How is illegal storage and use of explosives handled?

The crime of illegally manufacturing, storing, transporting, using, trading or appropriating explosives is an act dangerous to society, committed by a person with criminal capacity who commits one or all of the acts of illegally manufacturing, storing, transporting, using, trading or appropriating explosives, violating relationships protected by criminal law.

Article 305 of the Penal Code 2015, amended and supplemented in 2017, in clauses 2, 3 and 4, stipulates the crime of illegally manufacturing, storing, transporting, using, trading or appropriating explosives, as follows:

1. Anyone who illegally manufactures, stores, transports, uses, trades or appropriates explosives shall be subject to imprisonment from 01 year to 05 years.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 years to 10 years:

a) Organized;

b) Explosives of all kinds from 10 kilograms to under 30 kilograms;

c) Large quantities of explosive accessories;

d) Transport and trade across borders;

d) Causing death;

e) Causing injury or damage to the health of another person with a bodily injury rate of 61% or more;

g) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%;

h) Causing property damage from VND 100,000,000 to under VND 500,000,000;

i) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 years to 15 years:

a) Explosives of all kinds from 30 kilograms to less than 100 kilograms;

b) Explosive accessories are available in very large quantities;

c) Causing the death of 02 people;

d) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from VND 500,000,000 to under VND 1,500,000,000.

4. Committing a crime in one of the following cases shall be punishable by imprisonment from 15 to 20 years or life imprisonment:

a) Explosives of all kinds weighing 100 kilograms or more;

b) Explosive accessories in particularly large quantities;

c) Causing the death of 3 or more people;

d) Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people being 201% or more;

d) Causing property damage of VND 1,500,000,000 or more.

5. The offender may also be fined from VND 10,000,000 to VND 50,000,000, placed on probation or banned from residence from 01 to 05 years.