The Ho Chi Minh City Police have recently prosecuted and temporarily detained model Nguyễn Thị An (born 1995), also known as Andrea Aybar or An Tây, to investigate two charges: Organizing the illegal use of narcotics and Illegal possession of narcotics.
Alongside An Tây, Nguyễn Trung Hiếu (singer Chi Dân) and Nguyễn Đỗ Trúc Phương (a KOL known as “the charitable fairy”) have also been prosecuted for organizing the illegal use of narcotics.
According to the Ho Chi Minh City Police, this is the result of the expanded investigation into a criminal network smuggling narcotics by air from France to Vietnam on March 16, 2023 (case VN10). Specifically, the police have thoroughly dealt with individuals who had previously purchased drugs from those arrested in the case to organize the illegal use of narcotics.
Model An Tây at the police station – Photo: Ho Chi Minh City Police
With the prosecution for two drug-related charges, what penalties might model An Tây face?
Could An Tây face a life sentence?
Commenting on this issue, lawyer Diệp Năng Bình – Head of the Tinh Thông Luật Law Office stated that model An Tây and the two others, singer Chi Dân and Nguyễn Đỗ Trúc Phương, could face prison sentences ranging from 2 years to 20 years, or even life imprisonment under Article 255 of the Penal Code regarding the crime of Organizing the illegal use of narcotics,
In addition, the individuals could face additional penalties such as fines ranging from 50 million VND to 500 million VND, or administrative penalties, prohibiting residence for 1 to 5 years, or confiscation of part or all of their assets.
Specifically regarding model An Tây, who has been additionally charged with Illegal possession of narcotics, lawyer Bình stated that the model could face a prison sentence ranging from 1 year to 20 years or life imprisonment under Article 253 of the Penal Code.
Moreover, Andrea could also face additional penalties such as fines ranging from 5 million VND to 50 million VND, prohibition from holding positions, prohibition from practicing or performing certain jobs for 1 to 5 years, or confiscation of part or all of her assets.
In agreement with lawyer Diệp Năng Bình, lawyer Lê Hồng Vân – from the Hanoi Bar Association shared with An ninh thủ đô newspaper that individuals prosecuted for Illegal possession of narcotics could face prison sentences ranging from 1 to 20 years or life imprisonment under Article 253 of the 2015 Penal Code.
The three individuals recently prosecuted include: singer Chi Dân, model An Tây, and KOL Nguyễn Đỗ Trúc Phương
Also discussing the legal aspects of this case on Saostar, lawyer Trần Minh Hùng – Head of the Family Law Office (Ho Chi Minh City) provided a more detailed analysis of the crime of Organizing the illegal use of narcotics according to Article 255 of the 2015 Penal Code.
Accordingly, Article 255 has 4 penalty frames, with the highest being life imprisonment.
Anyone who organizes the illegal use of narcotics in any form shall be sentenced to imprisonment from 2 years to 7 years. The second frame is a prison sentence from 7 to 15 years if the three defendants commit the crime under one of the following circumstances: Committing the crime 2 times or more; Against 2 or more people; Against a person aged 13 to under 18; Against a woman knowing she is pregnant; Against a person undergoing detoxification; Causing harm to the health of others with bodily harm rates from 31% to 60%; Causing dangerous diseases to others; Dangerous recidivism.
An Tây, singer Chi Dân, and Trúc Phương could face imprisonment from 15 years to 20 years if they cause harm to the health of others with bodily harm rates from 61% or more or cause death; Causing harm to the health of 2 or more people with bodily harm rates of each person from 31% to 60%; Causing dangerous diseases to 2 or more people or committing crimes against persons under 13 years old.
The maximum penalty for this crime is a prison sentence of 20 years or life imprisonment if the crime falls under one of the two circumstances: Causing harm to the health of 2 or more people with bodily harm rates of each person 61% or more; Causing the death of 2 or more people.
Before being arrested, Andrea was known as a model with a charming face
In the case of model An Tây being additionally prosecuted for Illegal possession of narcotics, lawyer Hùng cited Clause 1 of Article 249 of the 2015 Penal Code amended in 2017. Specifically:
Anyone who illegally possesses narcotics without the intent to sell, transport, or produce narcotics under one of the following circumstances shall be sentenced to imprisonment from 1 year to 5 years:
Having been administratively penalized for the act specified in this Article or having been convicted of this crime or one of the crimes specified in Articles 248, 250, 251, and 252 of this Code, and not having had their criminal record erased while still violating.
Opium resin, cannabis resin, or coca paste weighing from 1 gram to under 500 grams; Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR-11 weighing from 0.1 gram to under 5 grams; Coca leaves; khat leaves (Catha edulis); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or parts of other plants containing narcotic substances as defined by the government weighing from 1 kilogram to under 10 kilograms; Dried opium pods weighing from 5 kilograms to under 50 kilograms; Fresh opium pods weighing from 1 kilogram to under 10 kilograms; Other narcotic substances in solid form weighing from 1 gram to under 20 grams; Other narcotic substances in liquid form with a volume from 10 milliliters to under 100 milliliters; Having 2 or more narcotic substances with a total weight or volume equivalent to the weight or volume of narcotics specified in one of the points from b to h of this clause.
Thus, for the act of Illegal possession of narcotics, according to lawyer Hùng, the offender could face a maximum of 5 years in prison.
Currently, the Ho Chi Minh City Police’s Investigation Agency is continuing to investigate and clarify the case.
