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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 19/2018/ND-CP
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Hanoi, February
02, 2018
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DECREE
PROVIDING
FOR DETERMINATION OF TOTAL QUANTITY OF NARCOTIC SUBSTANCES PRESCRIBED IN THE
CRIMINAL CODE IN 2015
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Criminal Code dated November 27,
2015 and the Law on amendments to the Criminal Code dated June 20, 2017;
Pursuant to the Resolution No. 41/2017/QH14
dated June 20, 2017 by the National Assembly on implementation of the Criminal
Code No. 100/2015/QH13 as amended by the Law No. 12/2017/QH14 and entry into
force of the Criminal Procedure Code No. 101/2015/QH13, the Law on Organization
of Criminal Investigation Bodies No. 99/2015/QH13, and the Law on temporary
detention or custody No. 94/2015/QH13;
At the request of Minister of Public Security;
The Government promulgates a Decree providing
for determination of total quantity of narcotic substances prescribed in the
Criminal Code in 2015.
Chapter I
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Article 1. Scope
This Decree deals with the determination of total
quantity of narcotic substances prescribed in Point k Clause 2, Point e Clause
3, Point dd Clause 4 Article 248; Point i Clause 1, Point n Clause 2, Point h
Clause 3, Point h Clause 4 Article 249; Point i Clause 1, Point o Clause 2,
Point h Clause 3, Point h Clause 4 Article 250; Point p Clause 2, Point h
Clause 3, Point h Clause 4 Article 251 and Point i Clause 1, Point n Clause 2,
Point h Clause 3, Point h Clause 4 Article 252 of the Criminal Code No.
100/2015/QH13 dated November 27, 2015 as amended by the Law No. 12/2017/QH14
dated June 20, 2017 (hereinafter referred to as the “Criminal Code 2015”).
Article 2. Regulated entities
This Decree applies to authorities, proceeding
officers and other authorities, organizations and individuals involved in
determination of total quantity of narcotic substances.
Article 3. Rules for
determination of total quantity of narcotic substances
1. Total quantity of narcotic substances must be
determined in an objective and scientific manner in conformity with the methods
and procedures laid down herein.
2. Quantifies of narcotic substances as prescribed
herein are the actual quantities of narcotic substances collected or proved to
get involved in specific offences during the process of investigation,
prosecution or trial. The opium containing 10% morphine shall be used as the
basis for determination of the quantity of opium contained in dross opium,
diluted tincture of opium or opium mixture.
3. If the percentage ratio of quantity of each
narcotic substance determined under the provisions herein is a decimal number,
it shall not be rounded and include one digit after the decimal point.
Chapter II
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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:
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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:
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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.
Chapter III
IMPLEMENTATION
PROVISIONS
Article 7. Entry into force
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Article 8. Responsibility for
implementation
1. Ministers, heads of ministerial-level agencies,
heads of the Government’s affiliates, Chairpersons of People’s Committees of
provinces and central-affiliated cities and heads of relevant agencies,
organizations and individuals shall be implement this Decree.
2. The Ministry of Public Security shall take
charge and cooperate with the People’s Supreme Court and the People’s Supreme
Procuracy to instruct, expedite and inspect the implementation of this
Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
APPENDIX
DETERMINATION OF TOTAL QUANTITY OF NARCOTIC SUBSTANCES
IN SPECIFIC CASES
(Enclosed with the Government’s Decree No. 19/2018/ND-CP dated February 02,
2018)
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E.g.: There is a person illegally dealing in 03
grams of heroin, 03 grams of cocaine, 03 grams of methamphetamine, 20 grams of
amphetamine and 20 grams of MDMA. Total quantity of narcotic substances in this
case shall be determined as follows:
Pursuant to Article 251 of the Criminal Code 2015
(Illegal deal in narcotic substances), all narcotic substances in this case,
including heroin, cocaine, methamphetamine, amphetamine and MDMA, are
prescribed in the one point of a clause of Article 251 of the Criminal Code
2015 (including: Point i Clause 2; Point b Clause 3; Point b Clause 4), total
quantity of these narcotic substances shall be determined under the provision
of Article 4 herein. To be specific:
- Total quantity of these 05 narcotic substances =
03 grams + 03 grams + 03 grams + 20 grams + 20 grams = 49 grams.
- By reference to the provision of Point i Clause
2, or Point b Clause 3, or Point b Clause 4 Article 251 of the Criminal Code
2015, total quantity of 05 narcotic substances in this case is equivalent to
the quantity of heroin, cocaine, methamphetamine, amphetamine and MDMA
prescribed in Point b Clause 3 Article 251 of the Criminal Code 2015.
- Determination of applicable point, clause and
article of the law: It is found that the total quantity of 05 narcotic
substances in this case, including heroin, cocaine, methamphetamine,
amphetamine and MDMA, is subject to the provision of Point h Clause 3 Article
251 of the Criminal Code 2015: “h) The offence involves ≥ 02 narcotic
substances the total quantity of which is equivalent to the quantity of
narcotic substances specified in Point a through g of this Clause”.
II. Determination of total
quantity of narcotic substances in case different narcotic substances 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 (as regulated in
Article 5 herein)
1. In case the quantities of these 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:
E.g.: There is a person appropriating 03 kg of
dried opium poppy fruits and 0.7 kg of fresh opium poppy fruits. Total quantity
of these 02 narcotic substances in this case is determined as follows:
Pursuant to the provisions of Article 252 of the
Criminal Code 2015 (Appropriation of narcotic substances), 03 kg of dried opium
poppy fruits in this case is smaller than the minimum amount prescribed in
Point dd Clause 1 Article 252 of the Criminal Code 2015 and 0.7 kg of fresh
opium poppy fruits in this case is also smaller than the minimum amount
prescribed in Point e Clause 1 Article 252 of the Criminal Code 2015. Hence,
total quantity of these 02 narcotic substances in this case shall be calculated
under the provision of Clause 1 Article 5 herein. To be specific:
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+ The percentage ratio of quantity of dried opium
poppy fruits in this case to the minimum amount thereof prescribed in Point dd
Clause 1 Article 252 is 60% (03 kg/ 05 kg).
+ The percentage ratio of quantity of fresh opium
poppy fruits in this case to the minimum amount thereof prescribed in Point e
Clause 1 Article 252 is 70% (0.7 kg/ 01 kg).
- The quantity percent of dried opium poppy fruits
and that of fresh opium poppy fruits are added together to reach the total
quantity percent of two narcotic substances in this case: 60% + 70% = 130%
(>100%). Because this total quantity percent is greater than 100%, the
percentage ratios of quantity of dried opium poppy fruits and that of fresh
opium poppy fruits to corresponding minimum amounts prescribed in Clause 2
Article 252 of the Criminal Code 2015 shall be calculated to determine whether
the total quantity of dried opium poppy fruits and fresh opium poppy fruits is
subject to the provision of Clause 2 Article 252 of the Criminal Code 2015 or
not. To be specific:
+ The percentage ratio of quantity of dried opium
poppy fruits in this case to the minimum amount thereof prescribed in Point i
Clause 2 Article 252 is 06% (03 kg/ 50 kg).
+ The percentage ratio of quantity of fresh opium
poppy fruits in this case to the minimum amount thereof prescribed in Point k
Clause 2 Article 252 is 07% (0.7 kg/ 10 kg).
+ The total quantity percent of dried opium poppy
fruits and fresh opium poppy fruits is: 06% + 07% = 13% (<100%).
- Determination of applicable point, clause and
article of the law: Because the sum of the percentage ratios of quantity of
dried opium poppy fruits and that of fresh opium poppy fruits to the
corresponding minimum amounts prescribed in Clause 2 Article 252 of the
Criminal Code 2015 is smaller than 100%, total quantity of these two substances
shall be subject to the provision of Point i Clause 1 Article 252 of the
Criminal Code 2015: “ “i) The offence involves ≥ 02 narcotic substances the
total quantity of which is equivalent to the quantity of narcotic substances
specified in Point b through h of this Clause.”.
2. In case the quantities of these narcotic
substances are all smaller than corresponding minimum amounts prescribed in
Clause 2 of one of Articles 249, 250 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 1 of the same article:
E.g.: There is a person illegally possessing 400
grams of coca glue, 900 grams of coca leaves, 45 kg of dried opium poppy
fruits, 900 grams of fresh opium poppy fruits and 95 ml of other liquid
narcotic substances. Total quantity of 05 narcotic substances in this case is
determined as follows:
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- Determination of the percentage ratios of
quantity of coca glue, coca leaves, dried opium poppy fruits, fresh opium poppy
fruits and other liquid narcotic substances to the corresponding minimum
amounts prescribed in Clause 2 Article 249 of the Criminal Code 2015:
+ The percentage ratio of quantity of coca glue in
this case to the minimum amount thereof prescribed in Point e Clause 2 Article
249 of the Criminal Code 2015 is 80% (400 g/ 500 g).
+ The percentage ratio of quantity of coca leaves
in this case to the minimum amount thereof prescribed in Point h Clause 2
Article 249 of the Criminal Code 2015 is 9% (900 g/ 10 kg).
+ The percentage ratio of quantity of dried opium
poppy fruits in this case to the minimum amount thereof prescribed in Point i
Clause 2 Article 249 of the Criminal Code 2015 is 90% (45 kg/ 50 kg).
+ The percentage ratio of quantity of fresh opium
poppy fruits in this case to the minimum amount thereof prescribed in Point k
Clause 2 Article 249 of the Criminal Code 2015 is 9% (900 g/ 10 kg).
+ The percentage ratio of quantity of other liquid
narcotic substances in this case to the minimum amount thereof prescribed in
Point m Clause 2 Article 249 of the Criminal Code 2015 is 95% (95 ml/ 100 ml).
- The total quantity percent of 05 narcotic
substances in this case: 80% + 9% + 90% + 9% + 95% = 283% (>100%). Because
this total quantity percent is greater than 100%, the percentage ratios of
quantities of these 05 narcotic substances to corresponding minimum amounts
prescribed in Clause 3 Article 249 of the Criminal Code 2015 shall be
calculated to determine whether the total quantity of these 05 narcotic
substances is subject to the provision of Clause 3 Article 249 of the Criminal
Code 2015 or not. To be specific:
+ The percentage ratio of quantity of coca glue in
this case to the minimum amount thereof prescribed in Point a Clause 3 Article
249 of the Criminal Code 2015 is 40% (400 g/ 01 kg).
+ The percentage ratio of quantity of coca leaves
in this case to the minimum amount thereof prescribed in Point c Clause 3
Article 249 of the Criminal Code 2015 is 3.6% (900 g/ 25 kg).
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+ The percentage ratio of quantity of fresh opium
poppy fruits in this case to the minimum amount thereof prescribed in Point dd
Clause 3 Article 249 of the Criminal Code 2015 is 1.8% (900 g/ 50 kg).
+ The percentage ratio of quantity of other liquid
narcotic substances in this case to the minimum amount thereof prescribed in
Point g Clause 3 Article 249 of the Criminal Code 2015 is 38% (95 ml/ 250 ml).
+ Total quantity percent of these 05 narcotic
substances: 40% + 3.6% + 22.5% + 1.8% + 38% = 105.9% (>100%). Because this
total quantity percent is greater than 100%, the percentage ratios of
quantities of these 05 narcotic substances to corresponding minimum amounts
prescribed in Clause 4 Article 249 of the Criminal Code 2015 shall be
calculated to determine whether the total quantity of these 05 narcotic
substances is subject to the provision of Clause 4 Article 249 of the Criminal
Code 2015 or not. To be specific:
The percentage ratio of quantity of coca glue in
this case to the minimum amount thereof prescribed in Point a Clause 4 Article
249 of the Criminal Code 2015 is 8% (400 g/ 05 kg).
The percentage ratio of quantity of coca leaves in
this case to the minimum amount thereof prescribed in Point c Clause 4 Article
249 of the Criminal Code 2015 is 1.2% (900 g/ 75 kg).
+ The percentage ratio of quantity of dried opium
poppy fruits in this case to the minimum amount thereof prescribed in Point d
Clause 4 Article 249 of the Criminal Code 2015 is 7.5% (45 kg/ 600 kg).
The percentage ratio of quantity of fresh opium
poppy fruits in this case to the minimum amount thereof prescribed in Point dd
Clause 4 Article 249 of the Criminal Code 2015 is 0.6% (900 g/ 150 kg).
The percentage ratio of quantity of other liquid
narcotic substances in this case to the minimum amount thereof prescribed in
Point g Clause 4 Article 249 of the Criminal Code 2015 is 12.6% (95 ml/ 750
ml).
- Determination of applicable point, clause and
article of the law: Total quantity percent of these 05 narcotic substances: 8%
+ 1.2% + 7.5% + 0.6% + 12.6% = 29.9% (<100%). Because the total quantity
percent of these 05 narcotic substances is smaller than 100%, it is not subject
to the provision of Clause 4 Article 249 but it is subject to the provision of
Point h Clause 3 Article 249 of the Criminal Code 2015: “h) The offence
involves ≥ 02 narcotic substances the total quantity of which is equivalent to
the quantity of narcotic substances specified in Point a through g of this
Clause.”.
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E.g.: There is a person illegally dealing in 02
grams of heroin and 200 grams of poppy resin. Total quantity of 02 narcotic
substances in this case is determined as follows:
Pursuant to the provisions of Article 251 of the Criminal
Code 2015 (Illegal deal in narcotic substances), the quantities of heroin and
poppy resin in this case are both smaller than the minimum amounts thereof
prescribed in Clause 2 Article 251 of the Criminal Code 2015. Hence, total
quantity of these 02 narcotic substances shall be calculated according to the
provision of Clause 2 Article 5 herein. To be specific:
- Determination of the percentage ratios of
quantities of heroin and poppy resin to the corresponding minimum amounts
thereof prescribed in Clause 2 Article 251 of the Criminal Code 2015:
+ The percentage ratio of quantity of heroin in
this case to the minimum amount thereof prescribed in Point i Clause 2 Article
251 of the Criminal Code 2015 is 40% (02 g/ 05 g).
+ The percentage ratio of quantity of poppy resin
in this case to the minimum amount thereof prescribed in Point h Clause 2
Article 251 of the Criminal Code 2015 is 40% (200 g/ 500 g).
- Total quantity percent of 02 narcotic substances
in this case: 40% + 40% = 80% (<100%).
- Determination of applicable point, clause and
article of the law: Because the sum of the percentage ratios of quantities of
heroin and poppy resin in this case to the corresponding minimum amounts
thereof prescribed in Clause 2 Article 251 of the Criminal Code 2015 is smaller
than 100%, total quantity of these two substances shall be subject to the
provisions of Clause 1 Article 251.
4. In case the quantities of narcotic substances
are all smaller than the 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:
E.g.: There is a person illegally manufacturing 400
grams of poppy resin and 09 grams of heroin. Total quantity of 02 narcotic
substances in this case is determined as follows:
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- Determination of the percentage ratios of
quantities of poppy resin and heroin to the corresponding minimum amounts
thereof prescribed in Clause 3 Article 248 of the Criminal Code 2015:
+ The percentage ratio of quantity of poppy resin
in this case to the minimum amount thereof prescribed in Point b Clause 3
Article 248 of the Criminal Code 2015 is 40% (400 g/ 01 kg).
+ The percentage ratio of quantity of heroin in
this case to the minimum amount thereof prescribed in Point c Clause 3 Article
248 is 30% (09 g/ 30 g).
- Total quantity percent of these 02 narcotic
substances: 40% + 30% = 70% (<100%).
- Determination of applicable point, clause and
article of the law: Because this total quantity percent is smaller than 100%,
total quantity of poppy resin and heroin in this case shall be only subject to
the provision of Point k Clause 2 Article 248 of the Criminal Code 2015: “k)
The offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point dd through
h of this Clause”.
5. In case the quantities of narcotic substances
are all smaller than the 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:
E.g.: There is a person appropriating 900 grams of
poppy resin and 500 kg of dried opium poppy fruits. Total quantity of 02
narcotic substances in this case is determined as follows:
Pursuant to the provisions of Article 252 of the
Criminal Code 2015 (Appropriation of narcotic substances), the quantity of
poppy resin in this case is subject to the provision of Point e Clause 2 and
the quantity of dried opium poppy fruits in this case is subject to the
provision of Point d Clause 3 Article 252 of the Criminal Code 2015. Because
the quantities of these 02 narcotic substances are all smaller than the
corresponding minimum amounts thereof prescribed in Clause 4 Article 252 of the
Criminal Code 2015 and the quantity of dried opium poppy fruits is subject to
the provision of Point d Clause 3 Article 252 of the Criminal Code 2015, total
quantity of these 02 narcotic substances shall be calculated according to the
provision of Clause 4 Article 5 herein. To be specific:
- Determination of the percentage ratios of
quantities of poppy resin and dried opium poppy fruits to the corresponding
minimum amounts thereof prescribed in Clause 4 Article 252 of the Criminal Code
2015:
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+ The percentage ratio of quantity of dried opium
poppy fruits in this case to the minimum amount thereof prescribed in Point d
Clause 4 Article 252 of the Criminal Code 2015 is 83% (500 kg/ 600 kg).
- Total quantity percent of these 02 narcotic
substances: 18% + 83% = 101% (>100%).
- Determination of applicable point, clause and
article of the law: Because this total quantity percent is greater than 100%,
total quantity of poppy resin and dried opium poppy fruits in this case is
subject to the provision of Point h Clause 4 Article 252 of the Criminal Code
2015: “h) The offence involves ≥ 02 narcotic substances the total quantity
of which is equivalent to the quantity of narcotic substances specified in
Point a through g of this Clause.”.