What is concealment of illegal use of narcotic substances in Vietnam? How many penalty brackets are there for concealment of illegal use of narcotic substances?
- What is concealment of illegal use of narcotic substances in Vietnam?
- How to distinguish the crime of concealment of illegal use of narcotic substances and facilitation of illegal use of narcotic substances in Vietnam?
- How many penalty brackets are there for concealment of illegal use of narcotic substances in Vietnam?
What is concealment of illegal use of narcotic substances in Vietnam?
Pursuant to Article 256 of the 2015 Criminal Code stipulates:
Concealment of illegal use of narcotic substances
1. Any person who leases out, lends premises or otherwise conceals the illegal use of narcotic substances, except for the cases in Article 255 hereof, shall face a penalty of 02 - 07 years' imprisonment.
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Accordingly, the objective side of the crime of Concealment of illegal use of narcotic substances is leasing out, lending premises or otherwise concealing the illegal use of narcotic substances
In particular, based on subsection 7.1, Section II of Joint Circular 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP (guidance of the Criminal Code 1999), concealment of illegal use of narcotic substances is an act of a person whose location is under his/her possession or under his/her management who knows that another person is an illegal user of narcotics, but still lends or rents that place for them to directly use illegal drugs users to satisfy their need for drug use.
In addition, for the regulation on acts of having any other acts harboring the illegal use of narcotics, it is understood that a person whose location is under his/her possession or under his/her management, knows another person (other than a grandfather, grandmother, father, mother, child, grandchild, sibling, wife or husband) is the subject of illegal use of narcotics, although they do not rent or borrow the place, but allow them to use illegal drugs two or more times or allow many people to illegally use drugs.
What is concealment of illegal use of narcotic substances in Vietnam? How many penalty brackets are there for concealment of illegal use of narcotic substances? (Image from the Internet)
How to distinguish the crime of concealment of illegal use of narcotic substances and facilitation of illegal use of narcotic substances in Vietnam?
Pursuant to Clause 1, Article 256 of the 2015 Criminal Code provides:
Concealment of illegal use of narcotic substances
1. Any person who leases out, lends premises or otherwise conceals the illegal use of narcotic substances, except for the cases in Article 255 hereof, shall face a penalty of 02 - 07 years' imprisonment.
Accordingly, referring to Article 255 of the 2015 Criminal Code, it states:
Facilitation of illegal use of narcotic substances
1. Any person who facilitates the use of narcotic substances in any shape of form shall face a penalty of 02 - 07 years' imprisonment.
At the same time, based on subsection 7.3, Section II of Joint Circular 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP
7. Concealment of illegal use of narcotic substances (Article 198)
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7.3. When investigating criminal liability for harborers of illegal use of narcotics, it is necessary to distinguish:
a) The person who has a location lends or rents the place to others knowing that they use the place not to use drugs to satisfy their need for drug use, but to use the place In order to put illegal narcotics 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 Criminal Code.
As analyzed above, "accepting the illegal use of drugs" 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 user. drugs, but still lend or rent that place for them to directly use illegal drugs to satisfy their needs for drug use (subsection 7.1, Section II of Joint Circular 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP)
An "organization that illegally uses narcotics" is one of the following acts (subsection 6.1, Section II of Joint Circular 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP):
- Direct, assign and administer activities of illegally putting narcotic substances into the body of others;
- Command, assign and administer the preparation and supply of narcotics, locations, means and tools used for the illegal use of narcotics, and search for drug users.
Accordingly, although there is an act of renting, lending a place or having any other act that harbors the illegal use of narcotics, there are other factors that satisfy other components of the crime of organizing the use of drugs. illegal drug use (i.e. knowing that they use the location not for them to use drugs to satisfy their need for drug use, but to use the location to deliver illegal drugs into another person's body), this person may be prosecuted with the crime of organizing the illegal use of narcotics but not the crime of harboring the illegal use of drugs.
How many penalty brackets are there for concealment of illegal use of narcotic substances in Vietnam?
Pursuant to Clause 1, Article 256 of the Criminal Code 2015 provides:
Concealment of illegal use of narcotic substances
1. Any person who leases out, lends premises or otherwise conceals the illegal use of narcotic substances, except for the cases in Article 255 hereof, shall face a penalty of 02 - 07 years' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence involves the abuse of the offender's position or power;
b) The offence has been committed more than once;
c) The offence involves a user aged under 16;
d) The offence involves ≥ 02 users;
dd) Dangerous recidivism.
3. The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 or have all or part of his/her property confiscated.
Accordingly, the crime of concealment of illegal use of narcotic substances has the following penalty brackets:
Bracket 1: Any person who leases out, lends premises or otherwise conceals the illegal use of narcotic substances, except for the cases in Article 255 hereof, shall face a penalty of 02 - 07 years' imprisonment
Bracket 2: This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
- The offence involves the abuse of the offender's position or power;
- The offence has been committed more than once;
- The offence involves a user aged under 16;
- The offence involves ≥ 02 users;
- Dangerous recidivism.
In addition, the offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 or have all or part of his/her property confiscated..
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