Case 1: Using Internet Forum to Carry out Drug Crime
Series of Cases of "Garden Ding" marijuana forum
1. Basic case
The Gardener Forum is a large-scale cannabis forum in China in recent years. The forum is accessed through an invitation code. It has 10 sections and 38 sections of cannabis varieties, seeds, and cultivation. It has more than 1,500 members and covers cannabis cultivation and cannabis seeds. , Planting utensils, smoking tools, marijuana sales, provide domestic marijuana smoking population with cultivation and trading channels, and gradually become the source organization for the production and sale of marijuana. At the beginning of 2018, the public security organs of Zhuji City, Zhejiang Province discovered that the seized cannabis consumed by drug addicts was purchased through the "gardener" forum, and the case was investigated. On January 23, 2019, after the public security organ transferred the case for review and prosecution, the Zhuji City People’s Procuratorate found that 7 forum moderators including Cao Feng managed their respective sections, released hundreds of topic posts about cannabis, and exchanged information on cannabis cultivation technology. Reply to post. The procuratorial organ reviewed and found that the moderator has certain management authority and is highly active in the forum. The use of the Internet to publish a large amount of illegal drugs such as marijuana cultivation and drug trafficking has created conditions for others to commit drug crimes and also produced drugs. The actual consequences of drug trafficking are socially harmful and the circumstances are serious, which constitutes the crime of illegal use of information networks. Thirteen members including Zhu Bixin learned planting experience through the forum, bought seeds and equipment, planted cannabis and sold it, or directly bought cannabis through the forum and looked for the next sales, which constituted the crime of drug trafficking.
On May 20, 2019, after the prosecution institute prosecuted the case, 7 moderators were sentenced to imprisonment ranging from one year and nine months to two years and three months for illegal use of information networks, and 13 members were charged with drug trafficking He was sentenced to fixed-term imprisonment ranging from one year and three months to four years and six months. The procuratorial organ also promptly submitted to the local party committee and government relevant opinions and suggestions on improving cyberspace governance regarding issues such as loopholes in Internet supervision exposed in this case.
2. Typical meaning
In recent years, both cannabis abuse and Internet-related drug crimes have shown an upward trend, with various criminal methods and strong concealment, making verification difficult. In this case, the procuratorial organ actively guided investigation and evidence collection, expanded the way of handling the case, and accurately accused, not only severely cracking down on the crime of drug trafficking using the Internet, but also severely cracking down on the criminal behavior of using the Internet to release drug-related information, to achieve a full chain crackdown, so that criminals are subject to Punish according to law. At the same time, procuratorial organs also extend the effectiveness of judicial case handling, actively participate in network ecological governance, and promote prevention and control at the source.
Case 2: Courier conceals drug case
Liu is suspected of concealing a drug case
1. Basic case
Liu is a courier of a courier company in Shanghai. The drug offender Lin mailed a package containing drugs through Liu, and contacted Liu the next day to intercept the package. After the parcel returned to the warehouse, Liu was unable to contact Lin, so he temporarily stored the parcel in the express cabinet. After the public security organ seized Lin, he tracked down Liu and told him that the package he sent contained illegal products. Liu worried about being punished by the company and used a package of rice to fake the package sent by Lin to the public security organ. The police found that the package contained rice and told Liu that the package was supposed to contain drugs. Liu knew that the package was not handed over in time. Early the next morning, Liu took the initiative to explain and lead the police to obtain the package, and seized more than 28 grams of the methamphetamine drug contained in it.
On April 24, 2018, the public security organ was transferred for review and arrested for the crime of illegal possession of drugs by Liu, and the Shanghai Minhang District People's Procuratorate refused to approve the arrest because it did not cause social danger. During the review and prosecution stage, the procuratorial organ guided the public security organ to supplement the investigation, collect the testimony of the person in charge of the courier company and the chat records and transaction lists of the two Liu and Lin, and at the same time conduct self-additional investigation, review the case and the police’s testimony, etc. The duration of concealing drugs by Liu is relatively short. From knowing that the drug may be hidden to less than 24 hours, he led the public security organ to seize the drug involved and avoid serious consequences. The motive is to worry about being punished by the company. Plot etc. The People's Procuratorate of Minhang District changed the nature of the public security organ based on the facts and evidence of the case, and believed that Liu was suspected of concealing drugs, but the circumstances were minor. After inviting three NPC deputies as a neutral third party to conduct a public review and obtaining unanimous consent, he refused to accept Liu. Prosecution decision.
2. Typical meaning
Express delivery practitioners neglect their audit obligations to provide convenience for drug crimes, and they should focus on them and strengthen supervision. This case has a certain warning effect on preventing express delivery practitioners from committing drug crimes and preventing the express delivery industry from becoming a drug trading transit station. Based on the facts and evidence of the case, the procuratorial organ transferred the crime of illegal possession of drugs when the public security organ was transferred to prosecution, changed the characterization to the crime of concealing drugs, and accurately determined the nature of the case. At the same time, by guiding investigations and supplementing investigations on their own, the procuratorial organs found out that the persons involved in the case were minor and had surrendered plots, actively carried out a public review of non-prosecution cases, listened to the opinions of all parties and made a decision not to prosecute. This also serves as a positive guide for express delivery personnel to actively report and expose drug crimes.
Case 3: Protecting the private economy from prosecution
Hao Moumou suspected of illegally buying and selling drugs
1. Basic case
Hao Moumou, a legal representative of a private enterprise, purchased 3.8 tons of sulfuric acid and 34.4 tons of hydrochloric acid from a chemical plant in the name of the company many times without the record of the public security organ, and then sold it to a non-ferrous metal company. The purchased sulfuric acid and hydrochloric acid are used for the production of copper crossing liquid and activation liquid. In 2018, the Shancheng District Branch of the Hebi City Public Security Bureau opened an investigation into the case of Hao Moumou suspected of illegally buying and selling drugs. The People’s Procuratorate of Shancheng District, Hebi City, Henan Province intervened in advance to investigate, guide the public security organs to obtain evidence, and visited the site to understand the company’s production status and the storage and use of sulfuric acid and hydrochloric acid. It was learned that Hao Moumou was the person in charge of the private enterprise, and the behavior involved did not cause serious consequences. Taking detention measures had a greater impact on the development of the enterprise, so he did not take detention measures against Hao Moumou. After the case was transferred for review and prosecution on January 21, 2019, the procuratorial organ considered that sulfuric acid and hydrochloric acid were the third category of precursor chemicals listed in our country. The behavior violated the relevant provisions of the "Administrative Regulations on Precursor Chemicals", but the sulfuric acid and hydrochloric acid it sold were used for legal production and operation activities. According to the provisions of the Criminal Law and relevant judicial interpretations, Hao Moumou’s behavior did not constitute The People’s Procuratorate of Shancheng District of Hebi City made a decision not to prosecute the crime of illegally buying and selling drugs. At the same time, for Hao Moumou's violations of the "Prevention of Poisonous Chemicals Management Regulations", issued a procuratorial recommendation to the Public Security Bureau of Shancheng District of Hebi City, recommending that Hao Moumou be given administrative penalties, and carry out a special investigation of the relevant chemical companies in the jurisdiction Check to ensure that all enterprises operate in accordance with the law. The public security organ adopted the procuratorial recommendations of the procuratorial organ and carried out investigation and rectification.
2. Typical meaning
For the illegal production, operation, purchase, and transportation of precursor chemicals in practice, the boundary between crime and non-crime must be accurately distinguished according to the provisions of the Criminal Law and relevant judicial interpretations. In this case, the procuratorial organ properly handled private economic cases, guaranteed the normal production and operation activities of the enterprise, handled the irregularities of the enterprise's operation prudently, and made a decision not to prosecute if it did not constitute a crime. Procuratorial organs also actively participate in social governance, accurately formulate and issue procuratorial recommendations, promote the standardization and legal operation of enterprises, and provide strong judicial guarantees for the healthy development of private enterprises.
Case 4: Continue to guide the investigation and successfully pursue the case after not prosecuting
Nongzizhuang drug trafficking case
1. Basic case
In May 2017, the People’s Procuratorate of Guang’an City of Sichuan Province returned to the public security organ for supplementary investigations when handling a case involving Nongzi Zhuang’s suspected drug trafficking. Although there was some evidence to prove that Nongzi Zhuang was suspected of drug trafficking, the evidence was still unreliable. Sufficiency, and then made a decision not to prosecute Nong Zizhuang. After making a decision not to prosecute, the procuratorial organ continued to guide the public security organs to obtain relevant inspection materials, actively coordinated and carried out judicial appraisal, and carried out ideological work such as reasoning education on the accomplice Gou Mou, prompting Gou Mou to take the initiative to request identification and identification of the peasants. At this point, the chain of evidence confirming that Nongzi Zhuang sold more than 2,000 grams of heroin to Goumou has been formed. On February 6, 2018, the People's Procuratorate of Guang'an prosecuted Nong Zizhuang for alleged drug trafficking. On March 27, 2019, the court of first instance found that the Nongzi Zhuang offender was a drug trafficker, sentenced to death, suspended for two years, and deprived Political rights last for life and confiscate all personal property. Nong Zizhuang appealed, and the court of second instance ruled to uphold the original judgment.
2. Typical meaning
The procuratorial organ accurately grasps the prosecution standards for drug crime cases, prevents "sick" prosecutions, and makes a decision not to prosecute cases with insufficient evidence according to law. At the same time, we will not miss the clues of the cases, increase the intensity of handling cases, and guide the investigating authorities to supplement and improve the evidence and build a complete evidence system. After the facts of the case were clear and the evidence was true and sufficient, a public prosecution was filed in accordance with the law, and the criminals were sentenced to probation, which maximized the effectiveness of judicial handling of the case.
Case 5: After the protest, three people were sentenced to a severe sentence
Chen Xiongfei and others selling and transporting drugs
1. Basic case
In December 2016, Liu Shaoqing purchased the methamphetamine drug from Jiang Huaguo. Jiang Huaguo contacted his home Wang Yi to buy it, and Wang Yi contacted his home Ge Min to buy it. Ge Min contacted the defendant Chen Xiongfei to buy it. Chen Xiongfei arranged for Ma Zi to sell 9500 grams of methamphetamine to Ge Min, Ge Min sold 8500 grams of it to Wang Yi, Wang Yi sold 8000 grams of it to Jiang Huaguo, and Jiang Huaguo sold all to Liu Shaoqing. After that, the defendants conducted the drug transaction again in the same way, and they were successively captured by the public security organs. In the whole case, more than 20,000 grams of drugs were seized.
On February 7, 2018, Chen Xiongfei was sentenced to death in the first instance of the Hengyang Intermediate People's Court of Hunan Province, Ge Min was suspended, Wang Yi was sentenced to life imprisonment, and Jiang Hua was sentenced to 16 years in prison. The People's Procuratorate of Hengyang filed a protest on the grounds that the sentencing was too light, and the People's Procuratorate of Hunan Province supported the protest. After a comprehensive review of the case, the Hunan Provincial People’s Procuratorate used the relevant factual evidence to enable the original “zero-confessions” defendant Chen Xiongfei to truthfully confess the criminal facts, guide the public security organs to interrogate them again and make simultaneous audio and video recordings, and further investigate the cases of going online and offline. Details, exclude contradictions of evidence; accurately determine the position and role of each defendant in drug crimes and the amount of drug trafficking; find out Liu Shaoqing has been suspected of drug crimes and promptly pursue him (Liu Shaoqing died of illness during the proceedings ). On September 25, 2018, the Hunan Provincial Higher People's Court adopted the protest opinion in the second instance, upheld Chen Xiongfei's death sentence, and changed Ge Min's death sentence, Wang Yi's death sentence was suspended for two years, and Jiang Huaguo's life imprisonment. On October 31, 2019, the Supreme People's Court approved the death sentences of the defendants Chen Xiongfei and Ge Min.
2. Typical meaning
The procuratorial organs give full play to the legal supervision function, insist on a comprehensive review of the facts of the case, build a protest base with evidence as the core, break through the "zero confession" defendant's psychological defense line, and prompt him to plead guilty, and carefully review and reinforce the evidence to eliminate evidence contradictions and improve The evidence system also promptly pursues an important omission. Through the protest, all three serious drug criminals were sentenced to severe sentences, and one of the defendants was sentenced to death for immediate execution, maintaining the uniform application of national laws.
Case 6: Pursuing a serious missed case
Zhang Chun's drug trafficking and transportation case
1. Basic case
On March 11, 2018, the public security organ transferred the suspected drug trafficking case of Lei Changfeng and Wang Jinxia to the People's Procuratorate of Nantong City, Jiangsu Province for review and prosecution. The prosecutor undertook a thorough examination of the evidence and found that the case missed an important criminal suspect, Zhang Chun. The investigation found that the public security organ failed to transfer Zhang Chun to the court for prosecution on the grounds of Zhang Chun's "zero confession" and unclear drug transactions. The procuratorial organ decided to supplement the investigation on its own, undertook the prosecutor to interrogate Zhang Chun according to law, educate him about reasoning, and display evidence, which eventually prompted Zhang Chun to truthfully confess the main criminal facts. The procuratorial organ also communicated with the public security organ on many occasions, listing more than 30 withdrawal opinions, and guiding the public security organ to supplement Zhang Chun’s WeChat, Alipay registration information, transaction records, mobile phone call records and transaction records with Wang Jinxia’s bank card, Related evidence such as chat history.
After self-supplemented investigation and guided supplementary investigation, the procuratorial organ locked the criminal fact that Zhang Chun was involved in the trafficking and transportation of more than 900 grams of drug methamphetamine, and issued a "Supplemental Transfer Prosecution Notice" to the public security organ in accordance with the law, requesting the supplemental transfer of prosecution crime The suspect Zhang Chun. After the prosecution filed a public prosecution, on July 10, 2019, the Nantong Intermediate People's Court made a first-instance judgment. Lei Changfeng, Wang Jinxia, and Zhang Chun were all sentenced to death for drug trafficking and transportation. Confiscation of all personal property. None of the three filed an appeal, and the sentence has entered into force.
2. Typical meaning
Drug crimes are highly concealed, and there are many "zero confessions" from home to home, which makes it difficult to combat drug trafficking. In order to ensure a "full chain" crackdown on drug crimes, procuratorial organs always insist on thorough investigations in the process of handling drug crime cases. In handling this case, the procuratorial organ took the initiative to supervise, based on clues, dig deeper into related crimes, and through self-investigation, guided supplementary investigation, follow-up supervision, perseverance, successfully pursued a death and reprieve, and severely cracked down on drug crimes in accordance with the law.