The interpretation of the terms in the draft Law on Management and Use of Weapons, Explosives and Support Tools (amended) is extremely important. Emphasizing this, National Assembly Deputy Vu Huy Khanh ( Binh Duong ) said that this is the hottest point that the Government proposed to amend the Law to ensure compliance with reality, especially the concepts related to weapon classification.
In the current Law, the regulations on weapon classification are still quite complicated, in which "military weapons" are basically designed in the direction of the equipped subjects such as armed forces and a few including forest rangers, customs forces, etc. Meanwhile, "primitive weapons" are classified according to the definition of structure.
However, delegate Vu Huy Khanh pointed out that recently, there has been a rise in crimes against social order using tools that are considered as criminal tools, but when viewed under the Law, these tools are not included in the group of "military weapons" or "primitive weapons". Therefore, delegate Vu Huy Khanh said that in the context of not amending the provisions in the Penal Code, it is necessary to soon have a legal mechanism to properly handle those who use common tools but with the purpose of violating human life.
According to National Assembly Deputy Nguyen Hai Dung (Nam Dinh), the two forces of the Vietnamese Army and Police are building revolutionary, disciplined, elite, and modern forces, including the issue of scientific research in the armed forces. The delegate said that it is necessary to have a scientific definition of "military weapons" to include in the draft Law, because the interpretation of words in the draft Law is currently only an inventory measure without a general definition of the concept of what is "military weapons" and what is "primitive weapons"?
Citing data from the Ministry of Public Security's report on the number of cases and the number of subjects of homemade guns being used in crimes 6 times higher than the number of cases and 5 times higher than the number of illegal use of military weapons, delegate Nguyen Hai Dung said that these types of homemade weapons, which were common in the past, were classified as military weapons. Along with that, the criteria for homemade weapons to be classified as military weapons are still not convincing enough and do not fully explain the scientific basis, legal basis or theory of military weapons to classify homemade guns as military weapons.
“In particular, military weapons are manufactured according to the procedures of the Ministry of National Defense and the Ministry of Public Security and are intended for use by the armed forces, but these are homemade weapons used by people for hunting or decoration, so they are not related to military use. In addition, if military weapons must be equipped for the armed forces according to Article 19 of the draft Law, can these homemade weapons be equipped for the armed forces?”, delegate Nguyen Hai Dung raised the issue.
Delegate Nguyen Hai Dung also expressed concern that the physical state of the knife does not change, but when attacking a person, it is classified as a military weapon (?). According to the delegate, just defining the concept of "highly lethal knife" is enough to qualify for arrest.
Agreeing with this view, National Assembly Deputy Tran Cong Phan (Binh Duong) said that regarding weapons and explosives, there are primitive weapons, military weapons, and sports weapons. However, the draft Law is currently distinguishing in the direction: when primitive weapons have high damage, used to infringe on life and health, according to the Penal Code, they are weapons, dangerous weapons. Dangerous weapons refer to the ability to cause damage but sometimes they are not primitive weapons.
The draft Law stipulates "the ability to cause injury", not "causing injury". Or in a situation of a fight without using a weapon causing about 10% injury, there is no crime; but, using a "stone" to hit and cause 5-7% injury will be "the crime of intentionally causing injury". Citing a specific example, delegate Tran Cong Phan said that it is necessary to define this weapon as "a weapon capable of causing injury, not its consequences", because "sometimes a knife is very short but causes injury".
Source: https://daibieunhandan.vn/chinh-tri/ra-soat-ky-quy-dinh-ve-phan-loai-vu-khi-i372773/
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