is expressed in many different factors such as behavior, motive, consequences, etc.

– Crime: Like other crimes, the offense is shown as the act of appropriating another person’s property openly, without having to hide the crime in front of that person. , the act of “appropriating” the only objective side of this crime, appropriating property but showing no signs of stealth or fear. Offenders only commit acts when taking advantage of the loopholes and subjectivity of others in the process of property management or taking advantage of other objective circumstances such as natural disasters, fires, wars, etc. This often lasts and happens unexpectedly, making them unable to afford to be able to protect their property well, can only stand and watch others take the property proudly and openly.

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Looking at us, we can see that the essence of the act is the act of openly appropriating property, this is also the main sign to distinguish between openly appropriating property and stealing property. Disclosure can be made against the owner or manager of that property. For example: A takes advantage when everyone in family B moves to the boat to avoid flooding to take away the television, then this is a public act, in front of the owner to take away property, a white act. aid to constitute the crime of blatant appropriation of property.

Consequences and cause-and-effect relationships: The consequences of public misappropriation of property are property damage, specifically the value of the appropriated property. Many valuable assets are blatantly taken away by criminals, leading to many consequences.

For cases where the offender intends to appropriate property of great or very great value such as cars, motorbikes, laptops, expensive watches or other properties valued at tens of millions of dong or more. , even though the offender has not yet appropriated the property, it is still considered a crime of openly appropriating the property. However, committing a crime in cases where the crime has not yet reached or is about to be committed depends on each specific case, but the authorities have a reasonable level of punishment.

see more: Outright appropriation of other people’s property

The subjective side of crime

The offender committed this act with intentional error. According to observations, we can easily see that the offender is performing the act with a subjective will, intentionally performing the act openly, not secretly.

3. Compare the crime of public appropriation of property and the crime of property robbery:

In fact, the two crimes of public appropriation and robbery are easy to confuse readers because of their behavior and nature, here are the similarities and differences:

Firstly, the similarity between the crime of openly appropriating property and the crime of robbery

In general, both of these crimes are aimed at unlawfully taking another person’s property. Specifically:

  • The object of the crime: The crime of openly appropriating property and the crime of robbing property both infringe on properties that are not under their management, these properties are managed or used.
  • The objective side of the crime:

+ Objective behavior: Both of these crimes involve the act of appropriating other people’s property openly, not stealthily. The offender commits the act of appropriating property right in front of the owner or the person who is directly managing the property in the situation that they are unable to manage their property well, the offender does not intend to hide it. his crime

+ Consequences: Both of these crimes cause damage to other people’s property.

  • Subjective and subjective: The offender commits the act with the intention to do it openly and wants the consequences to happen. Subjects who perform acts are those who have full civil act capacity, are capable of being the owner of acts and bear penal liability.

Secondly, what is the difference between the crime of openly appropriating property and the crime of robbery?

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see more: Recovery of stolen property and liability for damages

An act of openly appropriating another person’s property is an act in which the offender commits an act of appropriating another person’s property openly and openly.

+ The act of openly appropriating property of the crime of public appropriation of property is distinguished from the act of property robbery in that the offender takes advantage of the inability of the owner or manager of the property to preserve it well. their property in impossible circumstances such as flood, storm, disabled, cannot be moved… Therefore, the offender does not need and does not intend to have any other tricks to deal with the situation. property owners, offenders such as using means and tools to threaten, coerce or mentally threaten to quickly appropriate property and escape. do not use force or threaten to use force or mental intimidation quickly or quickly seize and evade.

+ The subject of the crime of openly appropriating property must be a person aged full 16 years or older. Unlike the crime of property robbery, only people aged 16 and over are criminally responsible for their actions. Persons from full 14 years old to under 16 years old cannot become subjects of the crime of openly appropriating property, even in very serious or particularly serious crimes.

+ Penalties: Like the crime of robbery, the crime of openly appropriating property also has 4 penalty frames, but the penalty levels in the frames between these two crimes are different. The penalty frames of the crime of openly appropriating property are as follows: Frame 1: non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years; frame 2: imprisonment from 02 years to 07 years; frame 3: imprisonment from 07 years to 15 years; frame 4: imprisonment from 12 years to 20 years.

Second, for the crime of robbery

– On the crime of property robbery is the act of appropriating other people’s property quickly, taking place suddenly, making the property holder unable to react in time, so as to be able to protest against the act. property robbery. The circumstances for the subject to perform the act are to take advantage of the loopholes and subjectivity of the property owner or manager to quickly perform the act. Therefore, the consequences often have a direct impact on property

+ The subject of the crime of property robbery can be a person from full 14 years old to under 16 years old if the offender falls under Clauses 2, 3, 4, Article 171 of the Penal Code (in case of very serious crimes, especially serious crimes). important).

+ Penalties: The crime of property robbery has 4 penalty frames corresponding to 04 items as follows: Frame 1: imprisonment from 01 to 05 years; frame 2: imprisonment from 03 to 10 years; frame 3: imprisonment from 07 years to 15 years; frame 4: imprisonment from 12 to 20 years or life imprisonment.

see more: Composition and level of punishment for openly appropriating property

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