How is vandalism and destruction of other people's property punished?

Reply:

Criminal handling of acts of destruction of other people's property:

On the composition of the crime of destroying or intentionally damaging another person's property in the Penal Code.

The crime of vandalism, destruction, or intentional damage to another person's property is regulated in Article 178 of the 2015 Penal Code, according to which the composition of this crime is understood as follows:

– Regarding the object of the crime: The object that this crime violates is the legal property ownership relationship of another person.

– Regarding the subject of the crime: The subject of the crime is a normal subject. Any person who has full criminal responsibility and is not suffering from any disease that causes the inability to control his/her behavior. The age of responsibility for this crime is from 16 years old and up. People from 14 years old and up will also be held criminally responsible if they commit a very serious or especially serious crime.

– On the objective side of the crime:

The offender commits an act of damaging or intentionally damaging another person's property. The above-mentioned act is expressed in many different ways, such as this person actively destroying, or burning, or throwing another person's property into water, intentionally leaving the property to be damaged... leading to this property being damaged, losing value, or being destroyed.

As a result, the property is seriously damaged, leading to loss of usability or the inability to restore its original condition. For the crime of destroying or intentionally damaging another person's property, consequences are a mandatory element to constitute a crime. If there are no consequences, criminal liability for this crime cannot be prosecuted.

– Regarding the subjective aspect of the crime: This crime is committed with intentional fault.

Penalties for vandalism and destruction of other people's property.

The level of criminal punishment for the act of intentionally damaging or destroying another person's property is specifically prescribed in Article 178 of the Penal Code as follows:

– Fine from 10 million VND to 50 million VND, non-custodial reform up to 03 years or imprisonment from 06 months to 03 years for the following cases:

+ Intentionally destroying or damaging another person's property where the value of the destroyed property is from 2 million VND to no more than 50 million VND.

+ If the value of the damaged property is less than one million VND, criminal prosecution can still be carried out if it falls into one of the following cases:

Previously punished for administrative violations of acts of destruction or intentional damage to other people's property and still violates.

The offender committed the act when he/she had previously been convicted of property destruction or intentional damage to property but had not had his/her criminal record cleared.

Crime affects security, order and safety in the area.

The property that was destroyed was heritage or antique, because these objects have great material, spiritual or research value, and it is likely that there will not be a second similar replacement.

The property destroyed was the primary means of livelihood for the victim and his family.

– Imprisonment from 02 years to 07 years for the following cases:

+ Criminals commit crimes in an organized manner.

+ The value of damaged assets ranges from 50 million VND to 200 million VND.

+ Damaged and destroyed property is a national treasure.

+ Using tricks or dangerous materials to commit crimes such as flammable and explosive substances (gasoline, oil, bombs, mines, explosives, etc.).

+ Committing a crime to cover up another crime.

+ Crime committed for official reasons by the property owner.

+ Have dangerous recidivism.

– Imprisonment from 05 to 10 years in the following cases: Damage caused by destroyed property is from 200 million VND to less than 500 million VND.

+ Imprisonment from 10 to 20 years in the following cases: Damage caused by destroyed property is from 500 million VND or more.

In addition, the offender may also be subject to additional penalties such as a fine of VND 10 million to VND 100 million, a ban from holding a position, a ban from practicing a profession, or doing a certain job for a period of 01 to 05 years.

Administrative sanctions for acts of vandalism and destruction of other people's property:

In cases where the act of destroying or vandalizing another person’s property does not constitute a criminal offense, the person committing this act may be subject to administrative penalties. The penalty level is stipulated in Article 15, Decree No. 167/2013/ND-CP regulating administrative penalties in the field of security, order, and social safety... specifically as follows:

– Fine from 2 million VND to 5 million VND for acts of destroying property or intentionally damaging other people's property.

– In case of foreign violations, deportation may be applied depending on the severity of the violation.

Civil liability for damage to other people's property:

Article 589 of the 2015 Civil Code stipulates the liability for compensation for damage when property is infringed as follows:

– Compensation for property of the same type as the property that was destroyed or damaged.

– Compensation for legitimate benefits associated with use and exploitation that are lost or reduced when the property is destroyed or damaged.

– Compensation for the costs that the injured party must pay to prevent and remedy the damage, such as the cost of extinguishing a forest fire, and the cost of replanting trees in the burned forest.

– Compensation costs for other actual damages.

For civil liability, people aged 18 and over must be responsible for compensating for damages they cause. In case the damage is caused by a person under 15 years old, their parents must compensate for the entire damage. If the parents' assets are not enough and the person has their own assets, they must use their own assets to compensate for the remaining amount. If the person causing the damage is a person aged 15 to under 18, they must compensate with their own assets. If there is a shortage, their parents must supplement it.

If the person causing damage to another person's property loses civil capacity and is unable to perceive and control his or her actions, his or her representative will use the property of the person under guardianship to compensate. If it is not enough, the guardian's property will be used, unless the guardian can prove that it was not his or her fault.