Chapter II
SPECIFIC PROVISIONS
Article 4. Determination of total quantity of narcotic substances in case the offence involves different narcotic substances which are prescribed in the one point of clauses of Article 248, Article 249, Article 250, Article 251 or Article 252 of the Criminal Code 2015
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.
Article 5. Determination of total quantity of narcotic substances in case the offence involves different narcotic substances which are not prescribed in the one point of clauses of Article 248, Article 249, Article 250, Article 251 or Article 252 of the Criminal Code 2015
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.
Article 6. Appendix
The Appendix on determination of total quantity of narcotic substances in specific cases is enclosed herewith.
Tìm kiếm
Nghị định 19/2018/NĐ-CP quy định việc tính tổng khối lượng hoặc thể tích chất ma túy (Bản Word)
Nghị định 19/2018/NĐ-CP quy định việc tính tổng khối lượng hoặc thể tích chất ma túy (Bản Pdf)
