When “Ghost Festival Grabbing” Turns Into a Crime: Legal Lessons from the HCMC Case

Investigators said that on September 6, after a shop on Âu Cơ Street displayed offerings on a stainless-steel table for the Ghost Festival, the group rode up, violently pulled the entire table away, scattering offerings across the street, and fled. Although the 200,000 VND in cash was recovered and the victim did not request prosecution, police pursued the case because the conduct showed signs of a serious crime.

Earlier that day, the same group had conspired to search for and seize multiple offering tables, even joining another group of young men who were also snatching offerings on Lê Đại Hành Street.

Distinguishing Custom from Criminal Offense

Lawyer Đỗ Khắc Tất Hưng (HCMC Bar Association) explained: the folk practice of “grabbing offerings” traditionally applies only to sweets, fruits, or small change placed out with the owner’s consent. Once the owner voluntarily gives up ownership, taking those items is not a crime.

However, objects such as tables, trays, chairs, or other valuable items used to hold offerings are not intended to be abandoned. Taking them amounts to an infringement of property rights and can constitute the crime of snatching property under Article 171 of the Penal Code.

In this case, the group’s conduct meets all elements of the offense: public snatching, deliberate intent, organized behavior, disruption of public order, and unlawful appropriation. Importantly, this offense does not require a victim’s complaint for criminal prosecution to proceed.

Risk of “Offense Transformation”

Lawyer Nguyễn Đình Thế warned that the boundary between snatching property (Article 171) and robbery (Article 168) is thin. If offenders use violence not just to flee but to secure or retake the property, the conduct may transform into robbery—a crime with much harsher penalties.

Examples include:

• Using violence when confronted by the owner in order to seize the property.

• Attacking to keep or retake the property after it has been grabbed.

In such cases, violence becomes the main method of appropriation, not speed or surprise. This escalates the crime from snatching to robbery, directly threatening life and health in addition to property rights.

Lessons for the Public

Many people assume that grabbing low-value offerings like candy or coins is harmless. Legally, the value only affects sentencing but is not a condition for criminal liability. Even seizing a single piece of candy can qualify as a crime if the act fits the offense definition.

Legal experts recommend keeping Ghost Festival offerings symbolic, avoiding valuable items, and monitoring the ritual with caretakers or cameras. Otherwise, what begins as a cultural practice can mutate into criminal conduct, potentially involving other offenses such as disturbing public order (Article 318 Penal Code).

The HCMC case serves as a warning: what appears to be a harmless folk tradition can quickly turn into a serious criminal matter, with young offenders facing severe punishment if they cross the legal line.