China News Service, June 23, according to the Supreme Law website, "June 26" International Anti-Drug Day is coming, in order to fully show the policy position of the People's Court to severely punish drug crimes according to law, the relevant departments of the Supreme People's Court are within the scope of the national courts. Collected and collated 10 typical cases of drug crimes and drug-induced secondary crimes concluded since 2019.
Among them, three death penalty cases are: Wu Chuan, Wu Haizhu's drug trafficking, transportation, and manufacturing cases, Zhou Xinlin's drug trafficking case, and Zhang Wei's intentional murder case; the other 7 cases are: Liu Yong and other drug trafficking, manufacturing cases, Zhu Hao Smuggling and transporting drugs, Bian Chenchen's drug trafficking and illegal use of information networks, Liu Yanquan's drug trafficking, Zou Huosheng's case of tempting others to use drugs and theft, Chen Desheng's case of allowing others to take drugs, and Lu Xiaochun's illegal production and sale of drugs.
Case 1
The case of selling, transporting and manufacturing drugs in Wu Chip and Wu Haizhu
——The number of drugs produced, transported and sold by many people is extremely huge, and the crimes are extremely serious
(1) Basic case
The defendant Wu Pian, male, Han nationality, was born on August 17, 1972, a farmer.
The defendant Wu Haizhu, male, Han nationality, was born on October 23, 1964, a farmer.
In November 2015, the defendants Wu Chu, Wu Haizhu and Wu Moujia (at fugitive), Zhang Weijian (defendant in the same case, sentenced), etc., in Lufeng City, Guangdong Province, planned to jointly invest in the manufacture of methamphetamine (meth), Wu Moujia gathered Chen Jiangbin and Wu Jiarui (both defendants in the same case, sentenced) participated. Later, Wu Pian and others rented a factory in Sihui City, Guangdong Province as a drug manufacturing plant, and transported raw materials and workers from Lufeng City to the site to start manufacturing methamphetamine.
In the early morning of December 5 of the same year, the defendants Wu Pian, Wu Haizhu, and Wu Moujia instructed Zhang Weijian and Chen Jiangbin to drive the 24 boxes of methamphetamine to the entrance of the highway, and handed the car to Wu Jiarui to Huilai County, Guangdong Province. Wu Haizhu, Chen Jiangbin, Wu Pian, and Wu Moujia drove forward to explore the road respectively. Later, Wu Haizhu instructed Wu Jiarui to unload 7 boxes of drugs and sell them to others in Longjiang Town, Huilai County, and transfer 4 boxes of drugs to his car. Wu Jiarui drove the car to Jiazi Town, Lufeng City, and Wu Mouyi (handled separately) took the remaining 13 boxes of drugs from the car for sale.
On the same month, on the same month, after defendant Wu Chuan conspired with Wu Moujia, Wu Mouyi, etc., Zhang Weijian loaded 7 boxes of methamphetamine from the drug manufacturing plant to Dongguan City, Guangdong Province, and handed over the drugs to buyers contacted by Wu Mouyi. The receivers Liu Moumou and Zhang Moumou were sent (all handled separately). At 0:00 the next day, Liu and Zhang were intercepted while driving to Guangzhou. Police officers seized the above 7 boxes of methamphetamine from the car on the spot, totaling about 192 kg.
On the 10th of the same month, the defendant Wu Haizhu was introduced by Lin Zongting (defendant in the same case, sentenced) in Jiazi Town, Lufeng City, and negotiated with Ji Moumou (at fugitive) to trade 550 kg of methamphetamine and received a deposit of HKD 200,000. At about 22:00 on the same month, after Wu Haizhu, Lin Zongting, Ji Moumou, etc. confirmed the transaction in Zhaoqing City, Guangdong Province, Chen Jiangbin drove Ji Moumou's car to the drug manufacturing plant to load methamphetamine, and then parked the car at Parking lot of a hotel in Zhaoqing. In the early morning of the next day, public security personnel arrested Wu Pian and others at the bottom of a highway bridge in Sihui City, and Wu Haizhu and others at the drug factory. Public security personnel seized 15 boxes of methamphetamine in the car of the above hotel parking lot Jimou, and 6 boxes and 3 woven bags of methamphetamine in the car of the drug factory. The total methamphetamine was about 830 kg. Public security personnel also seized about 882 kilograms of off-white solid-liquid mixture containing methamphetamine in the drug factory, as well as several drug-making materials and tools.
(2) Referee result
The case was first tried by the Intermediate People's Court of Zhaoqing City in Guangdong Province and the second instance by the Guangdong High People's Court. The Supreme People's Court reviewed the death penalty in this case.
The court held that the defendants Wu Pian and Wu Haizhu, together with others, manufactured methamphetamine, and transported and sold the manufactured drugs, all of which had constituted the crime of trafficking, transporting, and manufacturing drugs. Wu Pian and Wu Haizhu gather many people to manufacture, transport, and sell drugs. The number is extremely huge, the society is extremely harmful, and the crimes are extremely serious. In joint crimes, the two defendants are the principal offenders with the most prominent blame, and should be punished in accordance with all the crimes organized, directed and participated by them. According to this, the defendants Wu Pian and Wu Haizhu were sentenced and approved to death, deprived of political rights for life, and confiscated all personal property.
The criminals Wu Chuan and Wu Haizhu were sentenced to death on June 15, 2020.
(3) Typical meaning
In recent years, my country has faced the dual pressure of overseas drug penetration and the spread of domestic drug-making crimes, especially the serious situation of drug-making crimes, which is particularly prominent in individual regions. This case is a typical case where a large amount of methamphetamine is manufactured and transported and sold. The defendants Wu Chuan and Wu Haizhu gathered multiple people to participate in the crime, organized the transportation, contacted and sold the drugs at the selected drug manufacturing plant, and formed a "one-stop production, supply and marketing" crime chain. The amount of drugs involved in the crimes of Wu Pian and Wu Haizhu is particularly huge. The seized methamphetamine product alone amounted to more than 1 ton, and more than 800 kilograms of semi-finished drug products were seized. A large number of drugs have flowed into the society. The society is extremely harmful and the crime is extremely serious. . The People’s Court sentenced both to death in accordance with the law, reflecting the strict punishment stance on the source crimes of the manufacture of drugs.
Case 2
Zhou Xinlin's Drug Transport Case
——The amount of drugs transported by others is extremely huge, and it is a recidivism. The crime is extremely serious
(1) Basic case
The defendant Zhou Xinlin, male, Han nationality, was born on September 12, 1978, a farmer. On June 28, 2005, he was sentenced to 14 years’ imprisonment for the crime of theft and illegal possession of firearms, and was fined RMB 130,000. He was released on parole on October 30, 2012, and the parole test period is until July 2015. 3 days only.
On July 12, 2015, the defendants Zhou Xinlin and Liu Mansheng (the defendant in the same case, who had been sentenced) rented a house in a community in Jinghong City, Yunnan Province, for hiding drugs. In August of the same year, Zhou Xinlinjing contacted the drug home, and Liu Mansheng went to Xiaomenla, Myanmar to "inspect the goods". The latter two drove two cars specially purchased in advance to pick up the drugs near the Gasa Town in Jinghong City. To hide in the above rented house. On the same month on the 10th, public security personnel seized 40,490 grams of methamphetamine tablets (commonly known as "Magu") in the rented house, and arrested Zhou and Liu the following day.
(2) Referee result
The case was first tried by the Intermediate People's Court of Baoshan City, Yunnan Province, and the second instance by the Higher People's Court of Yunnan Province. The Supreme People's Court reviewed the death penalty in this case.
The court held that the defendant Zhou Xinlin illegally transported methamphetamine tablets, and his actions constituted a crime of drug transport. Zhou Xinlin rectified the defendant Liu Mansheng in the same case to jointly purchase drug transport vehicles, rent a house, go abroad to check drugs and pick up and hide drugs, contact with the home alone, be the principal offender, and be more guilty of joint crimes, and should be more guilty of joint crimes. Penalties for all crimes involved. The amount of drugs that Zhou Xinlin transports is extremely huge, the society is extremely harmful, and the crimes are extremely serious. He was sentenced to fixed-term imprisonment or more for the crime. If he commits another sentence within the month of the parole test, he should be sentenced to a fixed-term imprisonment or more. Deep, personal danger is great, should be punished according to law. According to this, the defendant Zhou Xinlin was sentenced and approved to death, deprived of political rights for life, and confiscated all personal property.
The criminal Zhou Xinlin was executed on April 21, 2020.
(3) Typical meaning
The southwestern region is close to the "Golden Triangle" and has always been a key area for my country to strictly prevent the import and penetration of foreign drugs. Smuggling drug imports from Yunnan and spreading to inland provinces is an important way of drug crime in the region, and it has also been the source drug crimes that have been focused on. This case is a typical case of overseas "inspection", domestic transportation and hiding of drugs. The defendant Zhou Xinlin and others bought cars for drug transport, rented houses for possession of drugs, checked drugs abroad, and contacted home to collect drugs. The number of drugs involved was particularly large, and he was sentenced to a heavy sentence for crimes. He also committed drug crimes immediately, was a repeat offender, was subjectively vicious, and could not be reformed. According to the evidence in the case, Zhou Xinlin was suspected of transporting drugs for trafficking. This situation is different from simply being ordered and hired to transport drugs for others. Sentencing should be strict.
Case 3
Liu Yong and other drug trafficking and manufacturing cases
——Manufacturing and selling a variety of new drugs such as fentanyl, severely punished according to law
(1) Basic case
The defendant Liu Yong, male, Han nationality, was born on November 5, 1978, the company's manager.
The defendant, Jiang Juhua, female, Han nationality, was born on September 14, 1964, and a merchant.
The defendant Wang Fengxi, male, Han nationality, was born on February 2, 1983, the company's operator.
The defendant Xia Zengxi, male, Han nationality, was born on May 10, 1975, the company's manager.
The defendant, Yang Xing, male, Han nationality, was born on October 12, 1989, unemployed.
The defendants Yang Jiangcui, Zhang Junhong, Liang Dingding and Yu Miao are all clerk of the defendants Wang Fengxi and Xia Zengxi.
In May 2017, the defendants Liu Yong and Jiang Juhua conspired to manufacture drugs such as fentanyl by Liu Yong, and Jiang Juhua contacted customers to sell them. Later, Jiang Juhua Liu Yong provided some funds. In October of the same year, Jiang Juhua sold 285.08 grams of fentanyl manufactured by Liu Yong to defendant Wang Fengxi. On December 5, the same year, the public security personnel captured Liu Yong, and later seized 5017.8 grams of fentanyl, 3,338.16 grams of desipazepam, 41.9 grams of diazepam, and 5012.96 grams of alprazolam from a laboratory rented by Liu Yong in Changzhou City, Jiangsu Province. For drugs and drug-making equipment and raw materials, 6554.6 grams of fentanyl and other chemicals and raw materials were seized from Liu Yong’s rental office in Shanghai.
Since November 2016, the defendants Wang Fengxi and Xia Zengxi have set up companies and recruited defendants Yang Jiangcui, Zhang Junhong, Liang Dingding, Yu Miao and others as salesmen to release information through the Internet to sell drugs. Wang Fengxi successively purchased the aforementioned 285.08 grams of fentanyl from the defendant Jiang Juhua, 991.2 grams of alprazolam from the defendant Yang Xing, and purchased drugs such as furan fentanyl from other places. After the case, the public security authorities seized 211.69 grams of fentanyl, 25.3 grams of furan fentanyl, and 991.2 grams of alprazolam that Wang Fengxi planned to send to the buyer by express; 73.39 grams of fentanyl deposited by Wang Fengxi was seized from Yangjiang Cui , Furan fentanyl 14.23 g, 4-chloromethacinone 8.33 g, 3,4-methylenedioxyethacidone 1,920.12 g; Alpazolam 6 717.4 g was seized from Yang Xing residence.
(2) Referee result
This case was first tried by the Intermediate People's Court of Xingtai City in Hebei Province and the second instance by the Higher People's Court of Hebei Province.
The court held that the defendants Liu Yong and Jiang Juhua conspired to manufacture and sell fentanyl and other drugs, and their actions have constituted the crime of trafficking and manufacturing drugs. The defendants Wang Fengxi, Xia Zengxi, Yang Xing, Yang Jiangcui, Zhang Junhong, Liang Dingding, Yu Miao knowingly sold drugs or helped to sell them. Their actions have all constituted drug trafficking crimes. Liu Yong and Jiang Juhua manufacture and sell fentanyl and other drugs in large quantities, and are the principal offenders in joint crimes. The crime committed by Liu Yong is extremely serious. According to the facts, nature and specific circumstances of the crime, he was sentenced to death, suspended for two years, deprived of political rights for life, and confiscated all personal property; Jiang Juhua’s role is relatively less than Liu Yong’s Sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property. Wang Fengxi and Xia Zengxi jointly sell fentanyl and other drugs in large quantities. Wang Fengxi is the principal offender, but has a true confession and merits. He is sentenced to life imprisonment, deprivation of political rights for life, and confiscation of all personal property; Xia Zengxi is an accomplice and sentenced to him. Ten years' imprisonment and a fine of RMB 100,000. Yang Xing sold a small amount of drugs and was sentenced to two years in prison with a fine of RMB 60,000. Yang Jiangcui, Zhang Junhong, Liang Dingding, and Yu Miao participated in a small amount of drug crimes, and were all accomplices. The four were sentenced to imprisonment of one year and eight months, one year and six months, one year and four months, and six months, And fines.
The above referee had legal effect on June 17, 2020.
(3) Typical meaning
Fentanyl substance abuse is currently becoming a new drug problem facing the international community, and such crimes have also occurred in our country. In order to prevent the spread of fentanyl-based crimes, on the basis of clearly controlling 25 kinds of fentanyl-based substances in the past, the relevant state departments also included fentanyl-based substances in the category of "non-medicinal" on May 1, 2019. The Supplementary Catalogue of Controlled Varieties of Narcotic Drugs and Psychotropic Drugs is listed as a whole. This case is the first influential fentanyl-based criminal case in China, involving fentanyl, fentanyl furan, alprazolam, norzepam, 4-chloromethacinone, 3,4-methylene di A variety of new drugs such as oxyethylcarbazone and some are new psychoactive substances. The People's Court severely punished the four persons according to the types, amounts, harms of the drugs involved and the crimes committed by the defendants Liu Yong, Jiang Juhua, Wang Fengxi and Xia Zengxi, especially the suspension of execution of Liu Yong's death sentence, which fully reflects this Strong punishment for similar crimes.
Case 4
Zhu Hao smuggling and transporting drugs
——Accepting employment by others through mobile phone network, smuggling and transporting drugs in large quantities
(1) Basic case
The defendant Zhu Hao, male, Han nationality, was born on May 5, 1996, and was unemployed.
In December 2018, the defendant Zhu Hao used his mobile phone to search for a job because he owed foreign debts. After searching for the information that "delivery" can obtain high remuneration, he actively contacted the other party and agreed to "delivery". According to the arrangement of the other party, Hou Zhuhao traveled from Chengdu, Sichuan Province through Kunming City, Yunnan Province to Menglian Dai Lahu and Wa Autonomous County, Yunnan Province.
In late January 2019, the defendant Zhu Hao took a trolley case from the other party, returned to the country under the arrangement of the other party, returned to Kunming City after many times of transfers, and took the G286 train to Jinan City, Shandong Province. At 18:00 on the same month on the 27th, public security personnel arrested Zhu Hao on the train and seized 2 packets of heroin from the bottom mezzanine of the trolley case he carried on the spot, with a net weight of 2063.99 grams.
(2) Referee result
This case was tried by the Jinan Railway Transportation Intermediate Court and the Shandong Provincial High People's Court.
The court held that the defendant Zhu Hao brought drugs from Myanmar to our country and transported them. His behavior has constituted the crime of smuggling and transporting drugs. Zhu Hao could not make a reasonable explanation for the behavior of smuggling to Myanmar for one month after accepting employment, carrying a high-paid remuneration for carrying only a trolley case with clothes, repeatedly changing vehicles on the way, and mostly choosing to walk on mountain roads, drugs It was also seized from the mezzanine of the trolley case it carried, and it could be determined that it was smuggled and transported knowingly that it was a drug. Zhu Hao has a large number of drugs involved in committing crimes. Given that he accepts the employment of others to smuggle and transport drugs, and has a lenient punishment for first offenders and offenders, he can be given a lighter punishment. Accordingly, the accused Zhu Hao was sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property.
The above referee had legal effect on March 19, 2020.
(3) Typical meaning
In order to evade punishment, drug criminals use high rewards as bait to recruit young people without crimes to transport drugs back to the mainland from abroad. Such cases have occurred in recent years and have become a new trend in my country's drug crimes. This case is a typical case of a young person without a case who accepts the smuggling and transportation of drugs through the mobile phone network. The defendant, Zhu Hao, received high remuneration and accepted others to hire, smuggle, and transport drugs on the Internet and commit serious crimes. After returning to the court, Zhu Hao argued that he did not know that the carrying trolley contained drugs, which was inconsistent with the evidence confirmed by the case. The People’s Court sentenced Zhu Hao to life imprisonment in accordance with the facts, nature and specific circumstances of the crime, reflecting the severe punishment for drug crimes.
Case 5
Bian Chenchen and other cases of drug trafficking and illegal use of information networks
——Illegal cultivation, sales of cannabis, illegal use of online forums to release information such as cannabis cultivation
(1) Basic case
The defendant Bian Chenchen, male, Han nationality, was born on February 20, 1995, student.
The defendant Bian Shilei, male, Han nationality, was born on September 20, 1970, and is a worker.
In the winter of 2017, the defendant Bian Chenchen provided cannabis seeds to his father, the defendant Bian Shilei. Bian Shilei planted it in his factory dormitory and home. Since January 2018, Bian Chenchen has sold marijuana to others through WeChat. After conspiracy with Bian Shilei, Bian Chenchen contacted the seller to collect and collect the money. Bian Shilei dried and cured the mature marijuana into finished cannabis leaves and sent it to the buyer by courier. By October of the same year, Bian Chenchen had sold marijuana a total of 294 grams at least 18 times, with a profit of 13,530 yuan, of which Bian Shilei participated in selling at least 11 times a total of 241 grams. After the incident, public security personnel seized 12 cannabis plants and 16 cannabis leaves at Bian Shilei.
It was also found that "gardener" is an online forum engaged in the exchange of cannabis cultivation experience, the sale and purchase of cannabis seeds and finished products, and imparting anti-investigation methods. The defendant Bian Chenchen registered his account "Bai Zhenye" on January 7, 2015 to join the "gardening" forum. He is the moderator of the forum and is responsible for managing the internal tutorial section. A total of 19 topic posts about cannabis knowledge and planting technology were posted. Hemp cultivation technology 164 times.
(2) Referee result
This case was tried by the People's Court of Zhuji City, Zhejiang Province.
The court held that the defendants Bian Chenchen and Bian Shilei knew that marijuana was cultivated and sold as a drug, and their actions had constituted drug trafficking crimes. Bian Chenchen and Bian Shilei sold marijuana several times, which was a serious case, and the two committed a joint crime, and should be punished according to all the crimes they participated in. Bian Chenchen used information networks to publish information about drug-related crimes and crimes. The circumstances were serious, and his behavior constituted the crime of illegal use of information networks. Bian Chenchen and Bian Shilei can truthfully confess the crime facts after they are brought to justice, and plead guilty and punishment, and can be given a lighter punishment. Several crimes committed by Bian Chenchen shall be punished according to law. According to this, the accused Bian Chenchen was sentenced to four years’ imprisonment for the crime of drug trafficking and fined RMB 25,000, and was sentenced to one year and four months for the crime of illegal use of information networks and a fine of RMB 5,000. , Decided to implement a four-year and nine-month imprisonment with a fine of RMB 30,000; the accused Bian Shilei was sentenced to three years and nine months in prison for drug trafficking and a fine of 25,000 yuan.
After the sentence was pronounced, there was no appeal or protest within the statutory period, and the above-mentioned referee had legal effect on October 29, 2019.
(3) Typical meaning
With the advent of the information age, various network platforms and self-media have developed rapidly, playing a very important role in social life. At the same time, some criminals use network platforms to facilitate identity hiding, rapid information dissemination, and are not subject to geographical restrictions. They create or operate illegal forums, live broadcast platforms, etc. to carry out drug-related criminal activities. This case is a case where the defendant planted, sold cannabis and used illegal forums to release relevant criminal information. The defendant Bian Chenchen pointed out that his father Bian Shilei planted marijuana, and the two cooperated in the sale. Bian Chenchen also long-term managed illegal forums that spread methods of cultivating marijuana and selling finished cannabis, and committed two crimes at the same time. The People's Court sentenced the second defendant to corresponding penalties according to law.
Case 6
Liu Yanquan's drug trafficking case
——National staff committing drug crimes are severely punished according to law
(1) Basic case
The defendant, Liu Yanquan, male, Han nationality, was born on September 15, 1985, an employee of the Forestry and Animal Husbandry Enforcement Brigade, Guanyun County, Jiangsu Province.
On the evening of August and September 2019, defendant Liu Yanquan sold Wang Dongming methamphetamine (meth) in Wangxu Village, Yishan Town, Guanyun County, Jiangsu Province, for about 0.5 grams. In October of the same year, Liu Yanquan sold Zhou Lemethamphetamine at the door of the old power supply company in the county for about 0.3 grams.
(2) Referee result
The case was tried by the Guanyun County People's Court of Jiangsu Province.
The court held that the defendant Liu Yanquan knew that it was a drug and sold it, and that his act constituted a crime of drug trafficking. As a state worker, Liu Yanquan sells a small amount of drugs, which is a serious situation. In view of its truthful confession, confession and punishment and other circumstances, the punishment can be lighter. Accordingly, the defendant Liu Yanquan was sentenced to three years in prison with a fine of RMB 10,000.
After the sentence was pronounced, there was no appeal or protest within the statutory period, and the above-mentioned referee had legal effect on March 28, 2020.
(3) Typical meaning
National staff should have resisted drugs more consciously and actively combated drug offences and crimes. However, in recent years, there have been some national staff involved in drug offences and crimes, which have caused adverse social impacts. The defendant Liu Yanquan in this case was an employee of a public institution affiliated to the Natural Resources and Planning Bureau of Guanyun County and had the status of a national staff member. According to Article 4 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Drug Crime Cases, its Belongs to the sale of a small amount of drugs "serious plot". The People’s Court sentenced Liu Yanquan to three years’ imprisonment in accordance with law, reflecting the severe punishment for such crimes.
Case 7
Zou Huosheng lures others into drug use and theft
——Induce others to take drugs and instigate others to steal together, punish according to law
(1) Basic case
The defendant Zou Huosheng, male, Han nationality, was born on October 9, 1987, a farmer.
The defendant, Zou Huosheng, was a villager from a village in Huazhou City, Guangdong Province, and intended to entice him to take drugs with the villager, Zou Moumou (handled in another case). One day in September 2018, Zou Huosheng borrowed from Zou Moumou to buy heroin, and came to Zou Moumou's home that night, claiming that heroin smoking could eliminate Zou Moumou's leg pain. Zou Moumou said that he would not take drugs. Zou Huosheng put heroin on tin foil and heated it to let Zou Moumou smoke the smoke. After that, Zou Mouzo asked Zou Huosheng to buy heroin when he suffered from leg pain.
One evening in November of the same year, the defendants Zou Huosheng and Zou Moumou had an addiction but had no money to buy drugs. On the proposal of Zou Huosheng, the two sneaked into a villager's house in the same village and stole an LCD TV. The next day, Zou Huosheng sold 400 yuan from the TV set, and used 100 yuan to buy heroin and smoked with Zou Moumou.
(2) Referee result
The case was tried by the People's Court of Huazhou City, Guangdong Province.
The court held that the defendant Zou Huosheng's act of inducing others to take drugs has already constituted the crime of inducing others to take drugs; Zou Huosheng's act of illegal possession for the purpose of stealing property with other people's households constitutes the crime of theft. In view of Zou Huosheng's truthful confession of his crimes, and pleading guilty to guilt in court, he may be given a lighter punishment. Several crimes committed by Zou Huosheng should be punished according to law. Accordingly, Zou Huosheng was sentenced to one year and two months imprisonment for inducing others to take drugs, and a fine of RMB 2,000; the imprisonment was sentenced to seven months and a fine of RMB 1,000. In six years, and a fine of 3,000 yuan.
After the sentence was pronounced, there was no appeal or protest within the statutory period, and the above-mentioned judgment has become legally effective on April 30, 2019.
(3) Typical meaning
Drug addiction not only damages the health of the body, but high expenditures can also cause economic difficulties and induce drug abusers to commit crimes such as theft and robbery. my country's criminal law does not set the number and circumstances of the crimes of inducing, abetting, and deceiving others to commit drug abuse. Therefore, those who carry out such acts should generally be held criminally responsible. This case is a typical case of jointly inciting others to commit crimes of financial invasion after jointly inducing drug abuse. The defendant, Zou Huosheng, lured the villagers of the same village to take heroin on the grounds that drug abuse can eliminate the pain, and incited them to steal property together in order to purchase drugs, which more prominently reflected the harm of drug-induced crime. The people's court sentenced Zou Huosheng to the penalty according to the facts, nature and specific circumstances of the crime.
Case 8
Chen Desheng allows others to take drugs
——Accommodating many minors to take drugs, severely punished according to law
(1) Basic case
The defendant Chen Desheng, male, Tujia, was born on September 14, 1999 and is a student at school.
On the evening of May 12, 2018, defendant Chen Desheng celebrated his birthday with his girlfriend Huang Moumou (minor), leaving Zhang Moumou, Lin Moumou and 14 in the room of a concert hall in Jingzhou District, Jingzhou District, Hubei Province Minors smoke ketamine (commonly known as "K powder"). At 22:00 on the same day, public security personnel seized Chen Desheng, Huang Moumou and the above 16 drug addicts in the room. After a urine test, Chen Desheng and 16 drug users tested positive for ketamine.
It was also found that on December 18, 2017, the defendant Chen Desheng was invited by others to participate in the gathering crime.
(2) Referee result
The case was tried by the People's Court of Jingzhou District, Jingzhou City, Hubei Province.
The court held that the defendant Chen Desheng allowed many minors to take drugs, and his behavior constituted the crime of accommodating others, and he should be punished severely; Chen Desheng actively participated in the gathering, and his behavior also constituted the crime of gathering. The number of crimes committed should be punished according to law. Accordingly, the defendant Chen Desheng was sentenced to three years’ imprisonment for the crime of accommodating others with a fine of RMB 10,000; he was sentenced to three years’ imprisonment for the crime of gathering together to fight, and decided to carry out a fixed term of five years and six months, and a fine RMB ten thousand.
After the sentence was pronounced, there was no appeal or protest within the statutory period, and the above-mentioned referee had legal effect on August 3, 2019.
(3) Typical meaning
Drugs are addictive, and once contaminated, it is easy to cause physical and psychological dependence. In recent years, the incidence of drug-accepting cases in other countries has been relatively high, and the characteristics of the younger age of drug addicts are more prominent. Minors are immature and more vulnerable to drug abuse. This case is a typical case of accommodating many minors taking drugs. The defendant, Chen Desheng, was a student at the school. When he celebrated his girlfriend's birthday, he accommodated many minors who came to the party to take drugs together. He has changed from a simple drug abuser to a drug offender. The people's court sentenced the punishment severely according to the facts, nature and specific circumstances of Chen Desheng's crime.
Case 9
Lv Xiaochun and other cases of illegal production and sale of drugs
——The illegal sale of bromophenylacetone and the production of ephedrine are particularly serious
(1) Basic case
The defendant, Lu Xiaochun, male, Han nationality, was born on February 24, 1968 and was unemployed. On January 10, 2008, he was sentenced to fifteen years imprisonment for drug trafficking and a fine of RMB 100,000. He was released on July 6, 2015.
The defendant Gao Juncheng, male, Han nationality, was born on December 2, 1981, working as a worker. On June 30, 2014, he was sentenced to fixed-term imprisonment of one year and six months for the crime of transporting and manufacturing drugs, and was fined 10,000 yuan. He was released on November 23 of the same year.
The defendant Zheng Ying, male, Han nationality, was born on May 25, 1982, a farmer. On November 11, 2003, he was sentenced to six years in prison for robbery and was fined RMB 2,000.
In March 2017, the defendant Lv Xiaochun produced ephedrine and contacted the defendant Zheng Ying through the Internet to purchase 1-phenyl-2-bromo-1-acetone (commonly known as bromophenylacetone) 200 kg. Later Lu Xiaochun hired the defendant Gao Juncheng to participate in the production, and purchased poison-making tools and other raw materials. On January 20, 2018, public security personnel arrested Lu Xiaochun and Gao Juncheng at No. 93 Yongle Road, Shibei District, Qingdao City, Shandong Province, and seized 5.65 kg of ephedrine, 104.65 kg of liquid containing ephedrine and other chemical agents there. After Zheng Ying was arrested and brought to justice.
(2) Referee result
The case was first tried by the People's Court of Shibei District, Qingdao City, Shandong Province, and the second instance by the Intermediate People's Court of Qingdao City, Shandong Province.
The court held that the defendant Lu Xiaochun illegally bought and produced raw materials for the manufacture of drugs, the circumstances were particularly serious, and his conduct had constituted the crime of illegal production and sale of drug-making materials; the defendant Gao Juncheng illegally produced the raw materials for the manufacture of drugs, the circumstances were particularly serious The act has constituted the crime of illegal production of drug-making substances; the defendant Zheng Ying illegally sold raw materials used in the manufacture of drugs, the circumstances are particularly serious, and his act has constituted the crime of illegally buying and selling drug-making substances. Lv Xiaochun and Gao Juncheng are both principals in joint crimes, and are both recidivists and drug offenders, and should be punished severely according to law. All three truthfully confessed the main crime facts and were given a lighter punishment. Accordingly, the defendant Lu Xiaochun was sentenced to 10 years and 6 months in prison and fined 30,000 yuan; Gao Juncheng was sentenced to 9 years and 6 months and fined 20,000 yuan; the defendant Zheng Ying was sentenced to eight years and six months in prison with a fine of RMB 20,000.
The above referee had legal effect on July 3, 2019.
(3) Typical meaning
Affected by a variety of factors, the current problem of illegal and criminal drug production in my country is more prominent. This case is a typical case of illegal production and sale of drugs. Bromophenylacetone is an important raw material for the synthesis of ephedrine, and ephedrine can be used in the manufacture of the drug methamphetamine, both of which are precursor chemicals that are strictly controlled by the state. According to Article 8 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Drug Crime Cases, the three defendants, Lv Xiaochun, Gao Juncheng, and Zheng Ying, committed crimes in the manufacture of drugs are particularly serious, and the People’s Court sentenced them accordingly It reflects the firm punishment for such drug crimes.
Case 10
Zhang Wei's intentional murder
——Having a long history of drug abuse, killing innocent children, the crime is extremely serious
(1) Basic case
The defendant, Zhang Wei, male, Han nationality, was born on July 16, 1989, an employee of the Market Supervision Administration of Xinshao County, Hunan Province.
The defendant, Zhang Wei, started taking drugs in 2012 and has been detoxified and sent to medical treatment many times. At 16:00 on December 21, 2016, Zhang Wei drove through the section of Caixing Road, Leijia'ao Village, Yaoxi Town, Xinshao County, Hunan Province, and saw Wang Moumou (the victim, male, 7 years old) carrying a school bag in Walking on the roadside, he deceived him into the car. At about 21:00 on the same day, Zhang Wei drove to a remote road in Pingxin Village, Pingshang Town, Xinshao County. After parking, he took the sleeping Wang Moumou off the vehicle and cut and chopped the neck of the king with a kitchen knife. The department died. Zhang Wei threw Wang Moumou's head and torso into the nearby grass and fled the scene.
(2) Referee result
This case was tried by the Shaoyang Intermediate People's Court of Hunan Province and the Hunan Provincial High People's Court of the second instance. The Supreme People's Court reviewed the death penalty in this case.
The court held that the defendant Zhang Wei deliberately and illegally deprived others of his life, and his actions constituted a crime of intentional homicide. Zhang Wei killed innocent children, the crimes were cruel, the circumstances were particularly bad, the crimes were extremely serious, and he should be punished according to law. According to this, the defendant Zhang Wei was sentenced and approved the death penalty according to law, depriving him of political rights for life.
The criminal Zhang Wei was executed on June 17, 2020 according to law.
(3) Typical meaning
Drug abuse is illegal and self-trapping. Medical research shows that long-term drug use may cause irreversible damage to the human brain's central nervous system. For mental disorders caused by drug use, it is generally not used as a reason for lenient punishment. This case is a typical case of a defendant who suffered from mental disorders due to long-term use of drugs and killed innocent children. The defendant, Zhang Weiming, knew that he would experience hallucinations and other mental abnormalities after taking drugs. He was repeatedly detoxified and sent to hospital, but he continued to take drugs for a long time. Zhang Wei deceived the lone 7-year-old child and killed him, resulting in the separation of his body. The criminal means was cruel, the plot was particularly bad, and the crime was extremely serious. The People’s Court sentenced Zhang Wei to death in accordance with the law, reflecting severe punishment for serious violent crimes induced by drug abuse.