Is the organization that illegally uses drugs punishable by death?
Is there a death penalty for organizing the illegal use of drugs that cause dangerous diseases to many people? This is a matter of concern for Mr. Ho Trong Hung (Quy Chau, Nghe An).
Reply:Pursuant to Article 255 of the 2015 Penal Code, the crime of organizing illegal use of narcotics is stipulated as follows:
1. Anyone who organizes the illegal use of drugs in any form shall be sentenced to imprisonment from 02 years to 07 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 15 years:
a) Committing the crime 02 times or more;
b) For 02 people or more;
c) For people from 13 years old to under 18 years old;
d) For women who know they are pregnant;
d) For people undergoing drug rehabilitation;
e) Causing harm to another person's health with a bodily injury rate of 31% to 60%;
g) Causing dangerous diseases to others;
h) Dangerous recidivism.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 15 to 20 years:
a) Causing harm to another person's health with a bodily injury rate of 61% or more or causing death;
b) Causing harm to the health of 02 or more people, with the rate of bodily injury of each person from 31% to 60%;
c) Causing dangerous diseases to 02 or more people;
d) For people under 13 years old.
4. Committing a crime in one of the following cases shall be punishable by 20 years' imprisonment or life imprisonment:
a) Causing harm to the health of 02 or more people, with each person's body injury rate being 61% or more;
b) Causing the death of two or more people.
5. The offender may also be fined from VND 50,000,000 to VND 500,000,000, placed on probation, banned from residence from 01 to 05 years, or have part or all of his/her property confiscated.
Thus, according to current regulations, people who organize illegal use of drugs can be prosecuted for the crime of organizing illegal use of drugs.
The crime of organizing illegal use of narcotics is regulated with 3 penalty frames. Accordingly, based on the composition of the act, the offender may be subject to corresponding penalties according to the above provisions.
Pursuant to Article 255 of the 2015 Penal Code, the crime of organizing illegal use of narcotics does not carry the death penalty.
At the same time, the act of organizing the illegal use of drugs that causes dangerous diseases to many people is an aggravating circumstance.
In short, if the act of organizing illegal drug use causes dangerous diseases for 2 or more people, this person can be prosecuted for the crime of organizing illegal drug use and subject to the penalty frame according to the provisions of Clause 3, Article 255 of the 2015 Penal Code, specifically imprisonment from 15 to 20 years.