In recent times, the use of cyanide by perpetrators has become a significant concern for the public. The question arises: Why is a harmful substance to humans, animals, plants, or the environment so freely available on the market, allowing easy access for anyone? Is the sale of cyanide an illegal act? In this article, Apolo Lawyers will analyze these issues in detail for the readers. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline - (+84) 903 419 479 for the best advice and support.

1. Definition and Legal Status of Cyanide

Cyanide is a chemical compound containing the cyanide group (-CN), where a carbon atom is triple-bonded to a nitrogen atom. Cyanide can exist in various forms, such as hydrogen cyanide gas (HCN), cyanide salts (such as sodium cyanide - NaCN and potassium cyanide - KCN), and organic compounds containing the cyanide group. Cyanide is understood according to Chapter I of the Technology Process for Destroying or Reusing Cyanide Toxins issued with Decision 1971/1999/QĐ-BKHCNMT as follows:

Hydrocyanic acid and its soluble cyanide salts are very potent toxins; only about 50 mg is enough to kill a person. However, metal salts of hydrocyanic acid play a significant role in many industries:

• Gold, silver, copper, or other metal plating industry.
• Gold mining industry - extracting gold by cyanidation.
• Production of colored pigments used in the paint, drawing powder, textile dyeing industries, requiring cyanide salts as raw materials.
• Pesticide industry: calcium cyanide for exterminating lice and insects in homes. In medicine, hydrocyanic acid is used in salt form such as Hg(CN)2 or combined forms like cherry water with 1% HCN content. Cyanide is an extremely toxic substance, but it is widely used in production. Therefore, without stringent and feasible regulations for import, distribution, storage, use, and pollution control, cyanide can cause significant harm to the environment and human health.

Thus, cyanide is extensively used in the gold industry in Vietnam because of its utility in separating gold from ore and for gold plating. However, with modern technology, the use of this chemical has decreased due to its danger.

Cyanide and related legal issues 

2. Is Selling and Trading Cyanide Illegal?

Article 18 of Decree 113/2017/NĐ-CP clearly defines the list of banned chemicals and exceptions allowing the use of banned chemicals in special cases such as scientific research, national defense, security, and epidemic prevention. Strict management of banned chemicals is necessary to protect public health and the environment. Although cyanide is extremely toxic and dangerous, it is not listed as a banned chemical under Appendix III of Decree 113/2017/NĐ-CP. This means that the trading of cyanide is not entirely prohibited in the Vietnamese market. Despite not being a banned chemical, the production, import, use, and trading of cyanide must comply with strict chemical management regulations.

2.1. Administrative Penalties for Selling Cyanide

According to Article 21 of Decree 71/2019/NĐ-CP:

Violations regarding the control slips for buying and selling toxic chemicals:

- A fine of between VND 100,000 and VND 300,000 for one of the following violations:

• The control slip for buying and selling toxic chemicals does not have the confirmation of the buyer or seller.
• The control slip does not contain all the required information: chemical name, chemical quantity, purpose of use, name and signature of the buyer or seller, address, ID card number of the representative of the buyer or seller, delivery date.

- A fine of between VND 300,000 and VND 500,000 for not keeping each control slip as prescribed for toxic chemicals.

- A fine of between VND 500,000 and VND 1,000,000 for buying or selling toxic chemicals without a control slip.

Thus, sellers of cyanide who do not comply with the control slip regulations may be fined from VND 100,000 to VND 1,000,000 depending on the level of violation.

2.2. Criminal Liability

According to Article 311 of the Penal Code 2015, as amended by Clause 113, Article 1 of the Law on Amendments to the Penal Code 2017:

Offenses related to the illegal production, storage, transportation, use, or sale of inflammable substances or toxic chemicals:

1. Those who produce, store, transport, use, or trade in inflammable substances or toxic chemicals illegally shall be sentenced to imprisonment from 1 to 5 years.
2. Offenders committing the crime in one of the following circumstances shall be sentenced to imprisonment from 3 to 10 years:

• Organized crime.
• The illegal item is of large quantity.
• Causing death.
• Causing injury or harm to the health of another person with an injury rate of 61% or more.
• Causing injury or harm to the health of 2 or more people with a total injury rate of between 61% and 121%.
• Causing damage to property valued between VND 100,000,000 and VND 500,000,000.
• Transporting or trading across borders.
• Dangerous recidivism.

1. Offenders committing the crime in one of the following circumstances shall be sentenced to imprisonment from 7 to 15 years:
   • The illegal item is of very large quantity.
   • Causing the death of 2 people.
   • Causing injury or harm to the health of 2 or more people with a total injury rate of between 122% and 200%.
   • Causing damage to property valued between VND 500,000,000 and VND 1,500,000,000.
2. Offenders committing the crime in one of the following circumstances shall be sentenced to imprisonment from 15 to 20 years or life imprisonment:
   • The illegal item is of exceptionally large quantity.
   • Causing the death of 3 or more people.
   • Causing injury or harm to the health of 3 or more people with a total injury rate of 201% or more.
   • Causing damage to property valued at VND 1,500,000,000 or more.
3. Offenders may also be subject to a fine of between VND 5,000,000 and VND 50,000,000, probation, or residence ban from 1 to 5 years.

Therefore, selling cyanide illegally under the circumstances specified in Article 311 of the Penal Code 2015, as amended by Clause 113, Article 1 of the Law on Amendments to the Penal Code 2017, will be subject to imprisonment from 1 to 20 years or life imprisonment depending on the severity of the offense. Additionally, the offender may also be fined between VND 5,000,000 and VND 50,000,000, probation, or residence ban from 1 to 5 years.

3. Penalty for Murder by Cyanide

According to Article 123 of the Penal Code 2015:

Murder:

1. Those who commit murder under one of the following circumstances shall be sentenced to imprisonment from 12 to 20 years, life imprisonment, or death:

   • Murdering 2 or more people.
   • ...

2. Offenders committing the crime not under the circumstances specified in Clause 1 of this Article shall be sentenced to imprisonment from 7 to 15 years.

3. Those preparing to commit this crime shall be sentenced to imprisonment from 1 to 5 years.

4. Offenders may also be banned from practicing certain professions or doing certain jobs from 1 to 5 years, subject to probation, or residence ban from 1 to 5 years.

Cyanide and related legal issues 

Thus, committing murder by cyanide (killing 2 or more people) can result in a sentence of 12 to 20 years of imprisonment, life imprisonment, or death. Murder by cyanide is a serious crime, violating both law and social ethics. The offender will be severely punished according to the provisions of the Penal Code and related legal regulations. Preventing and strictly handling these acts is necessary to protect human life and maintain social order.

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