How is the crime of harboring illegal drug use in Vietnam regulated under current law?
Regulations on the crime of harboring the illegal use of narcotics under Joint Circular 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP?
According to the guidance in Section 7 Part II of Joint Circular 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP of the Ministry of Public Security, the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Justice guides applying a number of provisions in Chapter XVIII “Drug-related crimes” of the 1999 Penal Code and Article 3 of Joint Circular 08/2015/TTLT-BCA-VKSNDTC-TANDTC-BTP then:
- Acquiring illegal use of narcotics is the act of a person whose location is under his/her possession or under his/her management knowing that another person is an illegal drug use in Vietnaam, but still lends them or rent that place for them to directly use illegal drugs to satisfy their need for drug use.
- There are any other acts of harboring the illegal use of narcotics in cases where a person who has a place under his/her possession or under his/her management, knows someone else (other than grandpa, grandma, father, etc.) parents, children, grandchildren, siblings, spouses) are illegal users of drugs, although they do not rent or borrow the place, but allow them to use them twice. narcotics or more or allowing many people to illegally use drugs.
- When examining for penal liability to people harboring illegal use of narcotics, it is necessary to distinguish:
+ People who have a place to borrow or rent a place know that they use the place not to use drugs to satisfy their need for drug use, but to use it to putting illegal drugs into another person's body, they must be examined for penal liability for the crime of "organizing the illegal use of narcotics" specified in Article 197 of the Penal Code.
According to the guidance in Article 3 of Joint Circular 08/2015/TTLT-BCA-VKSNDTC-TANDTC-BTP dated November 14, 2015 of the Ministry of Public Security, the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security. Judicial amendments and supplements to a number of points of Joint Circular No. 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP dated December 24, 2007 of the Ministry of Public Security, Supreme People's Procuracy, Court Supreme People's Court, the Ministry of Justice guides the application of a number of provisions in Chapter XVIII “Drug-related crimes” of the 1999 Penal Code, then: The instructions at point dd, Item 3.7, Section 3, Part II shall be annulled. ; point b, Item 7.3, Section 7, Part II; Section 8 Part II of Joint Circular No. 17/2007/TTLT.
So far, there has been no legal document guiding the replacement of this content of the Joint Circular No. 08/2015/TTLT-BCA-VKSNDTC-TANDTC-BTP.
How is the crime of harboring illegal drug use in Vietnam regulated under current law?
The crime of harboring the illegal use of narcotics under the Penal Code?
Pursuant to Article 256 of the 2015 Penal Code, the crime of harboring illegal drug use in Vietnam is as follows:
“Article 256. Crime of harboring the illegal use of narcotics
1. Those who lease, lend a place or commit any other act of harboring the illegal use of narcotics, if not falling into the cases specified in Article 255 of this Code, shall be sentenced to imprisonment from 02 years to 07 years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:
a) Abusing positions and powers;
b) Committing the crime twice or more;
c) Against people under 16 years old;
d) Against 02 or more people;
d) Dangerous recidivism.
3. The offenders may also be subject to a fine of between VND 50,000,000 and VND 200,000,000 or have part or all of their property confiscated.”
This provision does not preclude criminal handling of drug addicts who harbor illegal use of narcotics.
How does the Supreme People's Court respond to the crime of harboring illegal drug use in Vietnam?
Pursuant to subsection 6, Section I of Official Letter 02/TANDTC-PC in 2021, the Supreme People's Court replied as follows: In case a drug addict leases or borrows a place for other drug addicts to use together. if they do not fall into the cases specified in Article 255 of the Penal Code , they shall be handled for the crime of harboring and illegally using narcotics according to the provisions of Article 256 of the Penal Code, if sufficient factors are present. constitute a crime.
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