Crimes using primitive weapons and knives to commit crimes are becoming very complicated.

Continuing the 7th Session Program, on the afternoon of May 20, the National Assembly listened to the Presentation on the Draft Law on Management and Use of Weapons, Explosives and Supporting Tools (amended) and the Verification Report on this draft Law.

The rate of people using knives and knife-like tools to commit crimes is high.

Minister of Public Security To Lam presents a report (Photo: QH)

Presenting the Report to the National Assembly, Minister of Public Security To Lam said that after 5 years of implementing the Law on Management and Use of Weapons, Explosives and Supporting Tools, a number of shortcomings, limitations and difficulties have arisen. In particular, the concepts of weapons, explosives and supporting tools stipulated in the law do not meet the requirements of state management and the fight against crime.

The Minister said that in fact, in the past 5 years, the whole country has detected 28,715 cases, arrested 48,987 subjects illegally using weapons, explosives, supporting tools, knives and knife-like means to commit crimes. Of which, crimes using homemade guns, primitive weapons, knives and knife-like means as tools and means to commit crimes account for a very high rate, with 27,161 cases detected, and 46,693 subjects arrested (accounting for 94.5% of the total number of cases, 92.8% of the total number of subjects). Thus, crimes using homemade guns, primitive weapons, knives and knife-like means to commit crimes are developing very complicatedly. Particularly, subjects using knives and knife-like means to commit crimes accounted for a high percentage, with 16,841 cases detected, 26,472 subjects arrested (accounting for 58.6% of the total number of cases, 54% of the total number of subjects). Many cases involved subjects using sharp knives, pointed knives, sharp knives with very high lethality, committing crimes in a very reckless, cruel, and savage manner, causing public outrage, confusion, and anxiety among the people.

In addition, the number of subjects illegally using homemade guns is much higher than the number of subjects illegally using military guns (1,783/333 cases, 2,589/546 subjects). When these weapons are used to commit crimes, they cause particularly serious and dangerous consequences like military weapons, but according to the provisions of the Law, homemade guns are not included in the list of military weapons, are not equipped for the people's armed forces and other forces to perform official duties, and it is strictly forbidden to manufacture, produce, trade, transport, store, and use these weapons.

Therefore, subjects have taken advantage of loopholes in the law to illegally manufacture, store, buy, sell, transport, and use homemade guns, knives, and tools and means similar to primitive weapons. If not promptly prevented and strictly handled, there will be a potential risk of causing disorder and insecurity. Therefore, it is necessary to amend and supplement regulations on the concepts of weapons, explosives, and supporting tools to ensure compliance with reality.

Draft Law on Management and Use of Weapons, Explosives and Supporting Tools (amended) includes 08 chapters and 74 articles.

In particular, regarding the explanation of terms, Article 3 of the draft Law has amended and supplemented a number of terms to explain concepts in accordance with the content and scope of the draft Law, facilitating the application of the Law, effectively serving the work of state management and preventing and combating crimes, including: Weapons; military weapons; hunting guns; primitive weapons; sports weapons; explosives; military explosives; industrial explosives; new industrial explosives; explosive precursors; supporting tools; scrap, waste of weapons, explosives, supporting tools; business. The draft Law has added high-damage knives to the group of primitive weapons. In case of using high-damage knives for labor, production, and daily life purposes, they are not within the scope of this Law; at the same time, it stipulates that primitive weapons when used for the purpose of illegally infringing on human life and health are military weapons.

At the same time, add shotguns, air compressors, and compressed air guns to the group of military weapons. In case these guns are used for hunting purposes, they are identified as hunting guns.

Not all similar tools are covered

Presenting the Report on the review of this draft Law, Chairman of the National Defense and Security Committee Le Tan Toi said that the majority of members of the National Defense and Security Committee agreed on the necessity of amending the Law on Management and Use of Weapons, Explosives and Supporting Tools 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; reforming administrative procedures, cutting unnecessary paperwork to ensure compliance with reality, creating favorable conditions for agencies, organizations and people; creating a solid legal corridor in state management and preventing and combating crimes and violations of the law in this field; and at the same time overcoming shortcomings, limitations and obstacles in the process of implementing and applying the Law in the past.

Chairman of the National Defense and Security Committee Le Tan Toi also said that there are still many different opinions in explaining the terms.

Some opinions say that some provisions in Article 3 overlap and are inconsistent in terms of conceptual content, and the interpretation of words associated with the criterion of "purpose of use" makes it difficult to clearly distinguish between types of weapons.

This causes difficulties for management, especially the fight against crime and handling of violations related to weapons when it is necessary to prove the purpose of using weapons of the violators. Therefore, members of this opinion suggest that the drafting agency consider adjusting the provisions of the draft Law to ensure consistency.

In addition, there are opinions that the regulation "highly lethal knives" does not cover all similar tools (spikes, mines, traps...) that have the risk of causing injury and will become dangerous weapons when used for the wrong purpose.

At the same time, the regulation that high-damage knives are primitive weapons and military weapons will not be consistent with some provisions of current laws regulating weapons. Therefore, it is recommended to study the regulations to ensure consistency, synchronization, and uniformity./.

Source: https://dangcongsan.vn/thoi-su/toi-pham-su-dung-vu-khi-tho-so-dao-gay-an-dang-dien-bien-rat-phuc-tap-665489.html