What is the maximum imprisonment sentence for the crime of illegal storage of explosive materials in Vietnam? What are judgments related to this offense?
1. What is the maximum imprisonment sentence for the crime of illegal storage of explosive materials in Vietnam?
According to Article 305 of the Criminal Code 2015 (Amended 2017), the crime of manufacturing, storing, transporting, using, illegally trading, or appropriating explosives is subject to the following criminal liabilities:
- Imprisonment from 01 year to 05 years for acts involving manufacturing, storing, transporting, using, illegally trading, or appropriating explosives.
- Imprisonment from 03 years to 10 years for circumstances involving:
+ Organized crime;
+ Explosives from 10 kilograms to less than 30 kilograms;
+ A large quantity of explosive accessories;
+ Cross-border transportation, trading;
+ Causing death;
+ Causing bodily harm or harm to another person’s health with a body injury rate of 61% or more;
+ Causing bodily harm or harm to the health of 02 or more persons with a total body injury rate of these individuals ranging from 61% to 121%;
+ Causing property damage from 100,000,000 VND to less than 500,000,000 VND;
+ Dangerous recidivism.
- Imprisonment from 07 years to 15 years for acts involving the following circumstances:
+ Explosives from 30 kilograms to less than 100 kilograms;
+ A very large quantity of explosive accessories;
+ Causing death to 02 people;
+ Causing bodily harm or harm to the health of 02 or more persons with a total body injury rate of these individuals ranging from 122% to 200%;
+ Causing property damage from 500,000,000 VND to less than 1,500,000,000 VND.
- Imprisonment from 15 years to 20 years or life imprisonment for acts involving the following circumstances:
+ Explosives 100 kilograms or more;
+ An especially large quantity of explosive accessories;
+ Causing death to 03 or more persons;
+ Causing bodily harm or harm to the health of 03 or more persons with a total body injury rate of these individuals of 201% or more;
+ Causing property damage of 1,500,000,000 VND or more.
In addition, offenders may also face fines ranging from 10,000,000 VND to 50,000,000 VND, probation, or prohibition from residence from 01 year to 05 years.
Thus, anyone found illegally storing explosives may face criminal liability for the crime of possession of explosives, with imprisonment ranging from 1 year to life and may face additional penalties if the elements constituting this offense are met.
2. What are judgments related to illegal storage of explosive materials in Vietnam?
Below are some judgments on the offense of illegal storage of explosives:
|
No. |
Name of Judgment |
Date of issue |
Court |
|
1 |
Judgment No. 11/2024/HS-ST on the crime of illegal storage and trading of explosives |
21/03/2024 |
People's Court of Dak Nong Province |
|
2 |
Judgment No. 41/2023/HS-ST on the crime of illegal storage and trading of explosives |
28/12/2023 |
People's Court of Son La Province |
|
3 |
Judgment No. 37/2023/HS-ST on the crime of illegal storage of explosives |
22/12/2023 |
People's Court of Son La Province |
|
4 |
Judgment No. 162/2023/HS-PT on the crime of illegal storage of explosives |
12/12/2023 |
People's Court of Hai Duong Province |
|
5 |
Judgment No. 907/2023/HS-PT von the crime of illegal storage and use of explosives |
11/12/2023 |
High People's Court in Hanoi |
|
6 |
Judgment No. 72/2023/HS-ST on the crime of illegal storage of explosives |
28/09/2023 |
Tòa án People's Court of Luc Nam District, Bac Giang Provinced |
|
7 |
Judgment No. 15/2023/HS-ST on the crime of illegal storage of explosives |
27/09/2023 |
People's Court of T District, Q Province |
|
8 |
Judgment No. 77/2023/HS-ST on the crime of illegal storage and transport of explosives |
24/09/2023 |
People's Court of Ha Tinh Province |
|
9 |
Judgment No. 40/2023/HS-ST on the crime of illegal storage and trade of explosives |
22/09/2023 |
People's Court of Bac Kan Province |
|
10 |
Judgment No. 17/2023/HS-ST on the crime of illegal storage of explosives |
24/08/2023 |
People's Court of C District, Y Province |
|
11 |
Judgment No. 37/2023/HS-ST on the crime of illegal storage of explosives |
24/08/2023 |
People's Court of Quang Trach district, Quang Binh province |
|
12 |
Judgment No. 121/2023/HS-ST on the crime of illegal storage and trading of explosives |
04/08/2023 |
People's Court of Son La Province |
|
13 |
Judgment No. 575/2023/HS-PT on the crime of manufacturing, illegal storage, and use of explosives |
21/07/2023 |
People's Court of Thanh Hoa Province |
|
14 |
Judgment No. 30/2022/HS-ST on the crime of illegal storage and trading of explosives |
22/08/2022 |
People's Court of Bac Kan Province |
|
15 |
Judgment No. 23/2022/HS-ST on the crime of illegal storage of explosives |
15/08/2022 |
People's Court of Vi X District, Ha G Province |
|
16 |
Judgment No. 41/2022/HS-ST on the crime of illegal storage of explosives |
12/08/2022 |
People's Court of Ha Giang Province |
|
17 |
Judgment No. 40/2022/HS-ST on the crime of illegal storage of explosives |
08/08/2022 |
People's Court of Tuyen Hoa District, Quang Binh Province |
|
18 |
Judgment No. 25/2022/HS-ST on the crime of illegal storage of explosives |
21/07/2022 |
People's Court of Vo Nhai District, Thai Nguyen Province |
|
19 |
Judgment No. 49/2022/HS-ST on the crime of illegal storage of explosives |
21/07/2022 |
People's Court of Quy Hop District, Nghe An Province |
|
20 |
Judgment No. 28/2022/HS-ST on the crime of illegal storage of explosives |
19/07/2022 |
People's Court of Kim Boi District, Hoa Binh Province |
|
21 |
Judgment No. 106/2022/HS-ST on the crime of illegal storage of explosives |
15/07/2022 |
People's Court of Son La Province |
|
22 |
Judgment No. 25/2022/HS-ST on the crime of manufacturing, illegal storage of explosives |
22/06/2022 |
People's Court of Ha Tinh Province |
|
23 |
Judgment No. 05/2022/HS-ST on the crime of illegal storage of explosives |
15/06/2022 |
People's Court of Khanh Vinh District, Khanh Hoa Province |
|
24 |
Judgment No. 65/2022/HS-ST on the crime of manufacturing, illegal storage of explosives |
30/05/2022 |
People's Court of Y District, Nghe An Province |
|
25 |
Judgment No. 14/2022/HS-ST on the crime of illegal storage of explosives |
26/05/2022 |
People's Court of district-level town Cua Lo, Nghe An Province |
|
26 |
Judgment No. 13/2022/HS-ST on the crime of illegal storage and trading explosives |
06/05/2022 |
People's Court of Lac Son District, Hoa Binh Province |
|
27 |
Judgment No. 45/2022/HS-ST on the crime of illegal storage and trading of explosives |
25/04/2022 |
People's Court of P City, N Province |
|
28 |
Judgment No. 24/2023/HS-ST on the crime of illegal manufacture, storage and trading of explosives |
25/05/2023 |
People's Court of Lao Cai Province |
|
29 |
Judgment No. 09/2023/HS-PT on the crime of illegal storage and trading of explosives |
09/01/2023 |
High People's Court in Hanoi |
|
30 |
Judgment No. 34/2023/HS-ST on the crime of illegal storage and trading of explosives |
09/01/2023 |
People's Court of Son La Province |
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