How many penalties are there for drug appropriation?

Reply:According to Article 252 of the 2015 Penal Code (amended and supplemented in 2017), the crime of appropriating narcotics has the following penalties:

Frame 1. Anyone who appropriates narcotics in any form in one of the following cases shall be sentenced to imprisonment from 01 year to 05 years:

- Having been administratively sanctioned for the acts specified in this Article or having been convicted of this crime, or one of the crimes specified in Articles 248, 249, 250 and 251 of this Code, and not having had the criminal record cleared, but still committing the violation;

- Opium resin, cannabis resin or coca extract weighing from 01 gram to less than 500 grams;

- Heroine, Cocaine, Methamphetamine, Amphetamine, MDMA or XLR-11 weighing from 0.1 gram to less than 05 grams;

- Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or other plant parts containing narcotic substances as prescribed by the Government with a weight from 01 kilogram to less than 10 kilograms;

- Dried opium fruit weighing from 05 kilograms to less than 50 kilograms;

- Fresh opium poppy fruit weighing from 01 kilogram to less than 10 kilograms;

- Other solid drugs weighing from 01 gram to less than 20 grams;

- Other drugs in liquid form with a volume from 10 milliliters to less than 100 milliliters;

- Possessing 02 or more narcotic substances whose total mass or volume is equivalent to the mass or volume of the narcotic substance specified in one of the points from point b to point h of this clause.

Frame 2. Committing a crime in one of the following cases shall be punishable by imprisonment from 05 years to 10 years:

- Organized;

- Committing the crime 2 times or more;

- Abuse of position and power;

- Taking advantage of the name of an agency or organization;

- Using people under 16 years old to commit crimes;

- Opium resin, cannabis resin or coca extract weighing from 500 grams to less than 01 kilogram;

- Heroine, Cocaine, Methamphetamine, Amphetamine, MDMA or XLR-11 weighing from 05 grams to less than 30 grams;

- Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or other plant parts containing narcotic substances as prescribed by the Government with a weight from 10 kilograms to less than 25 kilograms;

- Dried opium fruit weighing from 50 kilograms to less than 200 kilograms;

- Fresh opium poppy fruit weighing from 10 kilograms to less than 50 kilograms;

- Other solid drugs weighing from 20 grams to less than 100 grams;

- Other drugs in liquid form with a volume from 100 milliliters to less than 250 milliliters;

- Possessing 02 or more narcotic substances whose total mass or volume is equivalent to the mass or volume of the narcotic substance specified in one of the points from point e to point m of this clause;

- Dangerous recidivism.

Frame 3. Committing a crime in one of the following cases shall be punishable by imprisonment from 10 to 15 years:

- Opium resin, cannabis resin or coca extract weighing from 01 kilogram to less than 05 kilograms;

- Heroine, Cocaine, Methamphetamine, Amphetamine, MDMA or XLR-11 weighing from 30 grams to less than 100 grams;

- Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or other plant parts containing narcotic substances as prescribed by the Government with a weight from 25 kilograms to less than 75 kilograms;

- Dried opium fruit weighing from 200 kilograms to less than 600 kilograms;

- Fresh opium fruit weighing from 50 kilograms to less than 150 kilograms;

- Other solid drugs weighing from 100 grams to less than 300 grams;

- Other drugs in liquid form with a volume from 250 milliliters to less than 750 milliliters;

- Possessing 02 or more narcotic substances whose total mass or volume is equivalent to the mass or volume of the narcotic substance specified in one of the points from point a to point g of this clause.

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

- Opium resin, cannabis resin or coca extract weighing 5 kilograms or more;

- Heroine, Cocaine, Methamphetamine, Amphetamine, MDMA or XLR-11 weighing 100 grams or more;

- Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or other plant parts containing narcotic substances as prescribed by the Government with a weight of 75 kilograms or more;

- Dried opium fruit weighing 600 kilograms or more;

- Fresh opium poppy fruit weighing 150 kilograms or more;

- Other solid drugs weighing 300 grams or more;

- Other drugs in liquid form with a volume of 750 milliliters or more;

- Possessing 02 or more narcotic substances whose total mass or volume is equivalent to the mass or volume of the narcotic substance specified in one of the points from point a to point g of this clause.”.

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Thus, for the crime of drug appropriation, there are 4 penalty frames with the highest prison term of up to 20 years or life imprisonment.