CIRCULAR additional amendments a number of circular No. 17/2007/TTLT-TANDTC-VKSNDTC-BCA-BTP on 24/12/2007 of the Ministry of public security, the Supreme People's Procuratorate, the Supreme People's Court, the Ministry of Justice guidelines apply some of the provisions in Chapter XII "the crime on drugs" of the Criminal Code of 1999 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the criminal of 1999 (modified Supplement 2009);
Pursuant resolution No. 96/2015/QH13 on 26/6/2015 of the Expo on strengthening measures for prevention of crime, and ensure compensation for victims of criminal activities;
Minister of public security, the Minister Supreme People's Prosecutor, Chief Justice of the Supreme People's Court, the Minister of Justice issued a circular amending and supplementing a number of circular No. 17/2007/TTLT-TANDTC-VKSNDTC-BCA-BTP on 24/12/2007 of the Ministry of public security, the Supreme People's Procuratorate , The Supreme People's Court, the Ministry of Justice guidelines apply some of the provisions in Chapter XII "the crime on drugs" of the Criminal Code of 1999 (namely circular No. 17/2007/TTLT), article 1. Modifying, supplementing a number of circular No. 17/2007/TTLT 1. Modify, supplement a point 1.1 weather item 1 of part I, as follows: "a) for drug substances in a solid can be become the solution or drug substances in a liquid could have been diluted is not considered the entire solution or the solution is diluted drugs in liquid that should determine the amount of drug substance in solution to computer , the weight of drugs.
For example, opiates, hêrôin was the solution, does not consider the entire solution is drug substance in liquid that should determine the amount of moócphin along with the other components of opium in order to calculate the weight of opium or identify concentrations of moócphin along with the other components of the hêrôin to calculate the weight hêrôin ".
2. Modify additional properties section 1.4, part I as follows: "1.4. In all cases, when capturing the substance suspected to be drug or precursor chemicals used in the illicit manufacture of drugs, the referendum must be assessed to determine the type and the weight of drugs seized precursors, are. Forced requisition of tongue inspection determined the weight of drugs in the following cases: a, drugs, precursors used in the production of drugs in solid was the solution;
b, drug precursors used in the manufacture of the drug substance in the liquid has to be diluted;
c, poppy Xái;
d, addictive Drugs, psychotropic drugs;
In addition to the cases prescribed in points a, b, c and d of this Section 1.4 weather, if there are grounds and deems it necessary, direct the Court examiner referendum to ensure the correct trial law.
If the examiner was not drug or substance is not the precursor used in the production of illegal drugs, but people make sense of offence that the substance that is the drug substance or the substance that is the precursor used in the production of illegal drugs, then depending on the specific offence which prejudice the person under criminal liability charges the provisions in clause 1 of the corresponding laws for drug offenses.
The case of a person who knows is fake drugs but make someone else think of drugs really should buy sell, trade ... they do save the criminal responsibility on criminals on drugs that suffer prejudice criminal liability of fraud seized the property under article 139 of the Penal Code If satisfies the other signs in the form of crime crime.
The case of not capturing drug substance is physical evidence, but based precursors to determine the weight of drugs, precursors that the offender has the sale, transportation, possession or appropriation, then the offender being prejudice criminal liability on charges and corresponding terms. "2. Transitional provisions 1. With regard to the implementation of the offence before the day this circular have the effect, if the instructions in this circular mitigate criminal liability compared with the guidelines in circular No. 17/2007/TTLT shall be applied when investigating, prosecuting , the trial at first instance, appellate, cassation trial or retrial.
2. for cases in which the offenders were convicted in accordance with circular No. 17/2007/TTLT and judgment has the effect of law shall not apply to instructions of circular to protest under the order of Cassation, retrial.
Article 3. Effective enforcement of this circular effect since 30 December, 2015. Abolish the instructions in point DD details 3.7 section 3 part II; point b 7.3 weather item 7 part II; item 8 of part II of circular No. 17/2007/TTLT.
Article 4. Responsibility 1. The Agency, the relevant units responsible for enforcing and implementation guidance in this circular.
2. During the implementation of circular if there are difficulties and obstacles, the Agency of the relevant unit, reflecting on the Ministry of public security, the Supreme People's Procuratorate, the Supreme People's Court, the Ministry of Justice to guide timely.