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    Merchandising Banned Commodities

    Categories of criminal offences related to banned commodities: Manufacturing and trading in banned goods; Possession and transport of banned goods

     There are numerous provisions of the criminal code that concern Possessing and transporting banned goods and Manufacturing and trading in banned goods as specified in Article 191 and Article 192 of the 2015 Penal Code, amended and supplemented in 2017. In addition, these offenses can be distinguished from the offense of Manufacturing, possessing, transporting, and trading in banned goods specified in Article 155 of the 1999 Penal Code, amended and supplemented in 2009. Possessing and transporting banned goods, and Manufacturing and trading in banned goods are dual offences, which means that each article contains two distinct offences and each has its own set of defined criminal acts. Specifically:

    Possessing and transporting banned goods includes the offence of possessing banned goods and the offence of transporting banned goods. The offence of possessing banned goods is the act of storing banned goods in any place, for any purpose, except for the purpose of sale which instead is considered as the offence of trading in banned goods. Differentiated from this, the offence of transporting banned goods is the act of moving banned goods from one location to another. Further, the act of transporting banned goods for sale shall be prosecuted as the offence of trading in banned goods.

    Manufacturing and trading in banned goods includes the offence of manufacturing prohibited goods and the offence of trading in banned goods. The offence of manufacturing banned goods is the act of making banned items by any means or technology. The offence of trading in banned goods is the act of exchanging money or other property for banned products and vice versa.

    Le & Tran, due to its extensive knowledge of business and legal regulations related to commodity market management, is the premier law firm chosen by manufacturers and enterprises for professional advice and the defense of production facilities and businesses against unfounded charges. With a team of Lawyers possessing vast litigation experience in the criminal field, we can safeguard business owners in the event that the authorities perform a formal investigation.