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| THE GOVERNMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
| No.: 19/2018/ND-CP | Hanoi, February 02, 2018 |
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Criminal Code dated November 27, 2015 and the Law on amendments to the Criminal Code dated June 20, 2017;
Pursuant to the Resolution No. 41/2017/QH14 dated June 20, 2017 by the National Assembly on implementation of the Criminal Code No. 100/2015/QH13 as amended by the Law No. 12/2017/QH14 and entry into force of the Criminal Procedure Code No. 101/2015/QH13, the Law on Organization of Criminal Investigation Bodies No. 99/2015/QH13, and the Law on temporary detention or custody No. 94/2015/QH13;
At the request of Minister of Public Security;
The Government promulgates a Decree providing for determination of total quantity of narcotic substances prescribed in the Criminal Code in 2015.
This Decree deals with the determination of total quantity of narcotic substances prescribed in Point k Clause 2, Point e Clause 3, Point dd Clause 4 Article 248; Point i Clause 1, Point n Clause 2, Point h Clause 3, Point h Clause 4 Article 249; Point i Clause 1, Point o Clause 2, Point h Clause 3, Point h Clause 4 Article 250; Point p Clause 2, Point h Clause 3, Point h Clause 4 Article 251 and Point i Clause 1, Point n Clause 2, Point h Clause 3, Point h Clause 4 Article 252 of the Criminal Code No. 100/2015/QH13 dated November 27, 2015 as amended by the Law No. 12/2017/QH14 dated June 20, 2017 (hereinafter referred to as the “Criminal Code 2015”).
This Decree applies to authorities, proceeding officers and other authorities, organizations and individuals involved in determination of total quantity of narcotic substances.
Article 3. Rules for determination of total quantity of narcotic substances
1. Total quantity of narcotic substances must be determined in an objective and scientific manner in conformity with the methods and procedures laid down herein.
2. Quantifies of narcotic substances as prescribed herein are the actual quantities of narcotic substances collected or proved to get involved in specific offences during the process of investigation, prosecution or trial. The opium containing 10% morphine shall be used as the basis for determination of the quantity of opium contained in dross opium, diluted tincture of opium or opium mixture.
3. If the percentage ratio of quantity of each narcotic substance determined under the provisions herein is a decimal number, it shall not be rounded and include one digit after the decimal point.
If the offence involves different narcotic substances which are prescribed in a specific point of Clause 2, Clause 3 or Clause 4 Article 248; or in a specific point of Clause 1, Clause 2, Clause 3 or Clause 4 Article 249; or in a specific point of Clause 1, Clause 2, Clause 3 or Clause 4 Article 250; or in a specific point of Clause 2, Clause 3 or Clause 4 Article 251; or in a specific point of Clause 1, Clause 2, Clause 3 or Clause 4 Article 252 of the Criminal Code 2015, amounts of these narcotic substances shall be added together to reach the total quantity which shall be used as the basis for determining the relative clause applicable to this offence case.
1. If the quantities of narcotic substances are all smaller than corresponding minimum amounts prescribed in Clause 1 Article 249 or Clause 1 Article 250 or Clause 1 Article 252 of the Criminal Code 2015, total quantity of narcotic substances in this case shall be determined as follows:
a) Firstly, the percentage ratio of the quantity of each narcotic substance to the corresponding minimum amount prescribed in Clause 1 Article 249 or Clause 1 Article 250 or Clause 1 Article 252 of the Criminal Code 2015, shall be calculated. Then, the quantity percent of these narcotic substances shall be added together to reach the total quantity percent of narcotic substances in this case.
b) Based on total quantity percent of narcotic substances calculated in Point a of this Clause, the relative clause of either Article 249, Article 250 or Article 252 of the Criminal Code 2015 shall be determined as the basis for solving the case according to the following rules:
If the total quantity percent of narcotic substances is smaller than 100%, total quantity of these narcotic substances is considered to be smaller than the minimum amount as prescribed in Clause 1 Article 249, or Clause 1 Article 250, or Clause 1 Article 252 of the Criminal Code 2015.
If the total quantity percent of narcotic substances is 100% and above, the percentage ratio of quantity of each narcotic substance to the corresponding minimum amount prescribed in Clause 2 Article 249 or Article 250 or Article 252 of the Criminal Code 2015 shall be calculated according to the provisions in Points a, b Clause 2 of this Article.
2. If the quantities of narcotic substances are all smaller than corresponding minimum amounts prescribed in Clause 2 Article 249 or Article 250 or Article 252 of the Criminal Code 2015 and there is at least the one narcotic substance whose quantity is subject to the provision of Clause 1 of the same article; or if the quantities of narcotic substances are all smaller than corresponding minimum amounts prescribed in Clause 2 Article 248 or Clause 2 Article 251 of the Criminal Code 2015, total quantity of narcotic substances in this case shall be determined as follows:
a) Firstly, the percentage ratio of the quantity of each narcotic substance to the corresponding minimum amount prescribed in Clause 2 of one of Articles 248, 249, 250, 251 and 252 of the Criminal Code 2015, shall be calculated. Then, the quantity percent of these narcotic substances shall be added together to reach the total quantity percent of narcotic substances in this case.
b) Based on total quantity percent of narcotic substances calculated in Point a of this Clause, the relative clause of either Article 248, Article 249, Article 250, Article 251 or Article 252 of the Criminal Code 2015 shall be determined as the basis for solving the case according to the following rules:
If the total quantity percent of narcotic substances in this case is smaller than 100%, total quantity of these narcotic substances shall be subject to provision of Clause 1 Article 248, or Point i Clause 1 Article 249, or Point i Clause 1 Article 250, or Clause 1 Article 251, or Point i Clause 1 Article 252 of the Criminal Code 2015.
If the total quantity percent of narcotic substances in this case is 100% and above, the percentage ratio of quantity of each narcotic substance to the corresponding minimum amount prescribed in Clause 3 of one of Articles 248, 249, 250, 251 and 252 of the Criminal Code 2015 shall be calculated according to the provisions in Points a, b Clause 3 of this Article.
3. If the quantities of narcotic substances are all smaller than corresponding minimum amounts prescribed in Clause 3 of one of Articles 248, 249, 250, 251 and 252 of the Criminal Code 2015, and there is at least the one narcotic substance whose quantity is subject to the provision of Clause 2 of the same article, total quantity of narcotic substances in this case shall be determined as follows:
a) Firstly, the percentage ratio of the quantity of each narcotic substance to the corresponding minimum amount prescribed in Clause 3 of one of Articles 248, 249, 250, 251 and 252 of the Criminal Code 2015, shall be calculated. Then, the quantity percent of these narcotic substances shall be added together to reach the total quantity percent of narcotic substances in this case.
b) Based on total quantity percent of narcotic substances calculated in Point a of this Clause, the relative clause of either Article 248, Article 249, Article 250, Article 251 or Article 252 of the Criminal Code 2015 shall be determined as the basis for solving the case according to the following rules:
If the total quantity percent of narcotic substances in this case is smaller than 100%, total quantity of these narcotic substances shall be subject to provision of Point k Clause 2 Article 248, or Point n Clause 2 Article 249, or Point o Clause 2 Article 250, or Point p Clause 2 Article 251, or Point n Clause 2 Article 252 of the Criminal Code 2015.
If the total quantity percent of narcotic substances in this case is 100% and above, the percentage ratio of quantity of each narcotic substance to the corresponding minimum amount prescribed in Clause 4 of one of Articles 248, 249, 250, 251 or 252 of the Criminal Code 2015 shall be calculated according to the provisions in Points a, b Clause 4 of this Article.
4. If the quantities of narcotic substances are all smaller than corresponding minimum amounts prescribed in Clause 4 of one of Articles 248, 249, 250, 251 and 252 of the Criminal Code 2015, and there is at least the one narcotic substance whose quantity is subject to the provision of Clause 3 of the same article, total quantity of narcotic substances in this case shall be determined as follows:
a) Firstly, the percentage ratio of the quantity of each narcotic substance to the corresponding minimum amount prescribed in Clause 4 of one of Articles 248, 249, 250, 251 and 252 of the Criminal Code 2015 shall be calculated. Then, the quantity percent of these narcotic substances shall be added together to reach the total quantity percent of narcotic substances in this case.
b) Based on total quantity percent of narcotic substances calculated in Point a of this Clause, the relative clause of either Article 248, Article 249, Article 250, Article 251 or Article 252 of the Criminal Code 2015 shall be determined as the basis for solving the case according to the following rules:
If the total quantity percent of narcotic substances in this case is smaller than 100%, total quantity of these narcotic substances shall be subject to provision of Point e Clause 3 Article 248, or Point h Clause 3 Article 249, or Point h Clause 3 Article 250, or Point h Clause 3 Article 251, or Point h Clause 3 Article 252 of the Criminal Code 2015.
If the total quantity percent of narcotic substances in this case is 100% and above, total quantity of these narcotic substances shall be subject to provision of Point dd Clause 4 Article 248, or Point h Clause 4 Article 249, or Point h Clause 4 Article 250, or Point h Clause 4 Article 251, or Point h Clause 4 Article 252 of the Criminal Code 2015.
5. If the quantity of one of narcotic substances in this case is subject to the provision of Clause 4 of one of Articles 248, 249, 250, 251 and 252 of the Criminal Code 2015, total quantity of these narcotic substances shall be subject to provision of Point dd Clause 4 Article 248, or Point h Clause 4 Article 249, or Point h Clause 4 Article 250, or Point h Clause 4 Article 251, or Point h Clause 4 Article 252 of the Criminal Code 2015.
The Appendix on determination of total quantity of narcotic substances in specific cases is enclosed herewith.
This Decree comes into force as from the date on which it is signed.
Article 8. Responsibility for implementation
1. Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of People’s Committees of provinces and central-affiliated cities and heads of relevant agencies, organizations and individuals shall be implement this Decree.
2. The Ministry of Public Security shall take charge and cooperate with the People’s Supreme Court and the People’s Supreme Procuracy to instruct, expedite and inspect the implementation of this Decree./.
|
| ON BEHALF OF THE GOVERNMENT |
DETERMINATION OF TOTAL QUANTITY OF NARCOTIC SUBSTANCES IN SPECIFIC CASES
(Enclosed with the Government’s Decree No. 19/2018/ND-CP dated February 02, 2018)
E.g.: There is a person illegally dealing in 03 grams of heroin, 03 grams of cocaine, 03 grams of methamphetamine, 20 grams of amphetamine and 20 grams of MDMA. Total quantity of narcotic substances in this case shall be determined as follows:
Pursuant to Article 251 of the Criminal Code 2015 (Illegal deal in narcotic substances), all narcotic substances in this case, including heroin, cocaine, methamphetamine, amphetamine and MDMA, are prescribed in the one point of a clause of Article 251 of the Criminal Code 2015 (including: Point i Clause 2; Point b Clause 3; Point b Clause 4), total quantity of these narcotic substances shall be determined under the provision of Article 4 herein. To be specific:
- Total quantity of these 05 narcotic substances = 03 grams + 03 grams + 03 grams + 20 grams + 20 grams = 49 grams.
- By reference to the provision of Point i Clause 2, or Point b Clause 3, or Point b Clause 4 Article 251 of the Criminal Code 2015, total quantity of 05 narcotic substances in this case is equivalent to the quantity of heroin, cocaine, methamphetamine, amphetamine and MDMA prescribed in Point b Clause 3 Article 251 of the Criminal Code 2015.
- Determination of applicable point, clause and article of the law: It is found that the total quantity of 05 narcotic substances in this case, including heroin, cocaine, methamphetamine, amphetamine and MDMA, is subject to the provision of Point h Clause 3 Article 251 of the Criminal Code 2015: “h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause”.
1. In case the quantities of these narcotic substances are all smaller than corresponding minimum amounts prescribed in Clause 1 Article 249 or Clause 1 Article 250 or Clause 1 Article 252 of the Criminal Code 2015:
E.g.: There is a person appropriating 03 kg of dried opium poppy fruits and 0.7 kg of fresh opium poppy fruits. Total quantity of these 02 narcotic substances in this case is determined as follows:
Pursuant to the provisions of Article 252 of the Criminal Code 2015 (Appropriation of narcotic substances), 03 kg of dried opium poppy fruits in this case is smaller than the minimum amount prescribed in Point dd Clause 1 Article 252 of the Criminal Code 2015 and 0.7 kg of fresh opium poppy fruits in this case is also smaller than the minimum amount prescribed in Point e Clause 1 Article 252 of the Criminal Code 2015. Hence, total quantity of these 02 narcotic substances in this case shall be calculated under the provision of Clause 1 Article 5 herein. To be specific:
- Determination of the percentage ratio of quantity of each narcotic substance to the corresponding minimum amount prescribed in Clause 1 Article 252 of the Criminal Code 2015:
+ The percentage ratio of quantity of dried opium poppy fruits in this case to the minimum amount thereof prescribed in Point dd Clause 1 Article 252 is 60% (03 kg/ 05 kg).
+ The percentage ratio of quantity of fresh opium poppy fruits in this case to the minimum amount thereof prescribed in Point e Clause 1 Article 252 is 70% (0.7 kg/ 01 kg).
- The quantity percent of dried opium poppy fruits and that of fresh opium poppy fruits are added together to reach the total quantity percent of two narcotic substances in this case: 60% + 70% = 130% (>100%). Because this total quantity percent is greater than 100%, the percentage ratios of quantity of dried opium poppy fruits and that of fresh opium poppy fruits to corresponding minimum amounts prescribed in Clause 2 Article 252 of the Criminal Code 2015 shall be calculated to determine whether the total quantity of dried opium poppy fruits and fresh opium poppy fruits is subject to the provision of Clause 2 Article 252 of the Criminal Code 2015 or not. To be specific:
+ The percentage ratio of quantity of dried opium poppy fruits in this case to the minimum amount thereof prescribed in Point i Clause 2 Article 252 is 06% (03 kg/ 50 kg).
+ The percentage ratio of quantity of fresh opium poppy fruits in this case to the minimum amount thereof prescribed in Point k Clause 2 Article 252 is 07% (0.7 kg/ 10 kg).
+ The total quantity percent of dried opium poppy fruits and fresh opium poppy fruits is: 06% + 07% = 13% (<100%).
- Determination of applicable point, clause and article of the law: Because the sum of the percentage ratios of quantity of dried opium poppy fruits and that of fresh opium poppy fruits to the corresponding minimum amounts prescribed in Clause 2 Article 252 of the Criminal Code 2015 is smaller than 100%, total quantity of these two substances shall be subject to the provision of Point i Clause 1 Article 252 of the Criminal Code 2015: “ “i) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point b through h of this Clause.”.
2. In case the quantities of these narcotic substances are all smaller than corresponding minimum amounts prescribed in Clause 2 of one of Articles 249, 250 and 252 of the Criminal Code 2015, and there is at least the one narcotic substance whose quantity is subject to the provision of Clause 1 of the same article:
E.g.: There is a person illegally possessing 400 grams of coca glue, 900 grams of coca leaves, 45 kg of dried opium poppy fruits, 900 grams of fresh opium poppy fruits and 95 ml of other liquid narcotic substances. Total quantity of 05 narcotic substances in this case is determined as follows:
Pursuant to the provisions of Article 249 of the Criminal Code 2015 (Illegal possession of narcotic substances), the quantities of coca leaves and fresh opium poppy fruits are both smaller than the minimum amounts prescribed in Point d and Point e Clause 1 Article 249 of the Criminal Code 2015; the quantities of coca glue, dried opium poppy fruits and other liquid narcotic substances are subject to the provisions of Points b, dd and h Clause 1 Article 249 of the Criminal Code 2015. Because the quantities of 05 narcotic substances are all smaller than the corresponding minimum amounts prescribed in Clause 2 and there are 03 narcotic substances the quantities of which are subject to the provision of Clause 1 Article 249 of the Criminal Code 2015, total quantity of 05 narcotic substances in this case shall be calculated according to the provision of Clause 2 Article 5 herein. To be specific:
- Determination of the percentage ratios of quantity of coca glue, coca leaves, dried opium poppy fruits, fresh opium poppy fruits and other liquid narcotic substances to the corresponding minimum amounts prescribed in Clause 2 Article 249 of the Criminal Code 2015:
+ The percentage ratio of quantity of coca glue in this case to the minimum amount thereof prescribed in Point e Clause 2 Article 249 of the Criminal Code 2015 is 80% (400 g/ 500 g).
+ The percentage ratio of quantity of coca leaves in this case to the minimum amount thereof prescribed in Point h Clause 2 Article 249 of the Criminal Code 2015 is 9% (900 g/ 10 kg).
+ The percentage ratio of quantity of dried opium poppy fruits in this case to the minimum amount thereof prescribed in Point i Clause 2 Article 249 of the Criminal Code 2015 is 90% (45 kg/ 50 kg).
+ The percentage ratio of quantity of fresh opium poppy fruits in this case to the minimum amount thereof prescribed in Point k Clause 2 Article 249 of the Criminal Code 2015 is 9% (900 g/ 10 kg).
+ The percentage ratio of quantity of other liquid narcotic substances in this case to the minimum amount thereof prescribed in Point m Clause 2 Article 249 of the Criminal Code 2015 is 95% (95 ml/ 100 ml).
- The total quantity percent of 05 narcotic substances in this case: 80% + 9% + 90% + 9% + 95% = 283% (>100%). Because this total quantity percent is greater than 100%, the percentage ratios of quantities of these 05 narcotic substances to corresponding minimum amounts prescribed in Clause 3 Article 249 of the Criminal Code 2015 shall be calculated to determine whether the total quantity of these 05 narcotic substances is subject to the provision of Clause 3 Article 249 of the Criminal Code 2015 or not. To be specific:
+ The percentage ratio of quantity of coca glue in this case to the minimum amount thereof prescribed in Point a Clause 3 Article 249 of the Criminal Code 2015 is 40% (400 g/ 01 kg).
+ The percentage ratio of quantity of coca leaves in this case to the minimum amount thereof prescribed in Point c Clause 3 Article 249 of the Criminal Code 2015 is 3.6% (900 g/ 25 kg).
+ The percentage ratio of quantity of dried opium poppy fruits in this case to the minimum amount thereof prescribed in Point d Clause 3 Article 249 of the Criminal Code 2015 is 22.5% (45 kg/ 200 kg).
+ The percentage ratio of quantity of fresh opium poppy fruits in this case to the minimum amount thereof prescribed in Point dd Clause 3 Article 249 of the Criminal Code 2015 is 1.8% (900 g/ 50 kg).
+ The percentage ratio of quantity of other liquid narcotic substances in this case to the minimum amount thereof prescribed in Point g Clause 3 Article 249 of the Criminal Code 2015 is 38% (95 ml/ 250 ml).
+ Total quantity percent of these 05 narcotic substances: 40% + 3.6% + 22.5% + 1.8% + 38% = 105.9% (>100%). Because this total quantity percent is greater than 100%, the percentage ratios of quantities of these 05 narcotic substances to corresponding minimum amounts prescribed in Clause 4 Article 249 of the Criminal Code 2015 shall be calculated to determine whether the total quantity of these 05 narcotic substances is subject to the provision of Clause 4 Article 249 of the Criminal Code 2015 or not. To be specific:
The percentage ratio of quantity of coca glue in this case to the minimum amount thereof prescribed in Point a Clause 4 Article 249 of the Criminal Code 2015 is 8% (400 g/ 05 kg).
The percentage ratio of quantity of coca leaves in this case to the minimum amount thereof prescribed in Point c Clause 4 Article 249 of the Criminal Code 2015 is 1.2% (900 g/ 75 kg).
+ The percentage ratio of quantity of dried opium poppy fruits in this case to the minimum amount thereof prescribed in Point d Clause 4 Article 249 of the Criminal Code 2015 is 7.5% (45 kg/ 600 kg).
The percentage ratio of quantity of fresh opium poppy fruits in this case to the minimum amount thereof prescribed in Point dd Clause 4 Article 249 of the Criminal Code 2015 is 0.6% (900 g/ 150 kg).
The percentage ratio of quantity of other liquid narcotic substances in this case to the minimum amount thereof prescribed in Point g Clause 4 Article 249 of the Criminal Code 2015 is 12.6% (95 ml/ 750 ml).
- Determination of applicable point, clause and article of the law: Total quantity percent of these 05 narcotic substances: 8% + 1.2% + 7.5% + 0.6% + 12.6% = 29.9% (<100%). Because the total quantity percent of these 05 narcotic substances is smaller than 100%, it is not subject to the provision of Clause 4 Article 249 but it is subject to the provision of Point h Clause 3 Article 249 of the Criminal Code 2015: “h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.”.
3. In case the quantities of these narcotic substances are all smaller than corresponding minimum amounts prescribed in Clause 2 Article 248 or Clause 2 Article 251 of the Criminal Code 2015:
E.g.: There is a person illegally dealing in 02 grams of heroin and 200 grams of poppy resin. Total quantity of 02 narcotic substances in this case is determined as follows:
Pursuant to the provisions of Article 251 of the Criminal Code 2015 (Illegal deal in narcotic substances), the quantities of heroin and poppy resin in this case are both smaller than the minimum amounts thereof prescribed in Clause 2 Article 251 of the Criminal Code 2015. Hence, total quantity of these 02 narcotic substances shall be calculated according to the provision of Clause 2 Article 5 herein. To be specific:
- Determination of the percentage ratios of quantities of heroin and poppy resin to the corresponding minimum amounts thereof prescribed in Clause 2 Article 251 of the Criminal Code 2015:
+ The percentage ratio of quantity of heroin in this case to the minimum amount thereof prescribed in Point i Clause 2 Article 251 of the Criminal Code 2015 is 40% (02 g/ 05 g).
+ The percentage ratio of quantity of poppy resin in this case to the minimum amount thereof prescribed in Point h Clause 2 Article 251 of the Criminal Code 2015 is 40% (200 g/ 500 g).
- Total quantity percent of 02 narcotic substances in this case: 40% + 40% = 80% (<100%).
- Determination of applicable point, clause and article of the law: Because the sum of the percentage ratios of quantities of heroin and poppy resin in this case to the corresponding minimum amounts thereof prescribed in Clause 2 Article 251 of the Criminal Code 2015 is smaller than 100%, total quantity of these two substances shall be subject to the provisions of Clause 1 Article 251.
4. In case the quantities of narcotic substances are all smaller than the corresponding minimum amounts prescribed in Clause 3 of one of Articles 248, 249, 250, 251 and 252 of the Criminal Code 2015, and there is at least the one narcotic substance whose quantity is subject to the provision of Clause 2 of the same article:
E.g.: There is a person illegally manufacturing 400 grams of poppy resin and 09 grams of heroin. Total quantity of 02 narcotic substances in this case is determined as follows:
Pursuant to the provisions of Article 248 of the Criminal Code 2015 (Illegal manufacturing of narcotic substances), the quantity of poppy resin in this case is subject to the provision of Clause 1 and the quantity of heroin in this case is subject to the provision of Point e Clause 2 Article 248 of the Criminal Code 2015. Because the quantities of these 02 narcotic substances are all smaller than the corresponding minimum amounts thereof prescribed in Clause 3 and the quantity of heroin is subject to the provision of Clause 2 Article 248 of the Criminal Code 2015, total quantity of these 02 narcotic substances shall be calculated according to the provision of Clause 3 Article 5 herein. To be specific:
- Determination of the percentage ratios of quantities of poppy resin and heroin to the corresponding minimum amounts thereof prescribed in Clause 3 Article 248 of the Criminal Code 2015:
+ The percentage ratio of quantity of poppy resin in this case to the minimum amount thereof prescribed in Point b Clause 3 Article 248 of the Criminal Code 2015 is 40% (400 g/ 01 kg).
+ The percentage ratio of quantity of heroin in this case to the minimum amount thereof prescribed in Point c Clause 3 Article 248 is 30% (09 g/ 30 g).
- Total quantity percent of these 02 narcotic substances: 40% + 30% = 70% (<100%).
- Determination of applicable point, clause and article of the law: Because this total quantity percent is smaller than 100%, total quantity of poppy resin and heroin in this case shall be only subject to the provision of Point k Clause 2 Article 248 of the Criminal Code 2015: “k) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point dd through h of this Clause”.
5. In case the quantities of narcotic substances are all smaller than the corresponding minimum amounts prescribed in Clause 4 of one of Articles 248, 249, 250, 251 and 252 of the Criminal Code 2015, and there is at least the one narcotic substance whose quantity is subject to the provision of Clause 3 of the same article:
E.g.: There is a person appropriating 900 grams of poppy resin and 500 kg of dried opium poppy fruits. Total quantity of 02 narcotic substances in this case is determined as follows:
Pursuant to the provisions of Article 252 of the Criminal Code 2015 (Appropriation of narcotic substances), the quantity of poppy resin in this case is subject to the provision of Point e Clause 2 and the quantity of dried opium poppy fruits in this case is subject to the provision of Point d Clause 3 Article 252 of the Criminal Code 2015. Because the quantities of these 02 narcotic substances are all smaller than the corresponding minimum amounts thereof prescribed in Clause 4 Article 252 of the Criminal Code 2015 and the quantity of dried opium poppy fruits is subject to the provision of Point d Clause 3 Article 252 of the Criminal Code 2015, total quantity of these 02 narcotic substances shall be calculated according to the provision of Clause 4 Article 5 herein. To be specific:
- Determination of the percentage ratios of quantities of poppy resin and dried opium poppy fruits to the corresponding minimum amounts thereof prescribed in Clause 4 Article 252 of the Criminal Code 2015:
+ The percentage ratio of quantity of poppy resin in this case to the minimum amount thereof prescribed in Point a Clause 4 Article 252 of the Criminal Code 2015 is 18% (900 g/ 05 kg).
+ The percentage ratio of quantity of dried opium poppy fruits in this case to the minimum amount thereof prescribed in Point d Clause 4 Article 252 of the Criminal Code 2015 is 83% (500 kg/ 600 kg).
- Total quantity percent of these 02 narcotic substances: 18% + 83% = 101% (>100%).
- Determination of applicable point, clause and article of the law: Because this total quantity percent is greater than 100%, total quantity of poppy resin and dried opium poppy fruits in this case is subject to the provision of Point h Clause 4 Article 252 of the Criminal Code 2015: “h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.”.
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Decree No. 19/2018/ND-CP dated February 02, 2018 providing for determination of total quantity of narcotic substances prescribed in the Criminal Code in 2015
- Số hiệu: 19/2018/ND-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 02/02/2018
- Nơi ban hành: Chính phủ
- Người ký: Nguyễn Xuân Phúc
- Ngày công báo: Đang cập nhật
- Số công báo: Dữ liệu đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra