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Circular 1/1998/ttlt-Tandtc-Vksndtc Bnv: Guidelines For Applying Some Provisions Of The Law On Amending And Supplementing A Number Of Articles Of The Criminal Code

Original Language Title: Thông tư liên tịch 01/1998/TTLT/TANDTC-VKSNDTC-BNV: Hướng dẫn áp dụng một số quy định của Luật sửa đổi bổ sung một số điều của Bộ luật Hình sự

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CIRCULAR Guide and apply some of the provisions of the law on amending and supplementing a number of articles of the Criminal Code To apply uniformly the regulations of the law on amendments and supplements to some articles of the Criminal Code have been key Congress IX, 11 session through on 10-5-1997 , The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Internal Affairs uniform guide as follows: a. the APPLICABLE TIME LIMITS 1. As specified in paragraph 1 to article 75 of law issued legal documents, then "law, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly with effect from the day the President announced, except for any provisions that effective date"; so, the law on amendments and supplements to a sốđiều of the criminal code was passed by Congress on 10-5-1997 and was State President signed the order announced on 22 May 1997 (hereinafter the law on amendments and supplements ...) effective from December 22-5-1997.
2. Paragraph 1 article 7 of the Penal Code stipulates: "the law applicable to an offence as the law are enforceable when her behavior is done"; Therefore, the provisions of the law on amendments and supplements to be applicable to all offences to be made before July 22-5-1997, that after that date the new prosecution, trial, appeal or cassation shall still apply the old provisions of the criminal code, which does not apply the new provisions of law amended Supplement ... the new criminal provisions or penalties, namely: a) Of article 1 of law amendments, supplements ...
Do not apply the following rules, unless the instructions in point 4 of part A to this circular:-property embezzlement of Socialist (PSOE) (article 133);
-The crime of abusing the Office, fraudulent appropriation powers SOCIALIST property (item 2, 3, 4 Article 134a);
-The crime of abusing the Office, powers unauthorized use of SOCIALIST property (item 2, 3, 4 Article 137a);
-The crime of abuse of position, appropriating the property rights of citizens (article 156);
-The crime of unauthorized funds (article 175);
-Crime-rights abuses while on duty (article 221a);
-The crime of forgery in the work (article 224);
-The crime of receiving bribery (article 226);
-The crime of giving bribes, the crime of brokering bribes do (article 227);
-The crime of abusing the Office, powers to influence with others to benefit the axis (Article 228a).
b) About article 2 of law amendments, supplements ...
Do not apply the provisions of the article 185a, 185b, 185c, 185d, 185, 185g, 185h e 185e, 185k, 185m, 185i 185n, and paragraph 3 article 185o.
c) On article 3 of law amendments, supplements ...
Do not apply the provisions of article 112a, 113a, 114, 202, 202a, 202b.
d) On article 4 of supplemental amendment ...
Do not apply the following provisions:-article 39 paragraph 1 c Point of aggravation, "taking advantage of the high position to sin".
-Paragraph 2 paragraph 3 in Article 100.
-Rape (article 112).
-The crime of rape (article 113).
-Additional punishment for the crime of newly added (article 118).
-Fraud appropriating SOCIALIST properties (article 134);
-The crime of unauthorized use of SOCIALIST property (paragraphs 2, 3, 137);
-Additional punishment for the crime of newly added (article 141);
-The crime of concealing the crime, the crime is not responsible for the crimes the new crime was added (article 246, 247).
4. Paragraph 3 article 7 of the Penal Code stipulates: "the law abolished a crime or a lighter penalty provisions are applicable to the offence was made before the law that was enacted"; Therefore, the provisions of the law on amendments and supplements ... not stated in point 3 of this circular, section A shall be applicable to offences made before July 22-5-1997 that after that date the new prosecution, trial magistrate or Cassation. Also be applied to the following specific provisions of the law on amendments and supplements to the penalty offences were made before July 22-5-1997.
-Apply paragraph 1 to article 133, paragraph 1 Article 134a, paragraph 1 article 156 (law on amendments and supplements ...) to not prejudice criminal liability who made the corresponding behavior (SOCIALIST property embezzlement, taking advantage of the prerogatives, powers appropriating SOCIALIST property scams, abuse of Office, fraudulent appropriation powers SOCIALIST property , Office, authority abuse expropriations of property of citizens) if the property was seized worth under five million and not in the case of causing serious consequences, violations many times or has been disciplined but also violating. However, in this case need recommendations with the competent agency disciplinary or administrative processing.
-Follow the writing guide formerly of Supreme People's Court and other authorities, if the SOCIALIST property embezzlement, any abuse of position, appropriating the property rights of citizens whose property was seized from five tons of rice worth over the alleged appropriation of property has great value and being prejudice criminal liability under clause 2 Article 133 or clause 2 article 156 the luậ kills the. Now according to the provisions in clause 1 article 133, paragraph 1 to article 156 of the Penal Code (amendment, addition, ...), if people do SOCIALIST property embezzlement, abuse of authority seized the assets of citizens that the value of the property being seized from five million to one hundred million and not in one of the cases specified in clause 2 of the corresponding laws This, then just being prejudice criminal liability under paragraph 1 to the corresponding legislation; Therefore, this Regulation applies the modified law, supplements ... for the case of SOCIALIST property embezzlement, abuse of position of authority seized the assets of citizens according to paragraph 1 Article 133 paragraph 1 or Article 156 of the Penal Code, if the property were seized valued to under a hundred million.
-Apply paragraph 1 Article 134a (amendment, addition, ...) that do not apply to article 134 clause 2 DD points to the criminal for acts of abusing Office powers appropriating SOCIALIST property scam, if not in one of the cases specified in paragraphs 2, 3 and 4 Article 134a. If in one of these cases, it must apply Article 134 clause 2 DD points to the criminal.
-Apply paragraph 1 to article 226, paragraph 1 Article 227 (amendment, addition, ...) to not prejudice criminal liability who made the corresponding behavior (receive bribes, take bribes, bribe brokering), if of bribes worth under five hundred thousand and not in the case of causing serious consequences , violating many times or has been disciplined but also violating. However, in this case need recommendations with the competent agency disciplinary or administrative processing.
-Apply paragraph 1 to article 137 (revised law, supplements ...) to not prejudice criminal liability who have unauthorized use SOCIALIST property, if not causing serious consequences or not yet sanctioned administratively.
-According to the provisions in paragraph 2 to article 100 of the Penal Code (Amendment), the population of Vietnam guilty of producing, storing, transporting, buying and selling illegal drugs, the penalty of probation or banning residents from one year to five years. Now Article 185 (o) (law on amendments and supplements ...) does not make the additional penalty of probation or residence bans for violations of this crime; Therefore, apply this rule to not penalize the probation or residence bans for offenders producing, storing, transporting, selling and buying illegal drugs be made before November 22-5-1997.

5. With respect to the verdict, the decision has force of law before October 22-5-1997 and to be tried in accordance with the provisions of the criminal code has not been modified, the modified rules supplements, supplements ... and the instructions issued prior to the date of this circular, do not apply the provisions of the revised Law , plugins and tutorials of this circular for protest under procedure of Cassation.
B. The APPLICATION Of SOME SPECIFIC PROVISIONS I. ABOUT The LAW AMENDMENTS, Supplements ...
1. About several factors determined guilt or penalty a) episode "violated many times", prescribed in clause 1 Article 133, paragraph 1 Article 134a, paragraph 1 Article 156, paragraph 1 Article 226, paragraph 1 Article 227, paragraph 1 Article 228a, is understood to have had from offending twice or more (twice the SOCIALIST property embezzlement and over ...) that each violated the property being hciếm won the value below the starting point where the law rules (under five hundred thousand Council according to paragraph 1 Article 133, paragraph 1 Article 134a, paragraph 1 Article 227, paragraph 1 Article 228a), at the same time in the offense that has not once would be disciplined and not all time disciplined. (Circular No. 12/LD-TT on 28-5-1977 of the Ministry of labour is now the Ministry of labor, invalids and Social Affairs, the "disciplined time not to long ago too a month from the date of detection of mistakes. The real case of the new complex was extended to three months "). In this case, the offender must bear the criminal liability of the total asset value of the offense.
b) episode "had been disciplined but also violate the" prescribed in clause 1 Article 133, paragraph 1 Article 134a, paragraph 1 Article 137a, paragraph 1 Article 156, paragraph 1 Article 175, paragraph 1 Article 226 Article 227, paragraph 1, khản 1 Article 228a was hiểuy as previous offense, has dealt a disciplinary forms remained there , now have the same types of violations and fines. In this case the offender only incur criminal liability on property values of the offense has not been disciplined. (To note is the only case of disciplined since January 22-5-1997 onwards).
c) episode "were sanctioned administratively but also taste" defined in Article 175 paragraph 1 was interpreted as previously there was the unauthorized funds and was sentenced to a punishment in the form of administrative violations, but not all the time limit is considered not yet sanctioned administrative offense now, unauthorized funds and being detected (as stipulated in article 10 Ordinances handling administrative violations, tenses "individuals, institutions or sanctioned from the most effective administration"). In this case the offender only incur criminal liability on unauthorized funds new behavior detection, if the value of the unauthorized funds from fifty million trởlên. (To note is the only event sanctioned administrative offense since on 22-5-1997 onwards).
DD) details "have more prescribed in clause 2 of this" details "and there is more to the provisions in paragraph 3 of this article" defined in article 133, 134a, 137a, 156, 175, 221, 221a, 224, 226, 227 and 228a is understood to be from the two conditions specified in item 2 (or 3) of the corresponding laws.
e) when applying the "serious consequences", "very serious consequences", "which cause particularly severe consequences" specified in the corresponding laws of article 1 of law amendments, supplements ... Note that the determination of "serious consequences", "very serious consequences" and "particularly severe consequences" is not based on the value of the property being seized (because the value of your robbed property was framing details in the corresponding laws) that based on the consequences of the offence caused. Consequences that may be damage on the State, the health network, property (property damage is caused by the offence caused, in addition to the value of the property being seized); bad influence to the political situation, social safety and order ...
In the case of causing damage to property, the "serious consequences", "very serious consequences" and "particularly severe" consequences are determined as follows:-damage to property worth from three hundred million under five hundred million is causing serious consequences.
-Damage to property valued at five hundred million to under a billion is causing very serious consequences;
-Damage to property valued at a billion or more is a special serious consequences.
Practical investigation, prosecution trial shows that there are many cases of moderate damage on the property just cause damage on the other side; Therefore, in this case to review and evaluate a comprehensive consequences of the offence caused. Although property values could damage under the corresponding instructions on here, but still considered causing serious consequences, causing very serious consequences, or cause particularly severe consequences.
If the damage is not on your property, you need to consider and evaluate a comprehensive consequences of the offence in the case of that specific cause to identify the case would be "serious consequences", the case would be "very serious consequences" and the case was "particularly serious" consequences.
* For example: SOCIALIST property embezzlement case is medicines for people worth six million, because of the drugs that have been seized should not have to cure a disease and damaging consequences on health, or to the people. To determine the "serious consequences", "very serious consequences" or "special" serious consequences to people suffering detriment to health, the extent of damage, the number of people killed. If only the lethal consequences, the cause of death of a person is causing serious consequences, causing the death of two people is causing very serious consequences and cause death from three or more people is particularly severe consequences.
g) clause 1 Article 175 stipulates: "the person who would take advantage of the position and powers of unauthorized funds worth from fifty million to under two hundred million and used the funds that cause serious consequences or have been disciplined or sanctioned but also administrative violation , then the penalty to imprisonment from one year to five years ". In the spirit of this regulation, shall not prejudice the criminal responsibility for the crime of unauthorized funds, people would take advantage of duty, unauthorized funds authority if:-unauthorized Funds worth under fifty million (including in the cases specified in paragraphs 2 and 3 Article 175).
-Unauthorized Funds worth from fifty million or over, but not yet used that Fund or used to fund it but causing no serious consequences.
-Unauthorized Funds worth from fifty million or over, but not yet been disciplined or sanctioned administratively.
Who would not yet unauthorized funds directly, but are then inherited the position of powers, who have set up illegal funds that admit and used the funds, causing serious consequences, they still suffer prejudice criminal responsibility for the crime of unauthorized funds.
2. Applying the framing details about a property value) for the SOCIALIST property embezzlement (article 133) and the crime of abusing the Office, powers, appropriating SOCIALIST properties (article 134a).
If only based on the value of the property being seized without extenuating circumstances the provisions of article 38 of the Penal Code and also no aggravation specified in point 39 of the Penal Code, the need to apply the respective accounts and penalizing the offenders with court level corresponds to the value of the property being seized as follows :

-Prison sanctions from two years to five years, if the assets were seized worth from five million to sixty million (clause 1 article 133 paragraph 1 or article 134a);
Condemned prisoner from five years to seven years, if the assets were seized there values from sixty million to under a hundred million (clause 1 Article 133 paragraph 1 or Article 134a);
-Prison sanctions from seven years to ten years, if a property value appropriated from one hundred million to less than two hundred million (133 Article 2, clause or clause 2 Article 134a);
Condemned prisoner from eleven years to fifteen years, if the property had robbed the value from one hundred million to less than two hundred million (133 Article 2, clause or clause 2 Article 134a);
Condemned prisoner from fifteen years to eighteen years, if the assets were seized there values from two hundred million to three hundred million (article 133 paragraph 3 or paragraph 2 article 134a);
Condemned prisoner from eighteen to twenty-five years, if the assets were seized worth four hundred million to under five hundred million (article 133 paragraph 3 or paragraph 3 Article 134a);
Condemned to life imprisonment, if the assets were seized worth from five hundred million to one billion (clause 4 Article 133 paragraph 4 or Article 134a);
Condemned to death, if the property were seized there values from a billion or more (clause 4 Article 133 paragraph 4 or Article 134a).
b) for the crime of abuse of position, appropriating root property rights of citizens (article 156) in case there are many extenuating circumstances the provisions of article 38 The luậ slipped the and also no more aggravating the provisions of article 39 of the Penal Code, the need to apply the respective accounts and penalizing the offenders with court level corresponds to the value of the property appropriated as follows:-sanctioned imprisonment from one year to four years, if the assets were seized worth from five million to sixty million (paragraph 1);
-Prison sanctions from four years to six years, if the assets were seized there values from sixty million to under a hundred million (paragraph 1);
-Sanction of jail from six years to ten years if the assets were seized there values from one hundred million to less than two hundred million (item 2);
-Sanctioned imprisonment from ten years to thirteen years, if the assets were seized there values from two hundred million to three hundred trei65u (item 2);
Condemned prisoner from thirteen years to ten years, if the assets were seized worth from three hundred to four hundred million million (paragraph 3);
-Prison sanctions from seven years to twenty years if the assets were seized worth four hundred million to under five hundred million (paragraph 3);
Condemned to life imprisonment, if the assets were seized worth from five hundred million to one billion (clause 4);
Condemned to death, if the property were seized there values from a billion or more (clause 4).
c. with regard to the crime of unauthorized funds (article 175) in case there have been fullest elements constituting the crime of unauthorized funds and just base on the value of the unauthorized funds without extenuating circumstances the provisions of article 38 of the Penal Code and not aggravating the provisions of article 39 of the Penal Code , the need to apply the respective accounts and penalizing the offenders with court level corresponds to the value of the illegal funds as follows:-sanctioned imprisonment from one year to three years, outlined the unauthorized funds worth from fifty million to under a hundred and twenty million (paragraph 1);
Condemned prisoner from three years to five years, if the unauthorized funds valued at one hundred and twenty million to less than two hundred million (paragraph 1);
Condemned prisoner from five years to eight years, if the unauthorized funds valued at two hundred million to under four hundred million (item 2);
Condemned prisoner from eight years to ten years, if the unauthorized funds worth four hundred million to under five hundred million (item 2);
-Sanctioned imprisonment from ten years to thirteen years, if unauthorized funds worth from five hundred million to under eight hundred million (paragraph 3);
Condemned prisoner from thirteen years to fifteen years, if unauthorized funds valued at eight hundred million to one billion (paragraph 3);
Condemned prisoner from fifteen years to eighteen years, if unauthorized funds worth from a billion to one billion five hundred million (clause 4);
Condemned prisoner from eighteen to twenty-five years, if the unauthorized funds valued at one billion five hundred million or more (clause 4).
In case of unauthorized funds valued at two billion five hundred million or more, although there are many extenuating circumstances also have to jail sanctions to the level most of the penalty (clause 4) in the case of unauthorized funds worth two billion five hundred million or more, although there are many extenuating circumstances also have to jail sanctions to the level most of the frame penalty (clause 4).
d) for the crime of receiving bribery (article 226) if only based on the value of the bribes without extenuating circumstances the provisions of article 38 of the Penal Code and not aggravating the provisions of article 39 of the Penal Code, the need to apply the respective accounts and penalizing the offenders with court level corresponds to the value of the bribes are as follows :-sanctioned imprisonment from two years to five years, if the worth of bribes from five hundred thousand Dong to under six million (paragraph 1);
Condemned prisoner from five years to seven years, if the worth of bribes from six million to less than ten million (paragraph 1);
-Prison sanctions from seven years to ten years, if one of the bribes worth from ten million to under thirty million (item 2);
Condemned prisoner from eleven years to fifteen years, if worth of bribes from twenty million to under thirty million (item 2);
Condemned prisoner from fifteen years to eighteen years, if of bribes valued at thirty million to under forty million (paragraph 3);
-Sanction from from eighteen to twenty-five years, if the worth of bribes from forty million to under fifty million (paragraph 3);
Condemned to life imprisonment, if the worth of bribes from fifty million to under a hundred million (paragraph 4).
Condemned to death, if worth of bribes from a hundred million or more (clause 4).
DD) with respect to the crime of giving bribes, the crime of brokering bribes do (article 227) if the only base on the value of the bribes without extenuating circumstances the provisions of article 38 of the Penal Code and not aggravating the provisions of article 39 of the Penal Code, the need to apply the respective accounts and penalizing the offenders with court level corresponds to the value of bribery as follows:-prison sanctions from one year to three years, if the worth of bribes from five hundred thousand to five million dong (paragraph 1);
Condemned prisoner from three years to six years, if the worth of bribes from five million to ten million (paragraph 1);
-Sanctioned imprisonment from six years to ten years, if the worth of bribes from ten million to under twenty million (item 2);
-Sanctioned imprisonment from ten years to thirteen years, if worth of bribes from twenty million to under thirty million (item 2);
Condemned prisoner from thirteen to seventeen years, if of bribes valued at thirty million to under forty million (paragraph 3);
-Prison sanctions from seventeen years to twenty years, if worth of bribes from forty million to under fifty million (paragraph 3);
Condemned to life imprisonment, if the worth of bribes from fifty million to under a hundred and fifty million (clause 4);

Condemned to death, if worth of bribes from a hundred and fifty million or more (clause 4).
e) for the crime of abusing the Office, powers cause applied with others to benefit the axis If just based on the amount or value of the property or other material benefit which the offender profited, no extenuating circumstances the provisions of article 38 of the Penal Code and not aggravating the provisions of article 39 of the Penal Code , the need to apply the respective accounts and penalizing the offenders with the sentence that corresponds to the number of tiềnhoặc property values or other material interests profited are as follows:-sanctioned imprisonment from one year to three years, if the money or property or other material benefits worth five hundred thousand to five million under the contract (paragraph 1);
Condemned prisoner from three years to six years, if the money or property or other material benefits worth from five million to ten million (paragraph 1);
-Sanctioned imprisonment from six years to ten years, if the money or property or other material benefits worth from ten million to under twenty million (item 2);
-Sanctioned imprisonment from ten years to thirteen years, if the money or property or other material benefits worth from twenty million to under thirty million (item 2);
Condemned prisoner from thirteen years to ten years if the money or property or other material benefits valued at thirty million to under forty million (paragraph 3);
-Prison sanctions from haimươi years, if the money or property or valuable material benefits from fifty million or more (clause 4);
Condemned to life imprisonment, if the money or property or valuable material benefits from a hundred million or more (clause 4).
g) practices investigation, prosecution, trial shows there are many criminal cases there are many extenuating circumstances and also many criminal cases are more aggravation; Therefore, applying the framing details about property values are instructions above when there are many extenuating circumstances, aggravating is done as follows:-If the review, reviews in a comprehensive manner the extenuating and aggravating, found that no grounds for mitigation of criminal responsibility for the accused or to criminal liability for being (there is a balance between the extenuating and aggravating new year), then you have to decide for the defendants Court level corresponds to the value of the property is the Guide on this.
-If review, reviews in a comprehensive manner the extenuating and aggravating, seeing that there are extenuating circumstances, no aggravation or there, but there are many extenuating circumstances, then can decide for cáomức projects were low in the penalty, although the value of the property specified in the penalty level is high. Only apply paragraph 3 Article 38 criminal bộluật to decide against the accused a penalty below the lowest level that the law has rules, there are many extenuating circumstances the provisions of article 39 of the Penal Code and the value of the property specified in the penalty have low levels.
-If review, reviews in a comprehensive manner the extenuating and aggravating, seeing that there are many aggravating, no extenuating circumstances or there, but there are many more aggravation, you need to decide for the accused High Court level in the penalty, although the value of the property specified in the penalty have low levels. If the value of the property specified in the penalty level is high, you will need to decide for the accused in most level penalty.
II. Article 2 of the LAW on AMENDMENTS and supplements ...
1. About the drugs, precursors, the media tools on the production or use of illegal drugs.
a) drugs are substances that have been identified and have separate names in science. In article 2 of law amendments, supplements ... has prescribed some drugs specifically gặpnhư: Hêrôin, Côcain often, plastic resin, opium needs, higher côca wrong ... In addition, the law also prescribed the drugs in solid or liquid which does not list that is specific to the substance. So, need to understand the nature of other drugs are drugs that are specified in the international conventions on drug control that Vietnam has participated in addition to the drug substance has been specified in article 2 of the law on amendments and supplements ...) (Attached to this circular contains the list of drugs prescribed in the international treaties to which Vietnam has joined). In case of need to determine is whether or not the drug or drugs, then to referendum examiner. If the substance is assessed but not drugs, but who perform acts that physically it was drugs, then depending on the specific offence which prejudice criminal liability that person according to the charges specified in the respective laws on drug crime.
It should be noted that the opium resin include: opium resin from poppy, the poppy resin has been condensed into the form of glue, shape ... for the solution to drug injecting, is not considered a drug substance in the liquid that needs to determine the concentration of drugs in order to calculate the weight of the drug.
b) precursor used in the illicit manufacture of the drug substance that covers the drug precursors are specific provisions in the International Convention on the control of ma túymà Vietnam has joined (attached to this circular contains directory of drug precursors as defined in the international conventions that Vietnam has joined). In case of need identified is the precursor used in the production of illegal drugs or the referendum examiner.
e) vehicles, tools on the production or the illegal use of drugs is the means and instruments are produced with the function is mainly used in the production or use of illegal drugs or substances but are produced with the aim of common usage in everyday life , but has been used in professional production purposes or unauthorized use of the drug substance.
2. The specific offence a) unauthorized production behavior of drugs prescribed in article 185b behavior is drug substance manufactured from poppy's fruit, leaves, flowers, fruit of the cannabis plant, the leaves of plants Côca well as the drug precursor processing into drugs or drug substances from this into the substance of the regulations contrary to túykhác ma.
Not considered illegal production of drugs commonly used simple behaviors in order to facilitate the use of drugs already available, such as: processing opium into the solution to drug injecting, processing hêrôin from inhalation powder to form cake use ... b) acts of unauthorized possession of drugs prescribed in article 185c behavior is kept illegal substance ma drugs in any place that is not intended for the sale or manufacture of illicit drugs. Long or short storing time has no meaning for the prejudice to criminal responsibility.
The storage of illegal drugs for other people that know the purpose of buying and selling illegal drugs, then this suffering prejudice criminal liability for the crime of "illegal purchase of drugs" with the role of the co-conspirators (the help).
c) unauthorized transport behavior of drugs prescribed in article 185d is shifting behavior illegal drugs from one place to another is done under any form whatsoever without the purpose of sale.
The unauthorized transport of drugs, then this suffering prejudice criminal liability for the crime of "illegal purchase of drugs" with the role of the co-conspirators (the help).

d) behavior of unauthorized purchases of drugs prescribed in article 185d is selling or buying behavior, possession for resale or to produce other drug to unlawful resale, also considered unauthorized purchase behavior drug use behaviours that seem to swap , billing ... illegal.
DD) appropriation acts of drugs prescribed in article 185e is shown one of the acts: Rob, usurp, robbery, the course taken, theft, embezzlement, fraud, abuse of confidence taken ... e) organizational behavior unauthorized use of drugs prescribed in article 185i behavior is preparing the venue (such as : rent location, location ... lend) for the illegal use of drugs; the behavior of preparing the means and instruments for the illegal use of drugs, drug substances brought to the behaviour of the human body other than service.
People would also the Organization of illegal use of drugs, are also acts of unauthorized possession, unauthorized purchases ... drugs, in addition to being prejudice criminal liability on charges of "organizing illegal use of drugs" under article 185i, also suffered prejudice criminal liability for unauthorized possession of a crime of illegal purchase, ... According to the respective laws.
3. About several factors determined guilt or penalty a) Only prejudice criminal liability who does opium Côca cannabis plants, trees, or other tree types of drugs (article 185a) if and only if they have been applied in full all three measures that also violate the Education: has been many times; were made to stabilize the condition of life and were sanctioned administratively.
-Has been many times education is understood to have been organizing state agencies as well as those who have local responsibility from twice over, convincing reminder about not growing poppy crops or other plants containing drugs or common policy as well as the provisions of the law on the prohibition of opium or the other plants containing drugs.
-Was created to stabilize the condition of life is understood to have been in support of capital to production, plant breeding, pets or have been instructed about the breeding, cultivation of fruit trees, crops, food crops replace opium plants or other plants containing drugs ...-Were sanctioned administratively but also violating is understood before that had planting times smoking piện or other plants containing drugs and was sentenced to a punishment in the form of administrative violations, but not all the time limit is considered not yet sanctioned administrative offense, now the poppy crops or other plants containing drugs and detection.
b) episode "guilty many times" prescribed in clause 2 Article 185b, item 2 Article 185c, paragraph 2 article 185d, paragraph 2, item 2 Article 185g 185e, item 2 Article 185h, paragraph 2 Article 185i, item 2 Article 185k, paragraph 2 Article 185m, paragraph 2 Article 185n is understood to have had all of two or more conviction (twice the production of illegal drugs over twice, unauthorized possession of drugs or more...) that each crime has a full constituent elements specified in paragraph 1 to the corresponding legislation; at the same time out of the conviction that there was time yet save for criminal liability. In this case the offender that has not been saved yet once criminal liability. In this case, the offender is subject to criminal liability on the total amount of drugs of the times combined, if the law has provisions on the amount of drugs was framing the penalty.
Who would organize, raped, entice drug use ngườikhác from trởlên although only twice for a person is also considered a crime many times.  
c) episode "crime for many" prescribed in clause 2 Article 185i, item 2 Article 185k, paragraph 2 Article 185m be understood as a specific offence, the offender took offense for two or more people.
d) episode "have more prescribed in clause 2 of this" details "and there is more to the provisions in paragraph 3 of this article," regulation in articles from Article to article 185b 185g, article 185m, article 185i and 185n is understood to be from the two situations provided for in paragraph 3) of the corresponding laws.
e) episode "from the two drugs or over that of the amount of the substance which is equivalent to the number of drugs prescribed in one of the spots from ..." prescribed in clause 2, clause 3 and clause 4 of article 185b and corresponding laws are defined as follows: * the first case : If the drugs that are prescribed in the same point, then plus the weight of the drugs that together and compare with regulations on weight in corresponding laws to truycứu to criminal offenders according to the law of that.
For example, A person who produced three hundred grams of opium resin and three hundred grams of cannabis resin. Due to the resin of cannabis resin and opium was prescribed in the same paragraph 2, point b DD point paragraph 3, point a paragraph 4 to article 185b, so just plastic weight plus opium and cannabis resin by six hundred grams (300 g + 300 g = 600 g). Compare with weight regulations in article 185b, then the offender suffers prejudice criminal liability according to point d item 2 Article 185b.
* The second case-If the drugs that are prescribed in the different points of the same item 2 (or the same paragraph 3) of the Article 185b and corresponding laws, then there is no need to determine the total quantity of the drug substance to apply details: "two or more drugs that the total quantity ..." which apply details "have more rules in clause 2 this "or" that many of the details specified in paragraph 3 of this article "as defined in paragraph 3 or paragraph 4 to the corresponding laws.
* The third case If drug substances that are below the minimum weight specified in clause 2 (i.e. in paragraph 1) of the corresponding laws, determining the total quantity of the drug substance that are as follows:-determine the percentage of the weight of each drug substance compared to the minimum level stipulated in clause 2 of the corresponding laws for nature drugs that at points respectively.
-The percentage of weight of each drug substance together.
If the total of the percentage of the weight of the drug substance is below 100%, then the offender just being prejudice criminal liability under paragraph 1 of this law. If from 100% back-up, then the offender suffers prejudice criminal liability according to the framing details: "two drug substance over that of the amount of the substance which is equivalent vớislu of drugs prescribed in one of the spots from ..." prescribed in clause 2 of the corresponding laws.
For example: A person who produced two hundred grams of cocaine and two grams of plastic Hêrôin. In this case the total quantity of the drug substance are determined as follows: + the percentage of weight of opium resin than the minimum levels prescribed in clause 2 Article 185b for opium resin is 40% (two hundred grams compared with five hundred grams).
+ The percentage of weight of Hêrôin compared to the minimum level stipulated in item 2 Article 185b for Hêrôin is 40% (two grams compared to five grams).
+ The total percentage of the weight of the two plastic poppy and Hêrôin is 80%(40% + 40%).
In this case, the total percentage of the weight of the drug substance under 100%, so the offender just being prejudice criminal liability according to paragraph 1 Article 185b.
Second example: A person who produced four hundred grams of opium resin and three grams of Hêrôin. By defining as the first example we have:

+ The percentage of weight of opium resin than the minimum levels prescribed in clause 2 Article 185b for opium resin is 80% (four hundred grams compared with five hundred grams).
+ The percentage of weight of Hêrôin compared to the minimum level stipulated in item 2 Article 158b toward Hêrôin is 60% (three grams compared to five grams).
+ The total percentage of the weight of plastic substances both opium and Hêrôin is 140%(80% + 60%).
In this case, the total percentage of the weight of the drug substance is on 100%, so the offender suffers prejudice criminal liability under points i item 2 Article 185b.
* The fourth case: If in the drug substance, drug substance with the weight prescribed in paragraph 1, have the weight of drugs prescribed in clause 2 (or 3) or of drugs with the weight specified in paragraph 2, have the weight of drugs prescribed in clause 3 of the corresponding laws , then how to determine the total number of drug substances which are as follows:-determine the percentage of the weight of the drugs weigh more than the minimum level prescribed for that drug substances in paragraph 3 or paragraph 4 of this law (if the drugs had the most weight in item 2, then compared with the minimum level of drug substances that prescribed in clause 3 and if in paragraph 3, the minimum extent compared to the provisions in clause 4).
-Determine the percentage of the weight of the other drug substance compared to the minimum level prescribed for that drug substances in paragraph 3 or paragraph 4 of this law stipulates the minimum level respectively for the drug substance has the most weight;
-The percentage of weight of each drug substance together.
If the total of the percentage of the weight of the drug substance is from 100% back-up, then the offender suffers prejudice criminal liability according to the framing details: "two drug substance over which of the quantity of the substance that is equivalent to the number of drugs prescribed in one of the spots from ..." of paragraph 3 or paragraph 4 of corresponding laws have minimum regulations for the drug substance has the most weight.
For example: A person who produced four hundred grams of opium resin and twenty-four grams of Hêrôin. In this case Hêrôin has in the amount in item 2 Article 185b, longer drug phiệm drug weight plastic item 1 Article 185b; Thus, Hêrôin has the most weight. The total quantity of the drug substance are determined as follows: + the percentage of weight of Hêrôin compared to the minimum level stipulated in paragraph 3 Article 185b is 80% (twenty four grams compared to thirty grams).
+ The percentage of weight of opium resin than the minimum level specified in paragraph 3 article 185b is 40% (bốm hundred grams than a kilogram).
+ The total percentage of the weight of the two plastic poppy and Hêrôin is 120% (80% + 40%).
In this case, the total percentage of the weight of the drugs on 100%, so the offender suffers prejudice criminal liability under points e 3 paragraph article 185b.
Second example: A person who produced four half kilogram opium resin and four grams of Hêrôin. In this case the opium resin weighing in paragraph 3 Article 185b, also Hêrôin there weight in clause 1 Article 185b: thus, the poppy resin has the most weight. The total quantity of the drug substance are determined as follows: + the percentage of weight of opium resin than the minimum levels prescribed in paragraph 4 to article 185b is 90% (four half kilogram compared to five kilogram);
+ The percentage of weight of Hêrôin compared to the minimum level prescribed in paragraph 4 to article 185b is 4% (bốm grams compared with a hundred grams).
+ The total percentage of the weight of the two plastic poppy and Hêrôin is 94% (90% + 4%).
In this case, the total percentage of the weight of the drug substance under 100%, so the offender just being prejudice criminal liability under paragraph 3 to article 185b.
Third example: a four kilogram opium resin production and twenty grams of Hêrôin. In this case, the amount of opium resin in point b paragraph 3, also hêrôin in the point e clause 2 Article 185b; Therefore, the poppy resin has the most weight. The total quantity of the drug substance are determined as follows: + the percentage of weight of opium resin than the minimum levels prescribed in paragraph 4 to article 185b is 80% (four kilogram compared to five kilograms).
+ The percentage of weight of Hêrôin compared to the minimum level prescribed in paragraph 4 to article 185b is 20% (twenty grams compared with a hundred grams).
+ The total percentage of the weight of the two plastic poppy and Hêrôin is 100% (80% + 20%).
In this case, the total percentage of the weight of the drugs was 100%, so the offender suffers prejudice criminal liability under paragraph 4 to article 185b Ridin points.
4. Applying the framing details about a drug substance weight) for the crime of illegal production of drugs (article 185b) crime of unauthorized purchases of drugs (article 185d), the crime of appropriation of drugs (article 185e) if only based on the weight of drugs without extenuating circumstances the provisions of article 38 of the Penal Code and also no aggravating rules defined in article 39 of the Penal Code, the need to apply the respective accounts and penalizing the offender project level corresponds to the weight of drugs are as follows:-sanctioned prison from three years to 10 years (clause 1 Article 185b, paragraph 1 article 181, paragraph 1/e 185e Thing) if opium resin, Resin + marijuana or high côca weight under three hundred grams;
+ Hêrôin or Côcain weighing three grams;
+ Leaves, flowers, fruits or leaves of cannabis côca (except Article 185b) weighing six kilograms;
+ Results of dry opium (except Article 185b) has a weight of under thirty kilograms;
+ Fresh poppy Fruit (except Article 185b) weighing six kilograms;
+ Other drug substances in solid weighing twelve grams of other drug substances: + in liquid under sixty mililít.
+ Two drug substance over which of the quantity of the substance that under 60% (according to calculation instructions in e category 3 above).
-Sanctioned imprisonment from ten years to thirteen years (item 2 Article 185b, item 2 Article 185 dd, item 2 Article 185e) if opium resin, Resin + marijuana or high côca weighs from five hundred grams to under eight hundred grams;
+ Hêrôin or Côcain with the weight in grams to under twenty grams;
+ Leaves, flowers, fruits or leaves of cannabis côca (except Article 185b) weighs from ten kilogram to under twenty kilograms;
+ Fresh poppy Fruit (except Article 185b) weighs from ten kilogram to under thirty-five kilogram;
+ Other drug substances in solid weighing from twenty grams to below seventy grams;
+ Other drug substances in liquid from one hundred to two hundred mililít under mililít;
+ There are two drugs that trởlên the total amount of the substance under 200% (according to calculation instructions in e category 3 above).
Condemned prisoner from thirteen years to fifteen years (item 2 Article 185b, item 2 Article 185 dd, item 2 Article 185e) if opium resin, Resin + marijuana or high côca weight from eight hundred grams to below one kilogram;
+ Hêrôin or Côcain with the weight from twenty grams to under thirty grams;
+ Leaves, flowers, fruits or leaves of cannabis Côca (except Article 185b) weighing from twenty to twenty-five kilogram kilogram;
+ Results of dry opium (except Article 185b) weighing from one hundred and fifty to two hundred kilogram under kilogram;
+ Fresh poppy Fruit (except Article 185b) weighing from thirty to fifty kilogram kilogram;
+ Other drug substances in solid weight from seventy grams to under a hundred grams;

+ Other drug substances in liquid from two hundred to two hundred and fifty mililít mililít;
+ Two or more drugs that the total number of the substance from 200% or more according to calculation instructions at emục point 3 above).
Condemned prisoner from fifteen years to eighteen years (paragraph 3 Article 185b, paragraph 3 to article 185d, paragraph 3 Article 185e), if opium resin, Resin + marijuana or high côca with the weight from one kilogram to kilogram: year three surgery + Hêrôin or côcain that weighs from thirty grams to below seventy grams;
+ Leaves, flowers, fruits or leaves of cannabis côca (except Article 185b) weighing from two mưới five kilograms to less than sixty kilograms;
+ Results of dry opium (except article 185b) weighing from two hundred kilograms up to under four hundred fifty kilogram;
+ Fresh poppy Fruit (except Article 185b) weigh from fifty kilogram to under a hundred ten kilograms;
+ Other drug substances in solid with the weight from one hundred grams to under two hundred twenty grams;
+ Other drug substances in thểlỏng from two hundred and fifty mililít to under five hundred fifty mililít.
+ Two or more drugs that the total number of the substance under 200% (according to calculation instructions in e category 3 above).
Condemned prisoner from eighteen to twenty-five years (paragraph 3 Article 185b, paragraph 3 Article 185 dd, paragraph 3 Article 185e) if opium resin, Resin + marijuana or high côca has a weight of three half-kilogram to under five kilogram;
+ Hêrôin or côcain with the weight from seventy grams to under a hundred grams;
+ Leaves, flowers, fruits or leaves of cannabis she ca (except Article 185b) weighing from sixty to seventy-five kilogram kilogram;
+ Results of dry opium (except Article 185b) weighing from four hundred years mươikilôgam to under six hundred kilograms;
+ Fresh poppy Fruit (except Article 185b) weighing from one hundred ten kilogram to under a hundred and fifty kilogram;
+ Other drug substances in a solid can weigh from grams to under two hundred twenty three hundred grams;
+ Other drug substances in liquid from five hundred fifty-seven hundred and fifty to mililít mililít;
+ Two or more drugs that the total number of the substance from 200% or more (according to calculation instructions in e category 3 above).
Condemned to life imprisonment (paragraph 4 Article 185b, paragraph 4 Article 185 dd, paragraph 4 Article 185e) if opium resin, Resin + marijuana or high côca weight in kg: + Hêrôin or côcain has a weight of one hundred grams;
+ Leaves, flowers, fruits or leaves of cannabis côca (except Article 185b) weighs seventy kilograms;
+ Results of dry opium (except article 185b) has a weight of six hundred kilograms;
+ Fresh poppy Fruit (except Article 185b) has a weight of one hundred and fifty kilogram;
+ Other drug substances in solid weight three hundred grams;
+ Other drug substances in liquid seven hundred and fifty mililít;
+ Two or more drugs that the total number of the substance under 200% (according to calculation instructions in e category 3 above).
-Penalizing penalty (clause 4 Article 185b, paragraph 4 Article 185 paragraph 4 e 185e Thing), if opium resin, Resin + marijuana or high you ca have the weight on in kilograms;
+ Hêrôin or côcain have weight on one hundred grams;
+ Leaves, flowers, fruits or leaves of cannabis côca (except article 185b) has weight on seventy kilograms.
+ Results of dry opium (except article 185b) has a weight of over six hundred kilograms;
+ Other drug substances in solid with the weight from above three hundred grams;
+ The substance in liquid túykhác ma on seven hundred and fifty mililít;
+ Two or more drugs that the total number of the substance from 200% or more (according to calculation instructions in e category 3 above).
b. with respect to the crime of unlawful possession of drugs (article 185c) crime of illegal transportation of drugs (article 185d) * Who would illegally storing, improper transportation of drugs in one of the following numbers do not aim to buy sell or produce illegal drugs, not to the point of being blind to criminal , but are dealt with administratively, opium Resin + cannabis resin or high côca weighing one gram: + Hêrôin or Côcain surgery not a weighing grams;
+ Leaves, flowers, fruits or leaves of cannabis weighing one kilogram côca;
+ Results of dry opium weighing kilograms;
+ Results of fresh opium weighing a kilogram + The other drugs in the liquid below in mililít.
* However to note the following case: + The unauthorized possession of any improper transportation, one of the drug substance with the weight to be a guide on here do not aim to buy sell or produce illegal drugs, which has been educating many times and has been handled by administrative measures taken on the basis of healing required , it must be prejudice criminal liability under article 185l of the crime of "illegal use of drugs".
+ Who was convicted on charges of possession of illegal drugs or illegal transportation of drugs that have not been deleted projects now storing unauthorised or improper transportation one of the drug substance with the weight to be a guide on this, they must suffer prejudice criminal liability according to paragraph 1 Article 185c or article 185d paragraph 1 respectively who examined unauthorised or illegal transportation of drugs from the two older drugs that each has the weight to be a guide on this.
If only based on the weight of drugs without extenuating circumstances the provisions of article 38 of the Penal Code and not aggravating the provisions of article 39 of the Penal Code, the need to apply the respective accounts and penalizing the offender project level corresponds to the weight of drugs as follows :-sanctioned imprisonment from two years to five years (paragraph 1 Article 185c, paragraph 1 Article 185d), if the poppy resin, Resin + marijuana or high côca has a weight from a grams to under three hundred grams.
+ Hêrôin or côcain has a weight of three grams to under five grams;
+ Leaves, flowers, fruits or leaves of cannabis côca there weight from six kilograms to less than ten kilograms;
+ Results of dry opium weighing from thirty to fifty kilogram kilogram;
+ Results of fresh opium weight from six kilogram to under ten kilograms;
+ Other drug substances in solid weighing from twelve grams to under twenty grams;
+ Other drug substances in liquid from under a hundred to sixty mililít mililít;
+ Two or more drugs that the total number of the substance from 60% to below 100% (according to calculation instructions in e category 3 above).
Condemned prisoner from seven to eleven years (item 2 Article 185c, paragraph 2 Article 185d), if the poppy resin, Resin + marijuana or high côca weighs from five hundred grams to under eight hundred grams;
+ Hêrôin or côcain with the weight in grams to under twenty grams;
+ Leaves, flowers, fruits or leaves of cannabis côca there weight from ten kilogram to under twenty kilograms;
+ Results of fresh opium weigh from fifty to one hundred fifty kilogram kilogram;
+ Results of fresh opium weigh from ten kilogram to under thirty-five kilogram;
+ Other drug substances in solid weighing from twenty grams to below seventy grams;
+ The other narcotics in liquid from one hundred to two hundred mililít under mililít.
+ Two or more drugs that the total number of the substance under 200% (according to the instructions in point e item 3 above).
-Sanctioned imprisonment from one year to 15 years (item 2 Article 185c, paragraph 2 Article 185d), if the poppy resin, Resin + marijuana or high côca weight from eight hundred grams to below one kilogram;
+ Hêrôin or côcain with the weight from twenty grams to under thirty grams;
+ Leaves, flowers, fruits or leaves of cannabis côca there weight from twenty to twenty-five kilogram kilogram;

+ Results of dry opium weighing from one hundred and fifty kilogram to under two hundred kilograms;
+ Results of fresh opium weighing from thirty kilograms to under five mươikilôgam;
+ The other narcotics in solid weight from seventy grams to under a hundred grams;
+ Other drug substances in liquid from two hundred to two hundred and fifty mililít mililít;
+ Two or more drugs that the total number of the substance from 200% or more (according to calculation instructions in e category 3 above).
* When applying the clause 3.4 185c Thing and paragraph 3, Article 4, 185d needs sanction jail project level corresponds to the weight of drugs similar to the application of paragraph 3, Article 4, paragraphs 3, 4, 185b Article 185d and paragraph 3, Article 4, point a a instructions 185e item 4.
c) practicality investigation, prosecution, trial shows there are many criminal cases there are many extenuating circumstances and also many criminal cases are more aggravation: thus, applying the framing details about the weight of drugs was the Guide on here when there are many extenuating aggravating as follows:-If the review of reviews in a comprehensive manner the extenuating and aggravating that found that no grounds for mitigation of criminal responsibility for the accused or to criminal liability for the defendant (the symmetry between the extenuating and aggravating) , it must sanction the defendants Court level corresponds to the weight of drugs was the Guide on here:-If the review of reviews in a comprehensive manner the extenuating circumstances and the difficulty that gnặng see that there are many extenuating circumstances, no aggravating or extenuating circumstances but there is more than , it may sanction the defendants court levels low in the penalty, although the weight of drugs prescribed in the penalty level is high. Only apply paragraph 3 to article 38 of the Penal Code to punish the accused a penalty below the lowest level that the law already stipulates that when there are many extenuating circumstances the provisions in paragraph 1, item 2 Article 38 of the Penal Code, without aggravating the provisions of article 39 of the Penal Code and in the amount of drugs prescribed in the penalty low.
-If review reviews in a comprehensive manner the extenuating and aggravating that found that there are many aggravating, no extenuating circumstances or there, but there are many more aggravation, then the need to sanction the accused High Court level of penalty has low. If the weight of drugs prescribed in the penalty level is high, had to punish the accused for the highest level of projects in the frame of the penalty.
5. The prejudice criminal liability in the case of multiple offences a) Who would perform various offences in articles from Cigarettes to which these acts 185e 185a which are closely related to each other (this offence as a condition to wake or is the result of the other offence) the prejudice, the criminal responsibility of the offence according to the law has prescribed heavier charges. More severe offence is crime highest penalty level higher. In the case of the highest penalty level is equal, then the more severe offence offence penalty level is the starting point.
For example, A person who illegally produced Hêrôin then shipped illegally to a new location and unauthorized possession of Hêrôin. In this case the offender suffers prejudice criminal liability on charges of "illegal production of drugs" under article 185b.
In case the above offence laws have provisions in different charges, but all had the penalty the coa for equal and equal starting point penalty, the offender being prejudice criminal liability on offense was first implemented by the respective charges.
For example, A person who seized the drugs in liquid and bring to the sale of that drug. In this case the offender suffers prejudice criminal liability for seized narcotics under 185e.
b) Who would perform various offences stipulated in articles from Article to article 185a 158e which acts do independently of each other, then being prejudice criminal liability of independence according to the corresponding law.
For example, A person who illegally purchase Hêrôin arrested, when the examination discovered that the House also produce opium. In this case the offender suffers prejudice criminal liability for the crime of "illegal purchase of drugs" under article 185d and the crime of "illegal production of drugs" under article 185b.
c) 185g Thing prescribed four offences: possession, transportation, sale, tiềnc threw the seized the illegal production of drugs and 185h also defined four offences: production, storage, transport, sale and purchase of vehicles, tools used in the production or the illegal use of drugs. In case the offender do one or many of the offence depends on the particular case which was saved in criminal responsibility as follows:-who made one of the offence as defined in article 185g (or according to the provisions of article 185h) being prejudice criminal liability with the name charges on criminal violations have made according to relative laws the client application.
For example, A person who only buy sell precursor used in the illicit manufacture of drugs, being prejudice to criminal offence "buy sell precursor used in the production of illegal drugs," according to 185g.
-Who would perform various offences as defined in article 185g (or according to the provisions of article 185h) that the acts that are closely related to each other (this offence as a condition to implement or is the result of the other offence), then being prejudice criminal responsibility with full charges for the acts made under article the respective law and only incur any penalties.
For example, a sale of precursors used in the production of drugs and unlawful transport to a new location and storing money that substance, shall be liable to prejudice the name is: "the sale, transport, possession of a substance used to direct the production of illegal drugs," according to 185g and only incur a penalty.
-Who would perform various offences as defined in article 185g (or according to the provisions of article 185h) that the behavior that is independent of each other, then being prejudice criminal liability independent of which he had made. When the trial court shall apply to article 41 of the Penal Code to decide the punishment.
For example, A person who purchases a type common precursors to the unauthorized production of the substance t1uy and ma was arrested, when people discovered that home screening is also storing a sort of precursor to the other. In this case the offender being prejudice to criminal offence "tiềnc threw the purchase the production of illegal drugs" and guilty of "possession of precursors used in the illicit manufacture of drugs" are both under article 185g (However the specific case which applied the corresponding penalty for each offence).
III. On article 3 and article 4 of LAW AMENDMENTS, supplements ...
1. On a number of specific offences a) sexual juveniles stipulated in article 113a is the behavior of the offender used any th3u đaọn cause juvenile subject themselves or minors are in term of technology status must reluctantly.
b) acts with children stipulated in article 114 is the behavior of sex offenders with children having the agreement: consent of children and having sex that is not because of any physical properties.

c) behavior of buying porn juveniles stipulated in article 202a is the behavior of the offender used the material bought minors to minors consent to sex.
d) lewd acts against children specified in article 202b is the behavior of the offender, such as touch, squeeze ... on the sexual arousal of the children or forcing children to act as touch, squeeze ... on the sexual arousal of the person or property of others but not having sex with children.
2. About some details as framing elements of punishment a) episode "has properties" defined in item 2 Article 112a, paragraph 2 Article 113a, item 2 Article 114, Article 112, paragraph 2 of Rome erupted k 2 Article 113 is understood to have rape offenders, sexual, sex with people of the same blood line of direct , with his chĩ children of the same parents, brothers and sisters of the same father or mother on the other.
b) episode "many assaults a person of" prescribed in paragraph 3 Article 112a, paragraph 2 Article 112 and many sexual situations "person" as defined in paragraph 3 Article 113a, item 2 Article 115 was interpreted as two or more people assault one person or sexual person are also considered "many assaults a person" or "many sexual person" , if two or more people consulted together is tá6t both will turns to rape a person or a sexual person, but the process made offences then just one or a few people who have done acts of rape or sexual abuse.
Not considered "many assaults a person" or "many sexual person", if two or more people together organization structure, help for one of them rape a person or a sexual crime, and also the only one who rape or sexual abuse.
c) episode "guilty many times" prescribed in paragraph 3 Article 112a, paragraph 4 Article 113a, item 2 Article 114, paragraph 2 Article 201, paragraph 2 Article 137 is understood to have had all of two or more conviction (rape twice over, twice sexually over ...) and each offence are full of elements that constitute the provisions in paragraph 1 corresponding laws simultaneously, in the conviction that chưac ó times would suffer prejudice criminal liability.
Also considered as guilty many times who would rape, sexual step sex ... from twice or more for one person.
d) episode "have more prescribed in clause 2 of this" details "and there is more to the provisions in paragraph 3 of this article," regulation in a number of laws respectively of article 3 and article 41 of law amendments, supplements ... is understood to be from the two conditions specified in paragraph 2 or paragraph 3 of this law respectively.
DD) is considered the episode "property has the value" specified in item 2 Article 134 if valuable assets from seventy million to less than two hundred and fifty million.
e) considered the episode "great value property" as defined in paragraph 3 Article 134, if valuable assets from two hundred and fifty million to under four hundred fifty million.
g) considered the episode "property has the special value", prescribed in paragraph 4 to article 134, if valuable assets from four hundred and fifty million.
3. The application of paragraph 4 to article 112a.
When applying paragraph 4 Article 112a shall sanction the offender needs the level of judgment as tough if the age of the victim as small; namely: a) penalizing, twenty years imprisonment if the victim is the child from six years old enough to not enough years.
b) sanctions life imprisonment or the death penalty if the victim is not enough children six years of age;
c) in the case of much aggravation stipulated in article 39 of the Penal Code or details framing the provisions in paragraph 2, paragraph 3 Article 112a (amendment, addition, ...), although the victim's children from six years, enough must also sanctions life imprisonment or the death penalty.
C. ABOUT The WAY YOU HANDLE 1. Since 22-5-1997 onwards people would make one of the offences set forth in the law on amendments and supplements ... strict sanctions must be in accordance with the provisions of this law.
2. If before January 22-5-1997 who made one of the offences set forth in the law on amendments and supplements ... in the direction of more severe, then however must apply the provisions of the criminal code to punish them, but there are references to the new regulations of the law on amendments and supplements to decide on punishment for satisfactory.
3. In the case of a person being prosecuted, the prosecution, the trial of a criminal with multiple offences (for example, many acts of unauthorized purchases of drugs), including acts done before November 22-5-1997, has made from 22-50-1997 onwards, the application of the law has been modified under the revised Law, Supplement, supplements ... to hearing (in the above example it must apply Article 185), but when sentencing to consider the number and the nature of the acts done before as well as of the acts is made from 22-5-1997 onwards to decide a penalty for satisfactory for all the acts.
D. EFFECT of this circular in force since 17-01-1998 and replaces circular No. 09/TTLN industry on 10-10-1996 and other related documents of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of the Interior instructed the investigation, prosecution and adjudication of drug offences and other crimes are modified In addition, the law on amendments and supplements ...
In the process of implementation of this circular, if there are problems, the investigation, prosecution, trial to immediately report to the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Interior to have timely instructions./.