09/08/2022 15:27

Summary of judgments for illegal transport of narcotic substances in Vietnam

Summary of judgments for illegal transport of narcotic substances in Vietnam

In recent times, there have been many cases of illegal transportation of narcotics in which the perpetrators are ethnic minorities in remote and isolated areas. They often take advantage of the lack of legal knowledge to hire drug transporters.

According to the provisions of Article 250 of the Criminal Code 2015 (amended and supplemented in 2017) on the crime of illegal transport of narcotics substances, anyone who illegally transports narcotic substances for purposes of production, trading, illegally possessing narcotics, shall be sentenced to between 02 years of imprisonment to life imprisonment or death, depending on the case.

Below is a summary of the convictions for the crime of illegal transport of narcotics substances with the accused being an ethnic minority, please refer to:

1. Judgment 31/2021/HSST for illegal transportation of narcotics

- Level of trial: First instance

- Adjudicating Agency: People's Court of Hoa Binh province.

- Quoting the content: "Around 14:15 on January 16, 2021, Duong Cong Duc B was caught in the act of transporting 73.85g of heroin. The defendant claimed that this drug was transported by the defendant to a person named Hung, transported from Son La to Bac Ninh, and was promised to pay VND 4,000,000. However, the defendant did not receive the payment before being arrested. The defendant's confession is consistent with the testimonies at the investigating agency, the seized exhibits of the case, and the witness's testimony. There are enough grounds to conclude that Duong Cong Duc B committed the crime of illegal transportation of drugs and the defendant with extenuating circumstances is an ethnic minority, living in remote areas, whose grandfather is Duong Cong Thuy who is a Vietnamese citizen. For meritorious services to the revolution, he was awarded the 3rd class Resistance Medal by the State for his merits in the resistance war against the US for national salvation and sincerely declared."

2. Judgment 69/2021/HS-ST for illegal transportation of narcotics

- Level of trial: First instance

- Judicial body: People's Court of Nghe An province.

- Quote from the content: "Around 10 p.m. on October 4, 2020, Gia Ba T was at home while a person named H (whose identity is unknown) called to hire T to go to the border marker area L10. (belonging to Keo Bac village, N commune, district S) received drugs from the Laotians and transported them to H, H promised to pay T 10 million dong, T agreed. At about 5:00 p.m. on October 5, 2020, Gia Ba T drove a motorbike carrying a drug package with a total volume of 595.55 grams of Methamphetamine and carried X along to the V hydroelectric area to deliver drugs to H. When about 50m away from the drug delivery location, T told X that he was delivering drugs to H. When he arrived, T took the drug package and delivered it to H, and was caught red-handed.”

3. Judgment 470/2021/HS-PT for illegal transportation of narcotics 

- Judgment level Appellate

- Judicial body:  People's Court of province B.

- Quoting the content: “For the purpose of benefiting from drug trafficking, defendant And Ba P contacted and hired defendant Xong Ba R, defendant Lau Ba V to transport 4,931.73g (four thousand nine hundred thirty-one point seven three grams) Heroine-type drugs from province N to province C1. On May 19, 2020, in the area of ward X4, city B, province B, defendants R and V were caught red-handed by the police investigation agency of province B while transporting drugs. The acts of defendants P, R, V have committed the crime of "Illegal transportation of narcotics" under the provisions of point b, clause 4, Article 250 of the 2015 Criminal Code.”

4. Judgment 06/2021/HSST for illegal transportation of narcotics 

- Level of trial: First instance

- Judicial agency: People's Court of Nam Nhun district, Lai Chau province.

- Quoting the content: “About 12 o'clock on June 9, 2021, Lau A Th was in Pa Mu village when a man Th did not know his name and address asked to hire Th to take the man's drug package through the area. The border guard station area down to National Highway 4H will pay 100,000 VND, Th agreed. Th received the drug package and hid it in the waistband of his pants, then he walked along the ravine trail of Pa Mu village to National Highway 4H and at 13 o'clock on the same day was arrested by the Border Guard Task Force discovered and arrested."

5. Judgment 363/2021/HS-PT for illegal transportation of narcotics

- Judgment level Appellate

- Judicial body: High People's Court in Da Nang.

- Quoted content: “Around 12 o'clock on June 17, 2020, the N district police working group patrolled in the area of ​​commune P and discovered a male object was driving a motorcycle on NT18 road, showing signs of In doubt, the vehicle should be stopped for inspection. While approaching for inspection, the subject opened the saddle, took from the trunk of the car a black plastic bag and threw it on the roadside, about 02 meters from the subject's car. The working group approached, asked the subject to pick up a black plastic bag to check, and discovered that there was a yellow plastic bag inside, a yellow plastic bag outside with the words "GUANYINWANG-888" printed on it, after slit of a yellow plastic bag, it was found that inside contained a white crystalline solid. The subject confessed that he was A L and that the package of crystal substance was a drug dropped by A L, and the working group made a report of the incident and seized the evidence according to regulations.”

Le Huy

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