How Many Packs of Smuggled Cigarettes Are Subject to Criminal Prosecution?
Point a Clause 40 Article 1 of the Law amending the Criminal Code 2017 amends and supplements Clauses 1 and 2 of Article 190 of the Criminal Code 2015 on the Crime of Producing and Trafficking Prohibited Goods, accordingly:
- Anyone who carries out one of the following acts, if not falling under the provisions of Articles 232, 234, 244, 246, 248, 251, 253, 254, 304, 305, 306, 309, and 311 of this Code, shall be fined from VND 100,000,000 to VND 1,000,000,000 or imprisoned from 1 year to 5 years:
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b) Trafficking smuggled cigarettes from 1,500 packs to under 3,000 packs;
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- Committing the crime in one of the following cases, shall be fined from VND 1,000,000,000 to VND 3,000,000,000 or imprisoned from 5 years to 10 years:
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e) Smuggled cigarettes from 3,000 packs to under 4,500 packs;
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Thus, criminal liability can only be pursued when there is an act of trafficking smuggled cigarettes from 1,500 packs. If the quantity is over 1,000 packs but less than 1,500 packs, there will certainly be no criminal liability.
Additionally, it should be noted that Point b Clause 8 Article 8 of Decree 98/2020/ND-CP also regulates:
A fine ranging from VND 90,000,000 to VND 100,000,000 for the following violations in cases not subject to criminal prosecution:
Trafficking smuggled cigarettes with a quantity of 1,500 packs or more.
Thus, in the case of trafficking smuggled cigarettes with a quantity of 1,500 packs or more without being subject to criminal prosecution, an administrative penalty with the above-mentioned fine will be applied (This penalty applies to individual violators).
Respectfully!
