CRIMINAL LIABILITY FOR PEOPLE WHO ILLEGALLY POSSESSION MILITARY WEAPONS

Table of contents:

1. What weapons are included in military weapons?

2. Criminal liability for people who illegally possesses military weapons?

3. Are people who conceal illegally possesses of military weapons subject to criminal prosecution?

1. What weapons are included in military weapons?

Pursuant to Clause 2, Article 3 of the Law on Management and Use of Weapons, Explosives and Combat gears 2017, amended and supplemented in 2019, military weapons include:

a) Weapons manufactured and produced to ensure technical standards and designs of legal manufacturers, equipped for the people’s armed forces and other forces as prescribed by this Law to perform official duties, including:

– Handguns: pistols, rifles, submachine guns, light machine guns, anti-tank guns, grenade launchers;

– Light weapons: heavy machine guns, mortars, DKZ guns, anti-aircraft machine guns, personal anti-tank missiles;

– Heavy weapons: fighter aircraft, armed helicopters, tanks, armored vehicles, warships, submarines, ground artillery, anti-aircraft artillery, missiles;

– Bombs, mines, grenades, torpedoes, mines; ammunition used for the types of weapons specified in this point;

b) Weapons that are manufactured, produced by hand or industrially, not in accordance with the technical standards and designs of legal manufacturers, capable of causing damage, endangering human life and health, destroying material structures similar to the weapons specified in Point a of this Clause, and are not equipped for the People’s Armed Forces and other forces specified in Article 18 of this Law to perform official duties.”

2. Criminal liability for people who illegally possesses military weapons?

For whom illegally possesses military weapons, will be punished according to Article 304 of the Penal Code 2015, amended and supplemented in 2017, which stipulates the crime of illegally manufacturing, possessesing, transporting, using or appropriating military weapons and military devices herein:

“1. Any person who illegally manufactures, possesses, transports, uses or appropriates a military weapon or device shall face a penalty of 01 – 07 years’ imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 05 – 12 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence involves: 03 – 10 pistols, rifles or sub machine guns; 01 – 05 infantry guns of other types such as light machine guns, machine guns, 12.7 mm – 25 mm anti-aircraft guns, B40 or B41 guns; 05 – 15 mines or grenades; 03 – 10 mortar bombs or mortar shells; 300 – 1,000 bullets ≤ 11.43 mm; 200 – 600 bullets of 12.7 mm – 25 mm anti-aircraft guns; 10 kg – 30 kg of explosives or 1,000 – 3,000 detonators; from 1,000 m to under 10,000 m of delay fuse.

c) Illegal goods are transported or traded across the border;

d) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% WPI;

dd) The offence results in bodily harm to 02 people, each of whom suffers from 31% – 60% WPI;

e) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of 61% – 121%;

g) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 10 – 15 years’ imprisonment:

a) The offence results in the death of 02 people;

b) The offence results in bodily harm to 02 people, each of whom suffers from 61% WPI or more;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of 122% – 200%;

d) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

dd) The offence involves: 11 – 30 pistols, rifles or sub machine guns; 06 – 20 infantry guns of other types such as light machine guns, machine guns, 12.7 mm – 25 mm anti-aircraft guns, B40 or B41 guns; 16 – 45 mines or grenades; 11 – 30 mortar bombs or mortar shells; 1,001 – 3,000 bullets ≤ 11.43 mm; 601 – 2,000 bullets of 12.7 mm – 25 mm anti-aircraft guns; 31 kg – 100 kg of explosives or 3,001 – 10,000 detonators; from 10,000 m to under 30,000 m of delay fuse.

4. This offence committed in any of the following circumstances carries a penalty of 15 – 20 years’ imprisonment or life imprisonment:

a) The offence involves: ≥ 31 pistols, rifles or sub machine guns; ≥ 21 guns of other types such as light machine guns, machine guns, 12.7 mm – 25 mm anti-aircraft guns, B40 or B41 guns; ≥ 46 mines or grenades; ≥ 31 mortar bombs or mortar shells; ≥ 3,001 bullets ≤ 11.43 mm; ≥ 2,001 bullets of 12.7 mm – 25 mm anti-aircraft guns; ≥ 101 kg of explosives or ≥ 10,001 detonators; ≥ 30,000 m of delay fuse.

b) The offence results in the death of ≥ 03 people;

c) The offence results in bodily harm to 03 people, each of whom suffers from 61% WPI or more;

d) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥ 201%;

dd) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.

5. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, put under mandatory supervision or prohibited from residence for 01 – 05 years.” Hence,  anyone who illegally uses or possesses military weapons as prescribed in Clause 2, Article 3 of the Law on Management and Use of Weapons, Explosives and Support Tools 2017, amended and supplemented in 2019, will be prosecuted.

3. Are people who conceal illegally possesses of military weapons subject to criminal prosecution?

Anyone who knows but conceals the act of illegally possessesing military weapons of the offender must bear criminal liability for charge of Concealment of crimes according to Article 18 of the Penal Code 2015, amended and supplemented in 2017 as follows:

“1. Any person who, without prior promises and after knowing that a crime has been committed, harbors the criminal, conceals the traces or exhibits of the crime or commits other acts that obstruct the discovery, investigation and taking of actions against the criminal shall bear criminal responsibility for concealment of crimes in the cases defined by this document.

2. A person who conceals the crime shall not bear criminal responsibility as specified in Clause 1 of this Article if he/she is a grandparent, parent, child, niece/nephew, sibling, spouse of the offender, except for concealment of crimes against national security or other extremely serious crimes specified in Article 389 hereof.”