Delegates agreed with the need to promulgate the Law on Management and Use of Weapons, Explosives and Supporting Tools (amended) to fully and promptly institutionalize the Party's guidelines and policies, the State's policies and laws on strengthening the management and use of weapons, explosives and supporting tools. The draft law has mentioned relatively fully issues related to the responsibilities of agencies, organizations and individuals when assigned to manage, preserve, transport and use weapons, explosives and supporting tools to protect national security, ensure social order and safety, protect human rights, civil rights and serve socio-economic development.
According to the Ministry of Public Security's summary report on 5 years of law enforcement, out of a total of 28,715 cases of illegal use of weapons, explosives, and supporting tools to commit murder, robbery, intentional injury, resisting law enforcement officers, and disturbing public order, there were 25,378 cases (88.4%) in which the subjects used rudimentary weapons, knives, and knife-like tools to commit the crime.
In particular, the subjects used knives to commit crimes in 16,841/25,378 cases (accounting for 66.4%), many cases involved subjects using sharp, highly lethal knives (cleavers, machetes, machetes...) to kill people in a very reckless manner, causing outrage and confusion in public opinion.
Delegate Nguyen Viet Ha (Tuyen Quang) said that previously, the Council of Judges of the Supreme People's Court issued Resolution 02/2003/NQ-HDTP, including a number of types of means and tools as dangerous weapons, including machetes, sharp knives, and pointed knives, as circumstances for determining crimes or determining the penalty framework. In reality, there is a phenomenon of teenagers converting and self-creating these types of knives to use as tools for committing crimes. However, it is not possible to handle criminals for the act of illegally storing and using weapons because the current Law does not stipulate that knives are weapons.
“The addition to the draft that highly lethal knives are primitive weapons is necessary, and at the same time, to avoid practical problems when this type of knife is used for daily life purposes, the provision that it is not within the scope of the law is appropriate, ensuring the feasibility of the draft,” the delegate emphasized.
According to delegate Tran Thi Thu Hang (Dak Nong), in the context of increasingly new aspects of criminal activities, the law on the management and use of weapons, explosives and supporting tools needs to be improved, constantly aiming at serious and effective implementation. Thereby, contributing to protecting national security, ensuring social order and safety, serving the socio-economic development of the country; at the same time, ensuring balance and harmony of the legitimate rights and interests of people's lives, production and activities.
According to delegate Nguyen Van Canh (Binh Dinh), the regulation that highly lethal knives are sharp knives, pointed knives and sharp knives with a blade length of 20cm or more or a blade length of less than 20cm but converted or assembled to have the same function and effect as highly lethal knives... will increase deterrence for those with criminal records who frequently disturb public order and assault others. Subjects will no longer take advantage of using knives to commit illegal acts or threaten to harm others.
However, delegate Thach Phuoc Binh (Tra Vinh) said that knives are easy-to-see tools that appear frequently in daily life and this item can easily be turned into a weapon to commit crimes. However, if the knife is defined as a weapon and the knife owner is handled in the direction of illegal storage and use of weapons, many problems may arise and conflicts between social life and the law. If knives are listed as primitive weapons, people's daily activities will be more or less affected.
Therefore, to ensure social stability, delegates suggested that it is necessary to conduct surveys and collect more in-depth opinions from people who are affected by law violations to assess the seriousness of dangerous items, thereby issuing specific regulations that are suitable for real life...
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