(PLO)- According to the lawyer, it is reasonable and very welcome for the police to quickly step in and prosecute the property theft case.
Recently, the Police Department of Ho Chi Minh City. Hanoi has issued a decision to prosecute a criminal case for property theft to investigate the behavior of three police officers shooting people’s goats to death.
The Military Police also issued a decision to temporarily hold Captain Nguyen Van Nhan, Lieutenant Bui Dinh Viet and Lieutenant Bui Tien Tung (three police officers of Dai Nghia town, My Duc district). At the same time, the director of the Hanoi Police Department signed a decision to strip the three police officers of the title of People’s Public Security.
|The image of the goat was taken from the car. Photo CTV|
If prosecuted for theft, how will the three former policemen face the penalty frame?
According to LS Bui Quoc Tuan (Ho Chi Minh Communist Youth Union), the case on the CQDT prosecuted the crime of property theft is appropriate. Because, the initial details showed that three police officers had stealthily shot people’s goats and brought them back to the car. This is an act of illegally possessing another person’s property to give oneself the ability to dispose of that property stealthily, in order not to let the property manager know that appropriation has occurred.
Regarding the level of punishment, according to LS Tuan, if being prosecuted and brought to trial for theft, according to Article 173 of the Penal Code 2015, depending on the value of stolen property, there will be corresponding penalties. Specifically, if the property’s value is from 2 million dong to less than 50 million dong, they shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years. If the property is valued between VND 50 million and under VND 200 million or commits an organized crime of a professional nature, the offenders shall be sentenced to between two and seven years of imprisonment. If appropriating property valued between VND 200 million and under VND 500 million, the offenders shall be sentenced to between 7 years and 15 years of imprisonment.
Agreeing, Le Van Hoan (Ho Chi Minh Communist Youth Union) said that it is reasonable for the police to prosecute theft. Because after shooting and killing 3 goats, three officers brought them into the car to appropriate them, this act is an act of property theft according to Article 173 of the Penal Code 2015.
Regarding the idea that three police officers have signs of property destruction under Article 178 of the 2015 Penal Code, lawyer Hoan said that property destruction is an act that causes property to lose its use value. or substantially reduce its use value. If three police officers shot dead but did not appropriate it, they could be prosecuted for destroying or intentionally damaging property, but here as analyzed, these officers shot and took the trunk of the car back. .
In addition, according to LS Tuan in this case, the behavior of using homemade guns of three police officers also needs to be considered. Because Clause 2, Article 5 of the Law on Management and Use of Weapons, Explosives and Supporting Tools stipulates the illegal production, sale, purchase, stockpiling, transportation, use… or appropriation of weapons, Explosives are one of the prohibited acts. This behavior will be fined from 10 million VND to 20 million VND according to Article 11 of Decree 144/2021. In addition, the additional form of penalty is confiscation of material evidences and means of administrative violations; revoke the right to use the license to use weapons and combat gear within 3-6 months.
At a more serious level, if the homemade firearm is determined by the assessment to be a military weapon, that person may be examined for penal liability for the crime of “Illegal manufacture and use of military weapons” under Article 2 of this Law. 304 Penal Code 2015. If it is concluded that it is a hunting gun or a rudimentary weapon or a sports weapon, that person may be prosecuted for criminal responsibility for the crime of “Illegal manufacture and use of shotguns and weapons. rudimentary weapons, sports weapons” according to Article 306 of the 2015 Penal Code, as amended in 2017.
Also according to Lawyer Tuan, it is very welcome for the police to quickly step in and prosecute the case. This shows the responsibility of the authorities, avoids affecting the reputation of the police sector and creates trust with the people.
3 policemen who ‘mistakenly shot’ people’s goats were stripped of the title of People’s Police
(PLO)- The director of the Hanoi Police Department signed a decision to strip the title of People’s Police for three policemen who shot and killed people’s goats. .