A person was caught by the police and searched for 5 small tablets of crystal meth on him, can the family undertake bail?
How many years in jail for drug delivery?
Pursuant to Article 250 of the Criminal Code 2015 of Vietnam (amended by Clause 67 Article 1 of the law on amendments to the criminal code 2017 of Vietnam):
“1. Any person who illegally transport narcotic substances for purposes other than production, trading, possession of narcotic substances in any of the following circumstances shall face a penalty of 02 - 07 years' imprisonment:
a) The offender incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for any of the offences specified in Article 248, 249, 251 and 252 hereof ;
b) The offence involves a quantity of from 01 g to under 500 g of poppy resin, cannabis resin, or coca glue;
c) The offence involves a quantity of from 0,1 g to under 05 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;
d) The offence involves from 01 kg to under 10 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
dd) The offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy fruits;
e) The offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy fruits;
g) The offence involves a quantity of from 01 g to under 20 g of other solid narcotic substances;
h) The offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic substances;
i) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point b through h of this Clause.
…”
Thus, those who transport drugs shall face a penalty of at least 02 years' imprisonment.
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What are the bases to quantify narcotics for investigation?
Article 3 Decree 19/2018/ND-CP of Vietnam stipulates rules for determination of total quantity of narcotic substances:
- Total quantity of narcotic substances must be determined in an objective and scientific manner in conformity with the methods and procedures laid down herein.
- Quantifies of narcotic substances as prescribed herein are the actual quantities of narcotic substances collected or proved to get involved in specific offences during the process of investigation, prosecution or trial. The opium containing 10% morphine shall be used as the basis for determination of the quantity of opium contained in dross opium, diluted tincture of opium or opium mixture.
- If the percentage ratio of quantity of each narcotic substance determined under the provisions herein is a decimal number, it shall not be rounded and include one digit after the decimal point.
According to that, to quantify narcotics for investigation work is based on the weight or volume of the narcotic substance, not based on the quantity, the number of tablets or the amount of money it is worth.
A person was caught by the police and searched for 5 small tablets of crystal meth on him, can the family undertake bail?
Pursuant to Article 121 of the Criminal Procedure Code 2015 of Vietnam:
- Surety is a preventive measure in lieu of detention. Investigation authorities, procuracies and Courts shall consider the nature and severity of acts against the society and suspects’ or defendants’ personal records and decide to approve or refuse bail.
- Organizations may bail suspects or defendants, who are their employees. An organization undertaking bail shall present a written promise that bears the signature of its head.
Individuals who are at least 18 years of age, have good records, abide strictly by the laws, gain stable incomes and are capable for overseeing persons on bail can undertake bail for suspects or defendants who are their kin. In this event, bail must be undertaken by at least 02 individuals. An individual undertaking bail must present a written promise endorsed by his workplace or educational facility or local authorities in the commune, ward or town where he resides.
The written promise from organizations or individuals undertaking bail must guarantee to prevent suspects or defendants from violating duties as prescribed in Section 3 of this Article. Organizations and individuals undertaking bail shall be informed of case facts in connection with their undertaking of bail.
- Suspects and defendants on bail must guarantee their execution of these duties in writing:
+ Appear as per a subpoena, unless force majeure or objective obstacles occur;
+ Not to abscond or continue criminal acts;
+ Not to commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.
If suspects and defendants violate duties guaranteed in this Section, they shall be put in detention.
- Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are entitled to make decisions on bail. The decisions made by individuals as defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to the enforcement of such decisions.
- The length of bail time shall not exceed the time of investigation, prosecution or adjudication as per this Law. Bail time for persons sentenced to imprisonment shall not exceed the time from conviction to enforcement of incarceration sentence.
- Organizations and individuals undertaking bail but failing to make suspects or defendants conform to duties guaranteed shall incur fines subject to the nature and severity of violations as per the laws.
Thus, based on the nature and severity of acts against the society and suspects’ or defendants’ personal records, the investigating agency, the Procuracy, or the Court may decide to approve or refuse bail. Individuals who are at least 18 years of age, have good records, abide strictly by the laws, gain stable incomes and are capable for overseeing persons on bail can undertake bail for suspects or defendants who are their kin. In this event, bail must be undertaken by at least 02 individuals. An individual undertaking bail must present a written promise endorsed by his workplace or educational facility or local authorities in the commune, ward or town where he resides.
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