According to Clause 1, Article 170 of the 2015 Penal Code (amended and supplemented in 2017), extortion of property is understood as the act of threatening to use force or other means to mentally intimidate another person in order to appropriate property.
According to Article 15 of Decree 144/2021/ND-CP, a person who commits an act of extortion but is not prosecuted for criminal liability may be fined from VND 3,000,000 to VND 5,000,000. In addition, the person who commits the above violation will also be forced to return the property due to illegal possession.
According to Article 170 of the 2015 Penal Code (amended and supplemented in 2017), anyone who threatens to use force or uses other means to intimidate others in order to appropriate property may be prosecuted with the following penalties:
A wife forcing her husband to give her salary is not considered "extortion of property"
* Frame 1:
Imprisonment from 01 year to 05 years for those who threaten to use force or use other means to mentally intimidate others in order to appropriate property.
* Frame 2:
Imprisonment from 03 years to 10 years for those who threaten to use force or use other means to mentally intimidate others in order to appropriate property in one of the following cases:
- Organized;
- Professional;
- Committing a crime against a person under 16 years old, a woman known to be pregnant, an elderly person or a person unable to defend himself;
- Appropriating property worth from 50,000,000 VND to under 200,000,000 VND;
- Adversely affecting security, order and social safety;
- Dangerous recidivism.
* Frame 3:
Imprisonment from 07 years to 15 years for those who threaten to use force or use other means to mentally intimidate others in order to appropriate property in one of the following cases:
- Appropriation of property worth from 200,000,000 VND to under 500,000,000 VND;
- Taking advantage of natural disasters and epidemics.
* Frame 4:
Imprisonment from 12 to 20 years shall be imposed on a person who threatens to use force or uses other means to mentally intimidate another person in order to appropriate property in one of the following cases:
- Appropriation of property worth VND 500,000,000 or more;
- Taking advantage of war and emergency situations.
Compared with the above law, most cases where the wife forces the husband to give her all his salary are not considered "threatening to use force or using other means to intimidate the spirit" of the "victim".
Furthermore, according to the Law on Marriage and Family, the husband's salary is the income earned during the marriage and is the common property of the couple, not the husband's separate property appropriated by the wife.
Similarly, the law only considers the behavior in the second situation as domestic violence, subject to administrative penalties according to regulations, but rarely considers it a crime as in normal cases.
BAO HUNG
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