Daughter staged her arrest to blackmail her biological father for 5 billion, the ending was bitter

On October 18, the Criminal Police Department, Dong Thap Provincial Police, announced that the unit had issued a decision to prosecute the case, prosecute the accused and temporarily detain 3 suspects for the acts of extortion of property and staging fake arrests to blackmail relatives.

The subjects prosecuted and detained include: Ngo Thi Bich Tram (born: 1991, residing in Cao Lanh City, Dong Thap); Tran Minh Trung (born: 1997, residing in Nga Bay City, Hau Giang); Nguyen Van Nha (born: 1992, residing in Ca Mau City, Ca Mau).

According to the initial investigation, the above defendants had previously staged the incident of Tram owing debt and being arrested, and physically abused her to demand money. After that, the subjects used images to mentally threaten Mr. NVH (Tram's biological father, residing in Cao Lanh City), demanding that Mr. H. pay 5 billion VND of the amount Tram owed.

Through verification, Tram did not actually owe money to the above subjects. The incident was staged by Tram, Trung and Nha themselves, in order to appropriate Mr. H's money.

Previously, with similar tricks, the subjects also appropriated 495 million VND from Mr. H. and then divided it up to spend.

Recently, there have been many cases of staged arrests to extort money from relatives and families. This violation has to pay the price from administrative fines to criminal liability.

According to lawyer Pham Hong Kien (Director of Can Can Viet Law Firm, Hanoi Bar Association), staging an arrest scene can be subject to administrative penalties or criminal prosecution if the purpose is to appropriate property.

First of all, Article 169 of the 2015 Penal Code clearly states: "Anyone who holds another person hostage in order to appropriate property shall be subject to imprisonment from 2 to 7 years."

The crime of arrest for the purpose of appropriating property is the act of arresting or detaining another person by a person with criminal capacity and of age of criminal responsibility, intentionally carrying out the act of forcing the person who wants to ransom to pay money or property in order to release the arrested or detained person.

The act of "arrest" must show the act of taking the "arrested person" and hiding him somewhere without wanting others to know, especially the relatives and family of the arrested person.

Thus, it can be understood that the person being arrested must be subjected to force or other means that cause the person to be controlled, unable to escape and completely under the control of the offender. At the same time, this arrest must be completely against the will and reason of the person being arrested.

In the case of a fake arrest to get ransom from parents, there will be no act of control over the person being arrested. Therefore, this act has signs of the crime of extortion of property as prescribed in Article 170 of the Penal Code 2015, amended and supplemented in 2017.

Accordingly, anyone who threatens to use force or other means to intimidate another person in order to appropriate property is threatening to cause damage to their health or life in the future if the offender's request to appropriate property is not satisfied.

In addition, with behavior like the case of Nguyen Van Dong (in Thai Binh), it can be considered for the crime of "fraudulent appropriation of property" under Article 174 of the 2015 Penal Code.

Accordingly, the offender will use deceitful means to provide false information that his daughter was arrested, to create trust, the subject will provide text messages and photos of his daughter being tied up, making others believe that it is real and hand over the property. Providing false information can be done in many different ways such as by words, writing, actions and many other forms such as pretending to borrow, rent to appropriate property.

Depending on the nature and severity, the maximum sentence for the above crime is imprisonment from 12 to 20 years or life imprisonment.

Vụ Trương Mỹ Lan: Bị so sánh với Tăng Minh Phụng - EPCO, trùng hợp bất ngờ Keng21:51:37 20/11/2024Vừa qua, TAND Cấp cao tại TPHCM tiếp tục xét xử phúc thẩm vụ sai phạm xảy ra tại Vạn Thịnh Phát giai đoạn 1. HĐXX dành thời gian để các luật sư bào chữa cho những bị cáo từng là lãnh đạo chủ chốt tại SCB.