Mortgaging sensitive clips and images to borrow money and the consequences

Recently, expanding their investigation, the Nam Tu Liem District Police, Hanoi discovered a list of nearly 1,000 people who had to mortgage pornographic photos to borrow money from a black credit organization led by the couple Nguyen Thi Van Anh and Dao Quoc Huy (in Dong Da).

Van Anh and her husband used sensitive images of the "debtor" to threaten and demand money.

One of the “debtors” of Van Anh and her husband is Ms. Nguyen Thi N. (from Nghe An). After being threatened to post sensitive photos and videos on social media and send them to relatives if she did not pay the debt, Ms. N. was forced to become a prostitute.

Nguyen Thi Van Anh and Dao Quoc Huy at the police station

Doctor, lawyer Dao Van Cuong said that "mortgaging property" is one of the measures to ensure the performance of civil obligations.

The subject of mortgage must be property, which can be an object or property right, in which the property must have the attributes of being able to be managed, used, and disposed of.

Photos, clips, images, and personal information belong to personal rights, are personal relationships, not property relationships. The person holding the image or personal information can only use that information or image for legal purposes.

According to lawyers, the act of pledging or mortgaging sensitive images and personal information for loans is not considered a legal measure to ensure the performance of civil obligations, but is only a trick, a method that loan sharks can use to threaten and intimidate the victim's spirit, forcing the victim to pay the debt.

In cases where lenders or debt collectors use sensitive images of borrowers to threaten or intimidate them in order to collect debts, this not only violates the law but also seriously violates social ethics.

This behavior is determined to be a despicable motive. The consequences of releasing nude photos and sensitive clips of young female victims will be very serious, possibly seriously affecting the life, psychology, health, and family happiness of the victims.

This behavior seriously violates personal rights, violates the honor and dignity of the victim and causes many negative consequences and implications for society.

Here, the act of threatening to release sensitive images of the debtor to collect debt can be prosecuted for the crime of Extortion.

According to lawyer Dao Van Cuong, the law strictly prohibits the act of threatening or intimidating the borrower to collect debt. Illegal debt collection can be prosecuted for extortion, robbery or other crimes under the provisions of the 2015 Penal Code.

Doctor, lawyer Dao Van Cuong pointed out that if there is evidence that the prostitute is mentally dependent on the lender and that the prostitution is due to coercion or reluctance, a criminal case can be initiated for the crime of Rape, as prescribed in Article 143.Criminal Code2015.

In case the creditor posts pornographic clips or obscene images of the "debtor" on the Internet, the violator may also be prosecuted for the crime of Disseminating obscene cultural products under Article 326.Criminal CodeIn 2015, the maximum penalty for this crime could be up to 15 years in prison.

Solution to "cool down" black credit

Referring to the solution to "cool down" black credit, Dr. Dao Van Cuong said that the State needs to have a policy to increase consumer loans from banks and credit institutions in a flexible manner, so that people can easily access and meet consumer loan needs in necessary cases.

It is necessary to disseminate legal education, knowledge and skills so that people know and identify black credit organizations and their methods and tricks to have solutions to deal with them and avoid becoming victims of black credit gangs.

In addition, it is also necessary to improve the legal system to regulate more strictly the credit activities of financial companies, promptly detect and strictly handle financial companies and credit institutions that lend at high interest rates. In particular, it is necessary to improve regulations on lending activities on the Internet through electronic aaps.

Furthermore, it is necessary to promptly detect and strictly handle groups of subjects that lend at high interest rates and collect debts in a mafia-style manner.

According to Vietnamnet