Until when can the crime of manufacturing and trading in prohibited goods be prosecuted?
(Baonghean.vn) - Last year, I went with a friend to buy 100 kg of firecrackers from China to sell. This year, my friend invited me to go but I didn't. After that trip, my friend was arrested for buying and selling firecrackers. If my friend tells about last year's incident, can I be prosecuted?
Reply:According to Article 190 of the 2015 Penal Code, amended by Point a, Clause 40, Article 1, Law amending the 2017 Penal Code, the penalty framework for the crime of manufacturing and trading in prohibited goods is prescribed as follows:
+ Frame 1: Fine from 100,000,000 VND to 1,000,000,000 VND or imprisonment from 01 year to 05 years.
+ Frame 2: Fine from 1,000,000,000 VND to 3,000,000,000 VND or imprisonment from 05 years to 10 years:... trading in firecrackers from 40 kilograms to under 120 kilograms...
+ Frame 3: Imprisonment from 08 years to 15 years.
- According to Clause 2, Article 27 of the 2015 Penal Code, the statute of limitations for criminal prosecution is prescribed as follows:
+ 05 years for less serious crimes.
+ 10 years for serious crimes.
+ 15 years for very serious crimes.
+ 20 years for particularly serious crimes.
- According to Clause 2, Article 1, Law amending the Penal Code 2017 stipulates the classification of crimes as follows:
+ Less serious crimes are crimes whose nature and level of danger to society are not great, and the highest level of the penalty prescribed by this Code for such crimes is a fine, non-custodial reform, or imprisonment of up to 03 years.
+ Serious crimes are crimes of such a nature and level of danger to society that the highest level of the penalty prescribed by this Code for such crimes is from over 03 years in prison to 07 years in prison.
+ Very serious crimes are crimes of a very great nature and level of danger to society for which the highest level of the penalty prescribed by this Code for that crime is from over 07 years in prison to 15 years in prison.
+ Particularly serious crimes are crimes of an especially great nature and level of danger to society for which the highest level of the penalty prescribed by this Code for such crimes is from over 15 years to 20 years in prison, life imprisonment or death penalty.
Thus, depending on the nature and extent of the act, the period of criminal prosecution can be long or short. However, the minimum period of criminal prosecution is 5 years, while you only committed the act of buying and selling fireworks 1 year ago, so it is entirely possible to be prosecuted when discovered.