Collection of Judgments on Illegal Drug Trafficking Crimes Adjudicated by the Court in Dong Nai Province

How is the crime of illegal drug trafficking handled criminally?

According to Article 251 of the Criminal Code of Vietnam 2015 (amended and supplemented in 2017), in Vietnam, the offender of illegal drug trafficking will be handled under the following penalty frames:

* Frame 1:

Imprisonment from 02 years to 07 years for those who engage in illegal drug trafficking.

* Frame 2:

Imprisonment from 07 years to 15 years for those who engage in illegal drug trafficking in one of the following cases:

- Organized crime;

- Offending 02 times or more;

- Against 02 or more people;

- Abusing their position of authority;

- Abusing the name of an agency or organization;

- Using persons under 16 years old to commit the offense or selling drugs to persons under 16 years old;

- Across borders;

- Opium resin, cannabis resin, or coca extract weighing from 500 grams to less than 01 kilogram;

- Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR-11 weighing from 05 grams to less than 30 grams;

- Coca leaves; khat leaves (Catha edulis); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or parts of other plants containing narcotic substances as prescribed by the Government of Vietnam weighing from 10 kilograms to less than 25 kilograms;

- Dried opium poppy weighing from 50 kilograms to less than 200 kilograms;

- Fresh opium poppy weighing from 10 kilograms to less than 50 kilograms;

- Other solid narcotics weighing from 20 grams to less than 100 grams;

- Other liquid narcotics with a volume from 100 milliliters to less than 250 milliliters;

- Having 02 or more narcotics with a total weight or volume equivalent to the weight or volume of narcotic substances prescribed in one of the points from point h to point o, clause 2 of Article 251 of the Criminal Code of Vietnam 2015 (amended and supplemented in 2017);

- Dangerous recidivism.

* Frame 3:

Imprisonment from 15 years to 20 years for those who engage in illegal drug trafficking in one of the following cases:

- Opium resin, cannabis resin, or coca extract weighing from 01 kilogram to less than 05 kilograms;

- Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR-11 weighing from 30 grams to less than 100 grams;

- Coca leaves; khat leaves (Catha edulis); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or parts of other plants containing narcotic substances as prescribed by the Government of Vietnam weighing from 25 kilograms to less than 75 kilograms;

- Dried opium poppy weighing from 200 kilograms to less than 600 kilograms;

- Fresh opium poppy weighing from 50 kilograms to less than 150 kilograms;

- Other solid narcotics weighing from 100 grams to less than 300 grams;

- Other liquid narcotics with a volume from 250 milliliters to less than 750 milliliters;

- Having 02 or more narcotics with a total weight or volume equivalent to the weight or volume of narcotic substances prescribed in one of the points from point a to point g, clause 3 of Article 251 of the Criminal Code 2015 (amended and supplemented in 2017).

* Frame 4:

Imprisonment for 20 years, life imprisonment, or death penalty for those who engage in illegal drug trafficking in one of the following cases:

- Opium resin, cannabis resin, or coca extract weighing 05 kilograms or more;

- Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR-11 weighing 100 grams or more;

- Coca leaves; khat leaves (Catha edulis); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or parts of other plants containing narcotic substances as prescribed by the Government of Vietnam weighing 75 kilograms or more;

- Dried opium poppy weighing 600 kilograms or more;

- Fresh opium poppy weighing 150 kilograms or more;

- Other solid narcotics weighing 300 grams or more;

- Other liquid narcotics with a volume of 750 milliliters or more;

- Having 02 or more narcotics with a total weight or volume equivalent to the weight or volume of narcotic substances prescribed in one of the points from point a to point g, clause 4 of Article 251 of the Criminal Code 2015 (amended and supplemented in 2017).

Additionally, those who commit the crime of illegal drug trafficking may also be fined from 5,000,000 VND to 500,000,000 VND, prohibited from holding certain positions, prohibited from practicing certain professions or jobs from 01 year to 05 years, or have part or all of their property confiscated.

Collection of Judgments on the Crime of Illegal Drug Trafficking Tried by the Court in Dong Nai Province

Below are some judgments on the crime of illegal drug trafficking tried by the Court in Dong Nai Province:

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