Recently, the authorities in Binh Duong province have caught a woman in the act of processing and recycling hundreds of thousands of used condoms without packaging or labeling. This behavior may be subject to criminal prosecution if it meets the constitutive elements of a crime.
Article table of contents
Recycling hundreds of thousands of used condoms: Possible criminal prosecution (Illustrative image)
1. Fraud Appropriation of Property
Clause 1, Article 174 of the Criminal Code 2015 stipulates:
- Any person who, by fraudulent means, appropriates the property of another valued between VND 2,000,000 and under VND 50,000,000, or under VND 2,000,000 but falls under one of the following cases, shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:
- Has been administratively penalized for appropriating property but continues to violate;
- Has been convicted of this crime or any of the crimes stipulated in Articles 168, 169, 170, 171, 172, 173, 175, and 290 of this Code, with no remission of conviction, and continues to violate;
- Causes adverse impacts on security, order, and social safety;
- The property is the main livelihood means of the victim and their family.
According to the testimony of this woman, she received used condoms from an unknown individual once a month to wash, dry, sort, and use fake penises to reshape and make them look new.
It can be seen that by these deceitful means, this woman deceived customers into thinking these condoms were new and unused. This constitutes a fraudulent act as defined by criminal law. Her actions adversely affect public order and safety and may cause the spread of diseases across the community. If she gained a profit of over VND 2,000,000, these actions amount to "Fraud Appropriation of Property."
2. Crime of Spreading Dangerous Infectious Diseases to Humans
Additionally, the woman testified that the processed goods were distributed. This implies that some of these recycled condoms have reached the market. Users of these recycled condoms are at risk of contracting sexually transmitted diseases (STDs), as it is impossible to know if the previous users were infected with STDs. Hence, using these condoms increases the risk of spreading STDs such as HIV, syphilis, gonorrhea, or other infectious diseases. Furthermore, the chemical-soaked or altered rubber elements of these recycled condoms may increase the risk of genital cancers due to the release of harmful chemicals.
Clause 1, Article 240 of the Criminal Code 2015 stipulates:
- Any person who performs one of the following acts, causing the spread of dangerous infectious diseases to humans, shall be fined from VND 50,000,000 to 200,000,000 or imprisoned for 1 to 5 years:
- Bringing or permitting the bringing of infected animals, plants, or related substances out of disease-stricken areas into places subject to quarantine unless otherwise provided by law;
- Bringing or permitting the bringing of infected animals, plants, or related substances into Vietnam's territory;
- Other acts causing the spread of dangerous infectious diseases to humans.
According to clause b, section 1 of Article 3 of the Law on Prevention and Control of Infectious Diseases 2007, group B infectious diseases include HIV/AIDS, and group C includes syphilis and gonorrhea. These are sexually transmitted diseases. Therefore, if there are consequences such as someone contracting HIV or gonorrhea from using these recycled condoms, the woman's actions could be considered "Other acts causing the spreading of dangerous infectious diseases to humans." The offender could be fined from VND 50,000,000 to 200,000,000 or imprisoned for 1 to 5 years. Additionally, the offender could be fined from VND 20,000,000 to 100,000,000 and prohibited from holding certain positions or practicing certain professions for 1 to 5 years.
However, a current legal loophole is that the Supreme People's Court has not issued a specific guideline defining "Other acts causing the spread of dangerous infectious diseases to humans." Whether recycling used condoms can be considered an indirect act of spreading sexually transmitted diseases remains legally ambiguous. Therefore, this presents a legal challenge in prosecuting individuals involved in recycling used condoms under this crime.
Legal Basis:
- Law on Prevention and Control of Infectious Diseases 2007
Nguyen Phu
