Vietnam National University of Hanoi
Faculty of Law
Nguyen Thanh Dung
DETERMINATION OF CRIME
for drug crimes
Master of Laws Thesis
Hanoi - 2012
Vietnam National University of Hanoi
Faculty of Law
Nguyen Thanh Dung
DETERMINATION OF CRIME
for drug crimes
Major : Criminal Law
Code : 60 38 40
Master of Laws Thesis
Scientific supervisor : Dr. Pham Manh Hung
Hanoi - 2012
INDEX | Page | |
Cover page Promise | ||
Index List of abbreviations | ||
List of tables | ||
INTRODUCTION | 7 | |
Chapter 1. GENERAL ISSUES ON CONVICTION | 13 | |
1.1. | NAME FOR DRUG CRIMES Concept, characteristics and significance of criminal prosecution | 13 |
with drug crimes | ||
1.1.1. | Concept, characteristics and significance of crime determination | 13 |
1.1.1.1. | Concept of crime | 13 |
1.1.1.2. | Characteristics of crime | 14 |
1.1.1.3. | The meaning of the crime | 15 |
1.1.2. | Concept, characteristics and significance of criminal prosecution | 17 |
1.1.2.1. | with drug crimes Concept of sentencing for drug crimes | 17 |
1.1.2.2. | Characteristics of sentencing for drug crimes | 18 |
1.1.2.3. | The significance of sentencing for drug crimes | 19 |
1.2. | Basis and factors ensuring the determination of crime | 20 |
true for drug crimes | ||
1.2.1. | Legal and scientific grounds for conviction for drug crimes | 20 |
1.2.1.1. | Legal bases for determining the crime drug offense | 20 |
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1.2.1.2. Scientific basis for determining charges for drug-related crimes
1.2.2. Factors ensuring the determination of guilt for drug-related crimes
1.2.2.1. Professional competence of the person determining the crime 26
1.2.2.2. Professional ethics of the person determining the crime 27
1.2.2.3. Complete criminal law system 29
Chapter 2. DETERMINATION OF CRIMES 32
SPECIFIC DRUG VIOLATIONS OF COMPETENT AUTHORITIES IN THE PROCESS OF SOLVING CRIMINAL CASES FROM 2006 TO 2010
2.1. Some concepts related to drug crimes 32
2.2. Some issues of criminalization for specific drug crimes 35
2.2.1. Crime of growing opium poppies or other plants containing 35 narcotic substances (Article 192)
2.2.2. Crime of illegal production of narcotic substances (Article 193) 39
2.2.3. Crime of illegal possession, transportation, trading or appropriation of 42 narcotic substances (Article 194)
2.2.4. Crime of storing, transporting, trading or appropriating precursor 47 used for illegal production of narcotics (Article 195)
2.2.5. Crime of manufacturing, storing, transporting, buying and selling means and tools used for illegal production or use
narcotic substances (Article 196)
2.2.6. Crime of organizing illegal use of narcotics (Article 197) 54
2.2.7. Crime of harboring illegal use of narcotics (Article 198) 57
2.2.8. Crime of forcing or enticing others to illegally use narcotics (Article 200)
2.2.9. Crime of violating regulations on management and use of narcotic drugs 60 or other narcotic substances (Article 201)
2.3. Situation of drug crimes and the fight against drug crimes in the years 2006 to 2010
2.4. Some shortcomings and limitations in the sentencing of 72 drug-related crimes
Chapter 3. SOME SOLUTIONS TO IMPROVE QUALITY 79
THE QUANTITY OF DETERMINING THE CRIMINALITY FOR DRUG-RELATED CRIMES
3.1. Perfecting some provisions of criminal law related to drug crimes
3.2. Strengthening guidance on law enforcement 83
3.3. Promote training, fostering, and improving professional qualifications and ethics for the staff.
Officers, Investigators, Prosecutors and Judges
3.4. Perfecting the organizational structure of units in the agencies conducting prosecution.
3.5. Strengthening facilities and working means for the 90 investigation agencies, the Procuracy and the Court; preferential treatment for
with Investigators, Prosecutors and Judges working to combat drug crimes
3.6. Strengthening international cooperation in the fight against 91 drugs
CONCLUSION 93
LIST OF REFERENCES 95
LIST OF ABBREVIATIONS
Penal Code, Criminal Procedure Code, People's Procuracy, Supreme People's Court of Criminal Justice
Criminal Code
Criminal Procedure Code
Supreme People's Procuracy Supreme People's Court
Criminal liability
LIST OF TABLES
Plate number
Table Name Page
2.1 Statistics on drug crimes in the area
national table
2.2 Statistics of resolved cases of Agency 67
Investigation from 2006 to 2010.
2.3 Statistics of resolved cases of the 68th Procuracy
monitoring at all levels from 2006 to 2010.
2.4 Statistics of cases tried at first instance by Court 71
projects at all levels from 2006 to 2010.
INTRODUCTION
1. Urgency of the topic
All of humanity is striving towards a peaceful, happy, drug-free life, but drugs are still a global concern. According to the latest figures from the United Nations Office on Drugs and Crime (UNODC), there are currently over 200 million drug addicts in the world and in Vietnam there are currently about 173,600 drug addicts, of which over 70% are under 30 years old and about 5% of the total number of drug users are minors (under 18 years old), especially about 50% of the total number of drug addicts are children under 16 years old. In addition, drugs are also the cause of social disorder and the source of many other types of criminal offenses. Drugs are associated with criminal behavior and are an additional source of crime. When addicted, drug addicts are willing to do anything to get money to use drugs, such as killing people, robbing... This is a major barrier preventing people from building a civilized, modern life.
In the past 10 years, the drug crime situation has continued to develop complicatedly in Vietnam. According to recent statistics from the Supreme People's Court, in 2008, local courts tried 9,044 cases with 12,071 defendants for drug crimes, an increase of 1,383 cases compared to the previous year. The activities of drug criminals took place mainly on the Northwestern, Central, and Southern borders and continued to penetrate deep into the mainland. Notably, the amount of heroin transported into Vietnam in 2009 increased by 29% compared to the previous year and the amount of methamphetamine increased 11 times. The most recent point in recent years is the increase in the activities of international drug crime gangs. They carry out extremely sophisticated drug trafficking in large areas with tight organization, especially with collusion between drug traffickers.