Talking with Dan Tri about the above content, Dr. Lawyer Dang Van Cuong, Head of Chinh Phap Law Office, said that according to the law, fraudulent appropriation of property to the point of being criminally prosecuted is an act of fraud. for using deceitful tricks to appropriate another person’s property worth 2,000,000 VND or more or less than 2,000,000 VND but falling into one of the following cases:
Have been sanctioned for Administrative violations of property appropriation but still violated; has been convicted of this crime or of one of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 175 and 290 of the Penal Code, has not yet had his criminal record erased but continues to violate it; causing adverse effects on security, order and social safety; Property is the main means of making a living for the victims and their families.
The law stipulates that borrowing money and borrowing property is a civil relationship. In Article 463 of the 2015 Civil Code, a property loan contract is an agreement between the parties. Accordingly, the lender delivers the property to the borrower. When the repayment period is due, the borrower must return to the lender assets of the same type in the correct quantity and quality and must only pay interest if agreed upon or prescribed by law.
At the same time, Article 468 of the Civil Code 2015 stipulates that the loan interest rate is agreed upon by the parties. In case the parties have an agreement on interest rate, the agreed interest rate cannot exceed 20%/year of the loan amount unless other relevant laws stipulate otherwise.
According to lawyer Cuong Ban The nature of borrowing money is a voluntary civil relationship. The law does not prohibit people who owe money from the bank from borrowing assets to repay the bank and then continue to borrow money from the bank to repay the loan to extend the debt repayment period, often called debt rollover or bank maturity. .
If you borrow money and then use it for the wrong purpose but cannot prove the purpose of appropriation, it is still just a civil relationship. If someone is no longer able to repay the debt but still gives false information to borrow money and is aware that he cannot repay the debt and has no intention of repaying the debt, then this is an act of fraud to prove the borrower’s will to pay the debt. In this case, it is not simple to accuse.
“An act can only constitute a crime if the person who owes money is unable to repay the debt and has no intention of repaying the debt but still borrows money to receive money to misused the loan amount…”lawyer Cuong affirmed.
According to this lawyer, civil relations with property loans only turn into criminal relations if the agency Grounded investigation shows that receiving money through fraudulent tricks to appropriate the borrowed money. Fraudulent tricks and the purpose of appropriating property must exist before the time of receiving money for the borrower to commit this crime.
In case of conviction of this crime, the defendants must face The maximum penalty for the crime of Fraudulent appropriation of property according to Article 174 of the Penal Code is imprisonment from 12 to 20 years or life imprisonment.
Article 174. Crime of fraudulent appropriation of property
Someone who fraudulently appropriates property Taking another person’s property worth from 2,000,000 VND to under 50,000,000 VND or under 2,000,000 VND but falling into one of the following cases shall be sentenced to non-custodial reform for up to 03 years or imprisonment from 06 months up to 03 years:
a) Have been administratively sanctioned for property appropriation but continue to violate;
b) Have been convicted of this crime or about one of the crimes specified in Articles 168169170171172173175 and 290 of this Code that have not yet been erased but are still being violated;
c) Causing a negative impact on social security, order and safety;</p >
d) Property is the main means of making a living for the victims and their families; property is a souvenir, a relic, a worship item that has special spiritual value to the victim.
Committing a crime in one of the following cases shall be punished with imprisonment from 02 to 07 years:
a) Organized;
b) Professional in nature;
c) Appropriating property worth from 50,000,000 VND to under 200,000,000 VND;
d) Dangerous recidivism;
dd) Abusing position and authority or abusing the name of an agency or organization;
e ) Using cunning tricks;
g) Appropriating property worth from 2,000,000 VND to under 50,000,000 VND but falling into one of the cases specified in points abc and d, clause 1 This.
Committing a crime in one of the following cases shall be punished with imprisonment from 07 to 15 years:
a) Appropriating property worth from 200,000,000 VND to under 500,000,000 VND;
b) Appropriating property worth from 50,000,000 VND to under 200,000,000 VND but falling into one of the cases specified in points abc and d, clause 1 This;
c) Taking advantage of natural disasters and epidemics.
Committing a crime in one of the following cases shall be punished with imprisonment from 12 to 20 years or life imprisonment:< /p>
a) Appropriating property worth 500,000,000 VND or more;
b) Appropriating property worth from 200,000,000 VND to under 500,000,000 VND but belonging to a in the cases specified in points abc and d, clause 1 of this Article;
c) Taking advantage of war and emergency situations. Offenders may also be fined from 10,000,000 VND to 100,000,000 VND, banned from holding certain positions, prohibited from practicing certain occupations or doing certain jobs for 01 to 05 years or confiscation of part or all of their assets.< /p>
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