The participation of minors and other special groups in drug crimes is becoming increasingly prominent
Why legal care is a "talisman" of drug trafficking
Last year, a minor drug trafficking case attracted the attention of all parties: two post-00 junior high school graduates smuggled into Myanmar under the introduction of a friend, swallowed 300 grams of heroin, and transported them back to the country for trade by possession of drugs.
According to the Criminal Law, a person who has reached the age of sixteen should commit criminal responsibility for committing a crime. On November 14, 2019, both minors were sentenced to 7 years in prison by the Shanghai Railway Transportation Intermediate Court for a crime of smuggling and transporting drugs, and fined 7,000 yuan.
The police of the Nanjing Railway Public Security Department said that minors are very in line with the “employment needs” of drug dealers. Young means good physical fitness, and they can make more money by swallowing drugs, and their legal awareness is weak and easy to control.
In recent years, with the substantial increase in drug crime cases, the problem of participation of special populations in drug crimes has become increasingly prominent, and it has become a "cancer" that is difficult to remove from drug detection and detection. An important source of the spread and high incidence of criminal cases.
Legal care turned into "amulet"
From July 2011 to March 2015, the last time he was arrested, 35-year-old Wang Hui (pseudonym) was released on bail 5 times by the Nanjing police for trafficking in nearly 54 kg of various drugs. Why do the police always "catch and release"? It turned out that for several years, Wang Hui had 3 children who had never been married, and had been pregnant and breastfeeding. The Criminal Procedure Law stipulates that women who are pregnant or are breastfeeding babies may be released on bail pending trial. The regulations of detention centers stipulate that women who are pregnant or breastfeeding babies under one year of age shall not be admitted.
Not only pregnant women, but also severely ill patients with heart disease, uremia or AIDS, and people with disabilities who use their special identities also use legal care to carry out illegal activities.
In 2016, Jiangsu Yancheng police arrested Zhang Mou, a suspect in drug trafficking, who was released on bail pending trial for serious illness. After that, he bought drugs in large quantities through three "homes" and sold them to others. Each purchase of methamphetamine ranged from 1 kg to 4 kg. Over the past few months, "business" is getting better and better and more and more offline.
In June 2017, Zhang was arrested by public security organs. The Yancheng Intermediate People's Court sentenced him to death for the crime of selling and transporting drugs for nine purchases of 19.1 kg of drugs.
According to media reports, an AIDS drug dealer in Dongguan, Guangdong, was also "caught and released." The policeman who handled the case admitted in an interview: "He is crappy and has AIDS and tuberculosis. If he gets back, we can only pay him for treatment. The prison will not accept him at all."
Zhang Xuemei, Prosecutor of the People’s Procuratorate of Wujin District, Changzhou City, Jiangsu Province, said: "The increased number of drug trafficking cases by special groups has made it difficult to crack down on drug dealers. This has led to the fear of such people. They have repeatedly and publicly engaged in drug trafficking activities; Can not achieve good social effects."
Zhang Xuemei found that the drug trafficking of special groups is increasing year by year, and the social harm is increasing. In her procuratorate, there were no drug trafficking cases by special groups in the drug trafficking cases handled before 2015; there were 1 case and 1 person in drug trafficking cases handled in 2016 and 2017; in 2018, 7 special groups participated Trafficking in drugs is seven times that of the previous period and has been on the rise in recent years. In addition, drug trafficking among high-risk patients is prominent, and most of them are engaged in drug trafficking. The drug trafficking of special groups is obviously open and professional. As a means of making a living, drug trafficking has gradually changed from underground drug trafficking to open drug trafficking.
In addition, special groups have a high rate of repeated crimes, and some high-risk patients are again drug-trafficked during the bail pending trial and execution outside prison, repeat crimes, and repeatedly challenge legal authority.
Why do special people sell drugs
Zhang Xuemei analyzed that there are multiple reasons for drug trafficking by special groups. They lack the source of life and necessary medical assistance, and lack the care of family and society. They are attracted by the huge profits of drug trafficking. In addition, restrictions on the conditions of detention prevent some drug traffickers belonging to special groups from being punished.
Article 10 of the Regulations on Detention Centers stipulates that “who suffers from other serious diseases and may be in danger of life in custody or cannot take care of themselves” is not admitted.
Article 17 of the Prison Law stipulates: "Prisons shall carry out physical examinations of criminals who have been sentenced to execution. After inspection, criminals sentenced to life imprisonment and fixed-term imprisonment may be temporarily detained if they have any of the following circumstances: (1) If the disease requires medical treatment outside the hospital; (2) Women who are pregnant or breastfeeding their babies."
At present, due to limited detention, detention, management and medical conditions such as detention centers, there is no way to detain criminal suspects of special groups, and only measures such as obtaining bail pending trial, monitoring residence, and seeking medical treatment outside the bail can be taken, resulting in weakening or even losing control of these people.
The humane care of the law is not only used by some special groups themselves, but also some criminals are eyeing this "amulet". They take the means of seduction, deception, and coercion to make special groups participate in illegal crimes, and use their special identity to escape the law Blow.
In 2007, the public security frontier defense department of the Dehong Dai and Jingpo Autonomous Prefecture in Yunnan cracked down 10 cases of HIV/AIDS drug trafficking in a county in Henan. It turned out that when 10 people involved in the case were looking for work in the labor market, the drug boss took the initiative to introduce them to work. Afterwards, they came to the border of Ruili, swallowed drugs according to the boss's request, took a bus to Kunming for delivery, and were finally caught by the police.
In April 2016, the Supreme People’s Court issued “Interpretations on Several Issues Concerning the Applicable Laws in the Trial of Drug Crime Cases”. Article 4 clearly categorizes the cases of organizing and using people from special groups to commit drug crimes as “serious circumstances”. , The statutory punishment is applied in accordance with the law.
In June 2017, the Supreme People's Court issued the "White Paper on Drug Control" for the first time. The relevant professionals of the Supreme People's Court emphasized that the people's court should be treated differently according to the specific circumstances in accordance with the requirements of the criminal policy of leniency and strictness. "For criminals who organize and use people from special groups to commit drug crimes, considering that these people have the obvious purpose of evading legal sanctions, the subjective viciousness is greater, and they are strict in terms of policy grasp. For those whose crimes are serious, the law Severe sentences and even death sentences."
How to make "Amulet" malfunction
Zhang Xuemei said that for the difficult problem of drug trafficking for special people, the government and the Public Prosecution Law need to take effective measures to prevent and crack down on them. Through strengthening social security for special people, improving laws and regulations, continuously improving detention, detention places and establishing aftercare Mechanisms and other measures will fundamentally reduce the drug trafficking phenomenon of special groups and make the "amulet" malfunction.
In view of the situation of obtaining bail pending trial and the difficulty of implementation outside the prison, she suggested expanding the supervision channels and forming a whole society to prevent and control the masses. It is necessary to fully mobilize the people and give full play to the strength of the cadres of the streets, townships and village committees. Execution of offenders in jail will be carried out in concert and managed together to form a joint force to ensure social stability.
Professor Guan Chunxing of the China Criminal Police Academy once wrote that for the supervision of special populations, first of all, it is necessary to build a care facility with special medical, nursing and isolation facilities and capabilities to provide an objective material basis for the detention of special criminal suspects, and strict legislation The corresponding detention measures for special groups and the medical security system during detention are prescribed, so that the punishment for special groups of crimes can be based on laws and feasible.
He also suggested that the overall social relief system should be improved, and a special difficulty declaration system should be established to allow people with special difficulties in life to actively seek government assistance. The government, when verifying the truthfulness of its declaration, provides according to the difficulty level and actual situation. Corresponding social assistance measures, including calling for social relief, helping to find corresponding institutions for work ability training, so that limited resources go to the places where they are most needed.
China Youth Daily · China Youth Daily reporter Li Chao Correspondent Cheng Rong Shen Cheng Source: China Youth Daily
June 23, 2020 version 01