Husband stole more than 2.3 billion VND from his wife
On the afternoon of January 31, the Criminal Police Department of Quang Nam Provincial Police received a report from the family of Mrs. NTM (54 years old, in Binh Minh commune, Thang Binh district) about being stolen more than 2.3 billion VND by fraudsters. along with many valuable jewelry stored in the safe in the bedroom.
The evidence of the case was seized by the authorities. Photo: Provided by the police.
After that, the Criminal Police Department coordinated with the Thang Binh District Police and related units to examine the scene.
From the results of the examination and the application of professional measures, the police determined that the suspect who committed the above robbery was Dinh Van Thanh (54 years old, her husband M.) so he invited him to work.
At the investigation agency, after 2 hours of struggle, Mr. Thanh admitted his behavior. Initially, the police determined that Mr. Thanh and Mrs. M. were husband and wife living in the same house but separated for many years. The lost property is the income Mrs. M. got from the business and trading of seafood.
Mr. Thanh and Mrs. M. had conflicts and disputes over money in daily life, so the suspect arose the intention to steal property.
On the morning of January 31, seeing Mrs. M. going to work, Mr. Thanh went to his wife’s bedroom, opened the safe, took all his property and then hid it in the warehouse behind the house. These items were seized by the police.
Grounds for criminal handling
Talking to PV Dan Viet, lawyer Ha Thi Khuyen (Hanoi Bar Association) said that according to initial information, her behavior is very deserving of condemnation.
However, because the husband and wife are not divorced, are separated and live in the same house, the husband’s criminal handling in this case must be very cautious.
It is necessary to clarify where the money comes from, whether it is private or common property to assess the nature and degree of danger of the husband’s behavior, whether the husband’s behavior is secretly taken or taken openly… to clarify the husband’s subjective consciousness and objective behavior as a basis for considering legal liability.
The lawyer analyzed, the Law on Marriage and Family 2014 in Article 33 stipulates: “Common property of husband and wife is under common ownership in consolidation, used to meet the family’s needs and fulfill common obligations. of husband and wife”; “In case there are no grounds to prove that the property in dispute between husband and wife is the separate property of each party, such property is considered as common property.”
The disposition of common property must comply with the provisions of Article 35 of the Law on Marriage and Family 2014.
Specifically, the disposition of common property must be agreed in writing by husband and wife in cases such as real estate; The movable property which must be registered by law for ownership; Assets are the main source of income for the family.”
Compared with the above provisions, the husband’s act of taking property (disposing of property) during the above-mentioned marriage period does not fall into the case specified in Article 35 of the Law on Marriage and Family 2014, so the prosecution criminal liability against the husband may be unfounded.
Therefore, although the act of taking the husband’s property is not in accordance with the regulations, but because the money taken away is the common property of the husband and wife, the current law does not have any specific regulations or sanctions, so no can determine the crime for the behavior of the husband caused.
From another perspective, lawyer Nguyen Van Dong (Hanoi Bar Association) said that, whether it is common property or separate property of husband and wife, the act of stealthily appropriating property when the property is in possession of other people. managed (managed by the wife), this act constitutes the crime of Theft of property as prescribed in Article 173 of the Penal Code 2015.
The husband is fully aware that the money he takes is public property or private property, thereby adjusting his behavior and will decide to perform the act of spreading property in the form of publicity or stealth, here the husband The husband committed the act stealthily.
According to lawyer Dong, whether it is common property or separate property during the marriage, it is currently being managed by the wife. The husband has surreptitiously appropriated and the wife does not know, this behavior satisfies 2 signs of “stealth” and the sign of “property being managed”.
The husband appropriated the property and carried it away, so the crime was completed.