Trial Practice for the Crime of Illegally Storing, Transporting, and Trading in Drugs in Da Nang City from 2011 to 2020

Drugs. Criminals who take advantage of the name of agencies and organizations are often those who take advantage of their positions and powers [34, p. 110].

In case the offender is not a person with a position or authority (and does not fall into the case of "taking advantage of position or authority" to commit a crime) but only takes advantage of the name of an agency or organization to illegally store, transport, or trade in drugs, then that person is determined to be "taking advantage of the name of an agency or organization" to commit a crime.

Transport, cross-border trade

Transporting and trading drugs across the border is to bring drugs from one country to another in any form. However, the concept of “crossing the border” does not specify the limit of transporting and illegally trading drugs across the border of Vietnam with countries bordering Vietnam, or also includes the act of transporting and illegally trading drugs from a country other than Vietnam to a third country. Therefore, in the case of a criminal transporting and illegally trading drugs “across the border”, in addition to determining the act of transporting and illegally trading drugs “across the border” of Vietnam with countries bordering Vietnam and vice versa, the prosecuting agencies need to consider the act of transporting and illegally trading drugs “across the border” of a country other than Vietnam to a third country [34, p. 110].

Using children to commit crimes or selling drugs to children

Using children to commit crimes is a case where the offender has enticed, incited, bribed, threatened, controlled, enticed... a person under 16 years of age to commit acts of illegal storage, transportation, or trading of narcotics. In cases where the offender incites a child to commit acts of illegal storage, transportation, or trading of narcotics, but the child being incited is not old enough to bear criminal responsibility or the act has not reached the level of being prosecuted for criminal responsibility, the offender is still considered to have used a child to commit a crime [34, p. 112].

Selling drugs to children is understood as the offender using drugs that he has in any form such as: bought, begged, picked up, given by others.

other people send or appropriate to sell or exchange to people under 16 years old for money or other property that is not money [34, p. 112]. Thus, this crime can only occur for those who illegally sell drugs to people under 16 years old.

Dangerous recidivism

Dangerous recidivism is a case where an offender has been convicted of a very serious crime or an especially serious crime intentionally, has not had his criminal record expunged, but commits a very serious crime or an especially serious crime intentionally, or has reoffended, has not had his criminal record expunged, but commits a crime intentionally.

Committing the crime of illegally storing, transporting, or trading in narcotics is a case of dangerous recidivism as prescribed in Point p, Clause 2, Article 194 of the 1999 Penal Code. This is the case where a person has been convicted of a very serious or especially serious crime intentionally, and has not had his/her criminal record expunged, but still stores, transports, or illegally trades in narcotics as prescribed in Clause 2, Clause 3, or Clause 4 of Article 194, or has reoffended, has not had his/her criminal record expunged, and still commits the crime of illegally storing, transporting, or trading in narcotics.

In addition, Clause 2, Article 194 of the 1999 Penal Code also stipulates aggravating circumstances for cases of illegal possession, transportation, and trading of drugs with specific quantities of drugs corresponding to each specific type of drug (provisions from point g to point o, Clause 2, Article 194 of the Penal Code). Offenders falling into the cases specified in Clause 2, Article 194 of the 1999 Penal Code are determined to have committed very serious crimes and are subject to imprisonment from seven to fifteen years.

c) Committing a crime under the provisions of Clause 3, Article 194 of the Penal Code

The aggravating circumstances for the eight types of drugs specified from point g to point o, clause 2, Article 194 of the 1999 Penal Code are also applied similarly to the criminal cases specified in clause 3, Article 194 of the Penal Code. The difference in the level of aggravation for the crime of illegal possession, transportation, and trading of drugs is shown through the number of

The specific amount of drugs corresponding to each specific type of drug. The specific types of drugs specified from point g to point o, clause 2, Article 194 of the Penal Code are also the aggravating circumstances specified from point a to point h, clause 3, Article 194 of the Penal Code with a correspondingly larger amount of drugs. Offenders falling under the cases specified in clause 3, Article 194 of the Penal Code shall be sentenced to imprisonment from fifteen to twenty years, which is an especially serious crime.

d) Committing a crime under the provisions of Clause 4, Article 194 of the Penal Code

The aggravating circumstances prescribed from point g to point o, clause 2, Article 194 and the aggravating circumstances prescribed from point a to point h, clause 3, Article 194 of the 1999 Penal Code also continue to be applied similarly to criminal cases falling under the provisions of clause 4, Article 194 of the Penal Code. The difference in the aggravating circumstances prescribed in clause 4, Article 194 of the Penal Code is shown through the specific quantity of drugs corresponding to each specific type of drug (the types of drugs prescribed from point g to point o, clause 2, Article 194 and from point a to point h, clause 3, Article 194) with a greater level than the quantity of drugs prescribed in clause 3, Article 194 of the Penal Code. A person who commits a crime under the provisions of Clause 4, Article 194 of the Penal Code shall be sentenced to twenty years in prison, life imprisonment or death, which is an especially serious crime.

Thus, in addition to the cases of crimes with aggravating circumstances specified in points a) Organized; b) Committing crimes multiple times; c) Taking advantage of position and power;

d) Taking advantage of the name of an agency or organization; dd) Transporting or trading across the border; e) Using children to commit crimes or selling drugs to children and point p) Dangerous recidivism, other criminal cases with aggravating circumstances are all based on the quantity of each specific type of drug according to the provisions from point g to point o, clause 2, Article 194 and from point a to point h, clause 3, clause 4, Article 194. This shows that the current Vietnamese Penal Code only stipulates the quantity of drugs to handle and decide on penalties for crimes of illegal possession, transportation, and trading of drugs, but there are no specific regulations on the quality and content of drugs when resolving criminal cases of this crime.

2.2. Trial practice for the crime of illegal possession, transportation and trading of drugs in Da Nang city from 2011 to 2015

Da Nang City is located in Central Vietnam, almost equally divided between the capital Hanoi and Ho Chi Minh City. Da Nang is also the center of three world cultural heritages: the ancient capital of Hue, the ancient town of Hoi An and the holy land of My Son. It is also the end point of the East-West economic corridor and the gateway to the Pacific Ocean for Myanmar, Thailand, Laos and Vietnam.

Since being separated from Quang Nam - Da Nang province (old) to become a key economic and social city of the Central Highlands region, Da Nang has developed rapidly in many aspects and become an ideal destination for tourists from all over the world. The strong urbanization process has made Da Nang city the most livable place in Vietnam. With a system of airports, seaports, railways, and roads convenient for domestic and international exchanges, Da Nang has an important position in terms of transportation and has many development opportunities to become one of the major economic, cultural, tourism and service centers of the country. However, that strong urbanization process has also made Da Nang city an easy place for social evils and crimes to penetrate and develop, especially drug and drug-related crimes. Deeply aware of the negative side of this development, since 2001, the City Party Committee, People's Council and People's Committee of Da Nang City have proactively implemented the program "Building a city without drug addicts in the community" with the goal of striving for a city with "no drug addicts in the community" and no drug hotspots by 2005. However, drug crimes in general, and crimes of illegal possession, transportation and trading of drugs in particular, are increasing steadily and alarmingly.

Da Nang is a city that has proactively initiated the implementation of the "5 no" policy (including the criterion of "no drug addicts in the community" ), so the entire political system from the city to the communes and wards has actively participated.

preventing drug abuse and drug-related crimes, and at the same time handling very resolutely and strictly the acts of using, storing, transporting, and illegally trading drugs. The statistics below show the trial activities of the Courts at all levels on drug-related cases in Da Nang city from 2011 to present:

Table 2.1: Statistics on the number of cases and defendants convicted of storing, transporting,

Illegal drug trafficking in Da Nang city from 2011 to 2015

Year

Number of cases (drug)	Number of defendants (drug)	Number of cases types	Number of defendants types
2011	46	57	613	1129
2012	79	97	726	1278
2013	98	134	681	1272
2014	106	148	705	1254
2015	120	196	671`	1175

Maybe you are interested!

(Source: Data synthesis from the "Summary Reports of the work of the People's Court of Da Nang City" in the period 2011 - 2015).

While the number of criminal cases of all types and the number of defendants in criminal cases in general have not fluctuated much, the number of drug cases and the number of defendants in drug cases have increased significantly and steadily over the years.

Regarding the number of drug cases: In 2012, the rate of increase in the number of drug cases compared to 2011 was 17.1%; in 2013, it increased by 12.4% compared to 2012; in 2014, it increased by 10.8% compared to 2011.

2013 and 2015 increased by 11.3% compared to 2014.

Thus, within 5 years, the average annual increase in the number of drug cases was 12.9%.

Regarding the number of defendants in drug cases brought to trial: In 2012, the rate of drug defendants brought to trial increased by 17% compared to 2011; in 2013, it increased by 13.8% compared to 2012; in 2014, it increased by 11% compared to 2013 and in 2015, it increased by 13.2% compared to 2012.

with 2014.

The average annual increase in the number of defendants brought to trial in drug cases is equivalent to 13.75%.

Compared to the total number of criminal cases of all types, the number of drug cases has also continuously increased: In 2011, the number of drug cases accounted for only 7.5% of the total number of criminal cases of all types; in 2012, it accounted for 13.4%; in 2013, it accounted for 14.3%; in 2014, it accounted for 15.0% and in 2015, it accounted for 17.9%. On average, the rate of increase in the number of drug cases in the total number of criminal cases of all types is 2.6%. Although this rate of increase is not high, the steady increase over the years in the rate of drug criminal cases in the total number of criminal cases shows dangerous and alarming signs about the drug crime situation in Da Nang city.

Along with that, the number of defendants in drug-related criminal cases compared to the total number of defendants in criminal cases in general has also been constantly increasing. In 2011, the ratio of defendants in drug-related criminal cases compared to the total number of defendants in criminal cases in general was only 5.0%; in 2012, this ratio was 7.5%; in 2013, it was 10.5%; in 2014, it was 11.8% and in 2015, it was 16.6%. On average, each year, the ratio of defendants in drug-related criminal cases compared to the total number of defendants in criminal cases in general increased by an equivalent rate of 2.9%. Thus, this rate of increase is also equivalent to the rate of increase in the number of drug cases in the total number of criminal cases of all types (2.6%). This shows that drug crimes in Da Nang city are increasing in both the number of criminals and the number of crimes, and this increase is also maintained steadily every year.

In Da Nang city, most drug crimes are crimes of illegal possession, transportation, and trading of drugs. Most cases of illegal drug use or organized illegal drug use discovered in the past have not reached the level of criminal prosecution and violators have only been administratively sanctioned or sent to compulsory drug rehabilitation facilities. Statistics from the People's Courts at all levels in the period from 2011 to 2015 show the structure of specific types of crimes in the total number of drug cases in Da Nang city as follows:

The rate of criminal cases on illegal possession of drugs in the total number of criminal cases on drugs is : 46 cases/449 cases, accounting for an equivalent rate of 10.2%.

The rate of criminal cases on illegal drug transportation in the total number of criminal cases on drugs is : 107 cases/449 cases, accounting for an equivalent rate of 23.9%.

The rate of criminal cases on illegal drug trafficking in the total number of criminal cases on drugs is : 296 cases/449 cases, accounting for an equivalent rate of 65.9%.

Thus, in the general structure of criminal cases on crimes of illegal possession, transportation, and trading of narcotics in Da Nang city, criminal cases on crimes of illegal purchase and sale of narcotics account for the majority, followed by criminal cases on crimes of illegal transportation of narcotics and finally criminal cases on crimes of illegal possession of narcotics. This shows the fact that the number of crimes of illegal transportation and trading of narcotics is the most common type of crime and accounts for the majority (89.8%) of drug crimes in Da Nang city.

The rate of defendants brought to trial for the acts of storing, transporting, and illegally trading drugs in Da Nang city from 2011 to 2015 was also specifically determined as:

The rate of defendants tried for illegal possession of drugs out of the total number of defendants is : 77 defendants/632 defendants, accounting for an equivalent rate of 12.3%.

The rate of defendants tried for illegal drug trafficking out of the total number of defendants is : 126 defendants/632 defendants, accounting for an equivalent rate of 19.9%.

The rate of defendants tried for illegal drug trafficking out of the total number of defendants is : 429 defendants/632 defendants, accounting for an equivalent rate of 67.8%.

Similar to the statistics on the number of criminal cases of illegal possession, transportation, and trading of drugs in Da Nang city according to each specific crime, the number of people who committed crimes of illegal transportation and trading of drugs also accounted for an overwhelming proportion (87.7%) in the structure of drug crimes. In particular, the number of criminals who were dangerous recidivists were also subjects who committed crimes of illegal transportation and trading of drugs.

If we compare the number of dangerous recidivism cases of drug crimes with the number of dangerous recidivism cases of other crimes, then over the past five years the rate of people committing crimes of illegal transportation and trading

The number of drug-related crimes that are dangerous recidivists in Da Nang city has also increased to an alarming level. In 2011, there was only one drug-related crime that was a dangerous recidivist out of a total of 21 dangerous recidivists of other crimes (accounting for 4.7%) . In 2012, this number increased to 4 cases out of a total of 23 cases of other crimes (accounting for 17.4%) . In 2013, there were 5 cases out of a total of 41 cases (accounting for 12.2%) ; in 2014, there were 9 dangerous recidivists who were drug-related crimes out of a total of 38 dangerous recidivists of other crimes (accounting for 23.7%) . As of September 30, 2015, the number of drug offenders who were dangerous recidivists was 4 out of a total of 16 dangerous recidivists of other crimes (accounting for 25%) . The level of dangerous recidivism of this type of crime is shown through the following specific statistics:

Table 2.2: Statistics on the rate of drug-related crime defendants who are dangerous recidivists in Da Nang city from 2011 to 2015

Year

Number of dangerous recidivists (drug)	Total number of defendants (drugs)	Proportion	Number of dangerous recidivists of all kinds	Total number of defendants of all types	Proportion
2011	1	57	1.75%	21	1129	1.86%
2012	4	97	4.12%	23	1278	1.80%
2013	5	134	3.73%	41	1272	3.22%
2014	9	148	6.08%	38	1254	3.03%
2015	4	196	2.04%	16	1175	1.36%
Average	4.6	126.4	3.63%	27.8	1221.6	2.27%