I have a question that I hope to be answered as follows: In the case where a drug addict rents out, borrows a place from another drug addict, or commits other acts to harbor drug addicts and illegally use drugs will they be criminally handled for harboring the illegal use of narcotics as prescribed in Article 256 of the Penal Code? Sincerely thank!
Article table of contents
Regulations on crime containing illegal use of drugs in the Joint Circular No. 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP?
As guided in Section 7, Part II of Joint Circular No. 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP of the Ministry of Public Security, the Supreme People's Procuracy, the Supreme People's Court and the Ministry of Justice guiding the application of a number of provisions in Chapter XVIII "drug-related crimes of the 1999 Penal Code:
- Harboring the illegal use of drugs is the act of the person whose place is under his/her possession or is managed by another person who is illegally using drugs but still lets such person borrow or rent it to directly use drugs in order to meet his/her needs for the use of drugs.
- With any other act harboring the illegal use of drugs" is the case where the person having the place within his/her possession or under his/her management knows that another person (not his grandfather, grandmother, father, child, grandchild, brother, sister or spouse) is the subject of illegal use of drugs but not letting hiring or borrowing the place but letting him/her use the narcotics for two times or more or letting many people use the drugs illegally.
- When prosecuting the penal liability of the person who stores the illegal use of drugs, it is necessary to distinguish:
+ If a person who lends or leases a place to another person to his/her place but knows that this place is not used by him/her to use the narcotic drug in order to meet his/her need and use this place to illegally put the narcotic drug into the body of another person, he/she shall be examined for his/her criminal liability on the offence of "organizing illegal use of narcotic" prescribed in Article 160;
+ Drug addicts who let other drug addicts to illegally use drugs at places under their ownership, possession or management shall not have to bear penal liability for illegal use of narcotics; for any person who has full elements constituting a crime of illegal use of drugs, such person shall bear penal liability for illegal use of drugs as prescribed in Article 160; 199 of the PC.
As guided in Article 160; Article 3 of the Joint Circular No.08/2015/TTLT-BCA-VKSNDTC-TANDTC-BTP.
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What are the regulations on the crime of harboring illegal drug use in Vietnam?
Illegally using narcotics as prescribed in Criminal Code?
Pursuant to Article 256 of the Criminal Code 2015 stipulating that the offence involves illegal use of narcotics as follows:
"Article 256.- Article 203.- Obstructing railway traffic
1. Anyone who leases or lends a place or any other acts which conceal the illegal use of narcotics shall be sentenced to between two and seven years of imprisonment.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:
a) Abusing positions and/or powers;
b) Committing the crime more than once;
c) For people under 16 years of age;
d) For 02 persons or more;
e/ Dangerous recidivism.
3. Offenders may also be imposed a fine of between VND 50,000,000 and 200,000,000 or subject to confiscation of part or the whole of property."
This provision does not exclude the criminal handling for the drug addicts who have acts of harboring the illegal use of drugs.
Khanh Linh
- Key word:
- illegal drug use in Vietnam
