“High-damage knives” will be managed at 3 levels

On the morning of June 29, with 459/468 delegates in favor (accounting for 94.44%), the National Assembly officially passed the Law on Management and Use of Weapons, Explosives and Support Tools (amended).

Knife management associated with usage

Reporting on the explanation, acceptance and revision of the draft Law before the National Assembly votes, Chairman of the National Defense and Security Committee Le Tan Toi said that many opinions agree with the regulation that knives with high lethality belong to the group of primitive weapons as a basis for handling crimes using knives to commit crimes.

However, it is recommended that the regulations be more suitable and not affect production, business activities and people's lives.

Other opinions suggest studying the list of regulations; suggesting assigning the Government to specify regulations to have a unified understanding and implementation in practice; at the same time ensuring safety in production, business, export, import, transportation, and use of knives with high lethality.

Regarding this content, the National Assembly Standing Committee said that the draft Government proposed to add high-damage knives to strengthen management and create a legal basis to prevent and stop illegal acts of using high-damage knives.

Mr. Toi said that to ensure clarity, strictness, and compliance with the requirements of State management and the fight against crime, based on the opinions of National Assembly deputies, the National Assembly Standing Committee directed the addition of Clause 6, Article 2 to explain the phrase "highly lethal knife".

Chairman of the National Defense and Security Committee Le Tan Toi (Photo: National Assembly Media).

Based on the explanation of the term "highly lethal knives", the National Assembly Standing Committee proposed to stipulate 3 management regimes for "highly lethal knives" associated with the purpose of use.

Specifically, the use of “highly lethal knives” for work, production, and daily activities is not considered a weapon, but must be strictly managed and ensure safety, in order to prevent and stop the risk of using “highly lethal knives” for illegal purposes.

Accordingly, the National Assembly Standing Committee proposed to remove the provision in Clause 2, Article 32 of the draft Law submitted by the Government and supplement Article 74 on "Applying the provisions of the Law on Management and Use of Weapons, Explosives and Supporting Tools to High-Level Knives" and assign the Government to base on the provisions of this Law to regulate the management of production, business, export, import, use and transportation of "high-level knives".

In case of using a "highly lethal knife" for the purpose of committing a crime, causing disturbance, disturbing public order or opposing an agency, organization performing a task or a person performing official duties, it is considered a primitive weapon (Point b, Clause 4, Article 2).

In case of using a "highly lethal knife" with the purpose of illegally infringing on human life and health, it is considered a military weapon (Point d, Clause 2, Article 2).

The National Assembly officially passed the Law on Management and Use of Weapons, Explosives and Supporting Tools (amended) on the morning of June 29 (Photo: National Assembly Media).

On that basis, the National Assembly Standing Committee directed the revision of Clause 2 and Clause 4, Article 2 of the draft Law on Acceptance and Revision to suit each type of weapon.

With this provision, acts involving highly lethal knives without motives or purposes as prescribed in Clause 2 or Clause 4, Article 2 shall not be subject to administrative or criminal sanctions; only in cases of use for purposes prescribed in Clause 2 or Clause 4, Article 2 shall they be determined to be military weapons or primitive weapons.

To ensure consistency in law enforcement, the National Assembly Standing Committee has directed relevant agencies to review the provisions of the Penal Code related to rudimentary weapons and military weapons to issue unified documents guiding the application of regulations on criminal acts related to highly lethal knives when the Law comes into effect.

Declare primitive weapons for display and exhibition

Some opinions suggested clarifying the necessity; purpose of declaration activities and the scope of primitive weapons that need to be declared.

Another opinion is that regulations on management and declaration of primitive weapons, including knives, are difficult to implement, will create administrative procedures, causing difficulties for organizations, businesses and individuals in the production and trading of knives; affecting people's lives and activities, and it is recommended to consider regulations to ensure they are suitable for reality.

The National Assembly Standing Committee finds that primitive weapons are special means, directly related to human life and health and the work of ensuring security and order, and need to be strictly managed.

In the activities of displaying, exhibiting, and making heirlooms, there are primitive weapons that are still capable of causing harm; currently, many museums have a very large number of artifacts. The regulation on declaring primitive weapons is inherited from the provisions of the current Law, which is necessary for strict management and as a basis for verification and determination of responsibility when violations occur. Therefore, the Standing Committee of the National Assembly proposes to keep this regulation as the draft Law submitted by the Government.

However, taking into account the opinions of the National Assembly deputies, the National Assembly Standing Committee directed to revise the name of Article 31 of the draft Law on Acceptance and Amendment to "Declaration of primitive weapons for display, exhibition, and as heirlooms"; at the same time, add a provision limiting the declaration of "primitive weapons specified in Point a, Clause 4, Article 2" as in the draft Law on Acceptance and Amendment .

Source: https://www.nguoiduatin.vn/dao-co-tinh-sat-thuong-cao-se-duoc-quan-ly-theo-3-cap-do-a670743.html