Public Security Ministry classifies highly lethal knives as weapons in draft amended law

The Hà Nội police seize swords and knives that were used by criminals as weapons. — Photo courtesy of the Hà Nội Police

HÀ NỘI — The Ministry of Justice (MoJ) is evaluating the draft amended Law on Management and Use of Weapons, Explosives and Support Tools proposed by the Ministry of Public Security.

A new feature of the proposed law is the classification of “highly lethal knives” as rudimentary weapons.

The Ministry of Public Security defines a highly lethal knife as a knife that is sharp and pointed with a blade length of 20cm or more, or less than 20cm but converted and assembled to have similar functions and effects as knives with high damage properties.

In the document to the MoJ, the drafting agency clearly stated the view that highly lethal knives would not be considered weapons when people own them for use in work, production and daily life.

The draft is expected to regulate the behaviour of knife users in accordance with the law, without causing harm to human life or health, and to serve as a basis for handling violations.

The Ministry of Public Security affirmed it would ensure convenience and simple procedures for the management of production and trading of highly lethal knives.

Regarding this issue, in September last year, the Government requested authorities to continue to research and clearly distinguish tools and knives considered weapons because of their high lethality, from tools and knives used for labour, production and daily life purposes, to have appropriate and feasible management mechanisms and avoid causing difficulties for production, business and people’s lives.

In the document, the National Assembly’s Committee for Ethnic Minorities also said that ethnic minorities in mountainous and remote areas often use hand-forged, pointed and sharp knives, with blades 20cm long or more, for production.

According to the draft, these types of knives have high lethality and would be considered rudimentary weapons.

Therefore, the committee recommended that the drafting agency carefully evaluate this content.

According to the Ministry of Public Security’s statistic, during five years of implementing the Law on Management and Use of Weapons, Explosives and Support Tools in 2017, competent forces discovered 27,161 cases and arrested 46,693 suspects using homemade guns, rudimentary weapons, knives and knife-like devices to commit crimes, including cases causing particularly serious consequences.

Of these, there were 8,537 cases and 17,632 subjects using rudimentary weapons.

Statistics showed that criminals using knives and knife-like devices to commit crimes were at a very high rate and tended to increase year by year.

Many cases were gangs and criminal groups using knives to commit crimes with a very aggressive and barbaric nature, disregarding the law and causing anxiety among people.

However, investigation agencies could only criminally prosecute these cases when there was sufficient evidence to conclude that the subjects were guilty of other crimes such as murder, robbery or intentionally causing injuries, but they could not charge the subjects for illegal possession and use of weapons because the 2017 Law on Management and Use of Weapons, Explosives and Support Tools does not classify knives and knife-like devices as weapons.

Currently, criminal prosecution of the acts of illegally manufacturing, producing, trading, transporting, storing and using home-made guns and rudimentary weapons also faces many difficulties, the ministry said. — VNS