How are possession and use of homemade weapons handled?
(Baonghean.vn) - Mr. Tran Van Hung, residing in Tan Ky district, asked: How will the act of storing and using homemade weapons such as knives, swords, machetes... to resolve conflicts, disturb public order and cause injuries be specifically handled?
Reply:
According to Clause 4, Article 3, Law on Management and Use of Weapons, Explosives and Supporting Tools 2017 (amended in 2019): primitive weapons are weapons with simple structure and operating principles and are manufactured or produced by hand or industrially, including: daggers, swords, spears, lances, bayonets, knives, machetes, clubs, fists, maces, bows, crossbows, and darts.
The use of daggers, swords, machetes... (primitive weapons) to injure others or disturb public order will be strictly handled according to the provisions of the law. Specifically:
- Article 134 of the 2015 Penal Code (amended and supplemented in 2017) stipulates "Crime of intentionally causing injury or harm to the health of another person", in which point a, clause 1 of this article stipulates "anyone who intentionally causes injury or harm to the health of another person with a bodily injury rate of 11% to 30% or less than 11% using dangerous weapons or means that cause harm to many people or more, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years" and clause 6 of this article stipulates "anyone who prepares weapons, explosives, dangerous weapons, dangerous acids, dangerous chemicals or establishes or participates in a criminal group with the aim of causing injury or harm to the health of another person shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years".
At the same time, Article 318 of the 2015 Penal Code (amended and supplemented in 2017) stipulates "Crime of disturbing public order", in which Clause 2 of this Article stipulates that committing a crime in an organized manner, using weapons, dangerous weapons or committing acts of vandalism shall be punished with imprisonment from 02 to 07 years.
-In addition, those who possess or use rudimentary weapons will also be handled according to the provisions of Article 306 of the Penal Code on "Crime of illegally manufacturing, possessing, transporting, using, trading or appropriating hunting guns, rudimentary weapons, sports weapons, support tools and other weapons with similar functions and effects".
In cases where criminal proceedings have not yet been initiated, administrative proceedings will be conducted in accordance with Point a, Clause 4, Article 11, Decree No. 144/2021/ND-CP dated December 31, 2021, stipulating the act of "Illegal manufacture, equipping, storing, transporting, repairing, and using of rudimentary weapons and support tools; details, clusters of weapon details, support tools, or explosive accessories".