"Drug Trafficking" Mother: Do you think I'm a bad person?
"Do you think I'm a bad person?" After asking this, Li Fang (pseudonym) stopped and fixed his eyes on the reporter.
Obviously, she wanted a negative answer.
"I was for my own children. At the Public Security Bureau, I took the bail after I took the transcript. I was not detained for a day, and I was able to take care of my children at home. The police handling the case also understood me very well and didn't take the medicine away." Li Fang said.
On the coffee table in the living room, there is the drug that made her a "criminal suspect": clobazan.
In the eyes of some investigators, it is a drug. Over the years, customs in various places have seized countless. But in the eyes of the 35-year-old mother, Li Fang, it is her son's hope for survival and her hope.
The son of Li Fang, 1 year and 9 months in Zhengzhou, Henan Province, was found to have epilepsy (infantile epilepsy with migratory focal seizures) on the 9th day of his birth.
This is a rare type of epilepsy.
In the process of seeking medical treatment, the doctor introduced clobazam.
However, the drug has not been licensed, and it cannot be purchased through formal channels in the list of the second category of psychotropic drugs under national control.
For more than a year, Li Fang and his patients obtained medicines from the purchasers.
In July this year, a purchasing agent asked for Li Fang's address "in order to evade customs inspection" and mailed the clobazan purchased overseas to Li Fang; after receiving the parcel, Li Fang forwarded it to the agent.
Soon, the incident occurred.
Rare disease, mother, clobazan, drug trafficking, these four words are thus linked together.
On the morning of November 23, Li Fang received the "Not Prosecution Decision" from the Zhongmu County Procuratorate of Zhengzhou City.
child
"Like a dead computer"
Longlong (a pseudonym), who was just 9 days old, was found by his family to be somewhat different from other newborns. He seldom cries, often has saliva at the corners of his mouth, and his hands and feet are always shaking inexplicably.
A few months later, Long Long was diagnosed with "epilepsy (infantile epilepsy with migratory focal seizures)".
From the doctor's mouth, mother Li Fang heard this long name for the first time.
The doctor told them that this is a rare type of epilepsy; children with the disease will not develop well in intelligence and athletic ability.
In 2016, Professor Zhang Yuehua, chief physician of Pediatrics Department of Peking University First Hospital, published a paper in the Chinese Journal of Pediatrics and pointed out: Infant epilepsy with migratory focal seizures (EIMFS) belongs to epileptic encephalopathy. Reported in the year; it is a rare type of refractory epilepsy in early infants, and systematic research reports of this disease are rare in China, and the incidence is unknown.
Li Fang has also read this paper, and she remembers one sentence: the child does not respond well to antiepileptic drugs and has a high mortality rate.
He grew up to 1 year and 9 months. As the doctor said, Longlong’s intelligence and athletic abilities have hardly developed.
Each of the diagnostic certificates contained words such as "brain atrophy" and "comprehensive developmental backwardness".
The son "has no cognitive ability" and has no interaction with his relatives. This is the most uncomfortable thing for Li Fang.
She put her hand in front of Longlong's eyes and shook her, her son still kept his eyes open, without turning his eyes, "It's like a dead computer."
After the child suffered from this disease, Li Fang stopped working and gradually cut off the previous interpersonal communication.
She has no time, no thoughts.
She has entered dozens of patient groups, a dozen or hundreds of people in the group, all of whom are family members of children with epileptic encephalopathy.
Among the patients, Li Fang felt that he was not so lonely.
"Electric baby", this is the uniform term for children by patients, because when the child is sick, "the brain is discharging."
Rare disease
Drug refractory epilepsy
On November 16, Zhengzhou, Henan.
Early in the morning, Long Long's illness had another attack. He was sent to the emergency department of the hospital and then transferred to the neurology department.
In the afternoon, Li Fang sent a message: The doctor who often followed up was not there, so he changed doctor this time; the doctor looked at it and said, "Don't worry about it. The child is too painful, and you are too painful."
"But I don't want Longlong to be eliminated." Li Fang said, every life is worthy of respect, Longlong has the right and meaning to continue to live, not to mention that he is "my biological child".
Among the patients, she had heard and witnessed too many lives and deaths.
Some patients choose to give up because they "cannot be cured" and do not want their children and their family members to suffer; some children "have been fine last month", but suddenly disappeared this month.
Li Fang also thought about "giving up", but still gritted his teeth until now.
She spends an expensive price to take her child to rehabilitation training, but it has no effect; she heard that vagus nerve stimulation can control seizures. If she wants to wait for the child's father to receive the year-end award, she will give it a try.
Daily medications need to be taken for a long time to control the onset of the disease.
However, the infant epilepsy with migratory focal seizures suffered by Longlong belong to "drug-refractory epilepsy", and general anti-epileptic drugs do not work.
The so-called "drug-refractory epilepsy" refers to epilepsy in which continuous seizure-free or poorly controlled seizures cannot be achieved after standard treatment with two suitable and tolerable anti-epileptic drugs (single or combined therapy).
Under the doctor's introduction, Li Fang found a drug for the treatment of "drug-refractory epilepsy", clobazam.
Gao Junwei, Department of Pharmacy, Shanghai Jiaotong University First People's Hospital, and others published a 2013 paper in the "Chinese Journal of New Drugs" pointed out that since the 1980s, clobazam has been used as an antiepileptic drug in more than 100 countries; The results of clinical studies have shown that more than half of the patients have reduced the frequency of seizures by more than 50%; the most common adverse reaction of cloba is drowsiness or sedation.
In the opinion of professional physicians, clobazam has the characteristics of "definite curative effect, high safety, and good tolerability".
About last summer, Li Fang began to buy clobazam.
The relevant medical materials provided by her showed that more than one doctor had written clobazan and its dosage into Longlong's medical records.
Clobazam
Psychotropic substances controlled by the second category of countries
From 2.5mg per day, to 5mg, and then to 10mg, as time goes by, it is necessary to gradually increase the dose of clobazam in order to effectively control the onset of Longlong disease.
In domestic hospitals and pharmacies, Li Fang cannot buy this drug.
For a long time, she used the agent in the patient group to buy.
The agent buys clobazan that is officially listed on the market from abroad, and then resells it to the patients.
According to the "Catalogue of Psychotropic Drugs (2013 Edition)", clobazam belongs to the second category of psychotropic drugs and is strictly controlled.
Like many psychotropic drugs, clobazam belongs to the family of benzodiazepines.
The well-known sedative drug Diazepam (Valium) and the hypnotic drug Triazolam (Horexin), which has attracted widespread attention, belong to this big family.
This means that the defects and hidden dangers of benzodiazepines may also exist in clobazam.
Lundbeck, the company that develops clobazam, bluntly stated on its official website that the use of benzodiazepines, including the drug, puts users at risk of abuse, misuse, and addiction, which may lead to overdose or death.
The Office of the National Narcotics Control Commission pointed out in a 2017 "Notice on Printing and Distributing the Dependency Conversion Table of Controlled Varieties of 100 Narcotic Drugs and Psychotropic Drugs" that 1 gram of clobazam is equivalent to 0.1 mg of heroin.
According to a news report, Zhejiang Yiwu Customs, after investigating many cases of clobazone, reminded: Do not mail psychotropic drugs to and from the country at will; because individuals need to carry and mail psychotropic drugs to treat diseases, they need to rely on prescriptions issued by medical institutions and The personal identity certificate shall be checked and accepted by the customs within the scope of "self-use and reasonable".
But in fact, because clobazam did not obtain an import license, doctors could not write the drug as a prescription drug in the official prescription list.
A pediatric neurologist who has been engaged in the treatment and research of epilepsy for a long time told reporters that in some refractory epilepsy, clobazam is indeed needed as a therapeutic drug by some patients, but clobazam is not completely irreplaceable and can be used in China. Formally purchased clonazepam can be used as an alternative medicine to clobazam for refractory epilepsy, a box of about ten yuan; but its side effects are greater than clobazam.
Chaos
Some people make excessive profits in the name of doing good deeds
During the treatment of epilepsy for many years, the above-mentioned experts discovered that there was some chaos in the medical use of clobazam. "In the beginning, the agent helped the patient buy clobazam, which helped the patient. But the good things were gradually broken. Some people are actually making excessive profits in the name of doing good deeds." The above-mentioned experts said that if the agents "can remain pure, it will be fine."
The above-mentioned experts pointed out that in response to the phenomenon that "a small number of patients need it and a large number of non-essential patients are also using it", the relevant state departments should consider how to open up formal channels so that patients in genuine need can obtain drugs through formal and legal channels.
In May 2017, in order to “enrich the varieties, dosage forms and specifications of medicines used by children, and meet the needs of pediatric clinical medicines”, the former National Health and Family Planning Commission and other institutions organized experts to combine the current status of children's medicines that have not yet been registered and marketed in China and are in urgent clinical need. "Second Batch of Recommended List of Children's Drugs to Encourage Research and Development".
Clobazan 10mg tablets are included in this list, ranking tenth.
It is understood that the current domestic application company is only Jinan Kehui Pharmaceutical Technology Co., Ltd., and the application type is 3.1 new drugs, and it has not yet entered the clinical trial stage.
Arrested
Suspected of smuggling, transportation, and drug trafficking
In the patient group, Li Fang met a person whose WeChat name was "Iron Horse Binghe".
She doesn't know the name and age of "Iron Horse Binghe", only knows that "Iron Horse Binghe" is also a purchasing agent.
The reporter learned from relevant channels that "Iron Horse Binghe" is from Anhui. He has an 8-year-old daughter who also suffers from epileptic encephalopathy.
Beginning last spring, "Iron Horse Binghe" purchased clobazan from abroad through the Internet.
At first, he bought clobazan for his little daughter. Gradually, he saw that a large number of patients in the patient group also needed to purchase medicines, so he became a purchasing agent and sold the purchased clobazan to the patients.
"Iron Horse Binghe" made some money from it.
Clobazan is not a "expensive drug". In foreign countries, the price of a box of clobazan is 250-300 yuan. Depending on the "purchase price", "Tie Ma Binghe" is resold at a price of 350-450 yuan per box. .
Li Fang said that patients are willing to accept such a price difference, and no one has heard complaints.
Li Fang bought a lot of clobazan through the "Iron Horse Glacier".
In June of this year, "Iron Horse Binghe" suddenly sent a private message to Li Fang, hoping that she would help collect a parcel of clobazan sent from abroad.
According to the WeChat chat record provided by Li Fang, "Tie Ma Binghe" asked her, "I have an Italian parcel, which is clobazan. Can I borrow your address to receive it? My address alone is not enough." The agent said Say, "I mostly borrowed the addresses of patients."
When asked "whether legal responsibility is involved in receiving the parcels", "Iron Horse Binghe" replied: "No, if there is a problem, I will return it to the customs." Li Fang agreed.
After receiving the package, Li Fang did not open it, and sent the package to the address left by "Iron Horse Binghe".
"Iron Horse Binghe" sent a red envelope on WeChat but was rejected by Li Fang: "You don't need to give a red envelope. You can give me as much as the postage is."
On September 3, more than half a month later, the police from the Public Security Bureau of Zhongmou County, Henan Province found Li Fang.
On the same day, because she helped "Iron Horse Binghe" collect the package, she was charged with "suspicion of smuggling, transportation, and drug trafficking" by the police and took coercive measures to release her on bail pending trial.
A source close to the Zhongmou County Public Security Bureau told reporters that as early as July, the Zhengzhou Anti-narcotics Detachment issued a clue that a package containing clobazan entered Zhongmou, and the police arrested the mother of a child who was receiving the package on the spot. , And successively arrested the agent "Tie Ma Binghe", and two other mothers of the children who helped him receive the parcels.
Li Fang was the last person brought to justice.
On October 13, the agent "Tie Ma Binghe" and four patients who helped him receive packages were transferred by the Zhongmou police to the Zhongmou County Procuratorate for review and prosecution. Their suspected charges were all crimes of "smuggling, transportation, and drug trafficking."
Prosecutor's opinion
She committed a drug crime and the circumstances were minor and not prosecuted
On the morning of November 23, Li Fang, who was accused of "drug trafficking," received the "Not Prosecution Decision" from the Zhongmu County Procuratorate.
According to the content of the "Decision of Non-Prosecution" obtained by the reporter, the Zhongmou County Procuratorate stated that clobazan is a second-class psychotropic drug controlled by the state, which has a good effect on patients with epilepsy, and private trading is not allowed in the domestic market.
The agent "Tie Ma Binghe" (has been prosecuted) illegally engages in clobazan agents, that is, buying such drugs from abroad at low prices and selling them to family members of people suffering from epilepsy through WeChat groups to increase the price for profit.
The Zhongmou County Procuratorate stated that Li Fang’s son suffered from epilepsy and had no significant improvement after repeated treatments in the hospital. After being recommended by the doctor to take clobazam, his condition improved significantly.
After being introduced by others, Li Fang bought clobazan from "Tie Ma Binghe" many times.
"Iron Horse Binghe" asked Li Fang to provide an address to help him receive clobazan sent from abroad, and told Li Fang how to deal with customs investigations.
In order to make it more convenient for Li Fang to purchase medicines from "Tie Ma Binghe" for his son's treatment, he knew that clobazan was a nationally controlled drug and still helped to collect the parcels and forward them to "Tie Ma Binghe."
After identification, from the parcels seized from the "Iron Horse Binghe", the components of clobazam were detected.
The Zhongmu County Procuratorate believes that Li Fang has carried out the first paragraph of Article 347 of the "Criminal Law of the People's Republic of China", that is, "smuggling, transporting, and selling drugs."
The Zhongmu County Procuratorate also stated that Li Fang “played a secondary or auxiliary role in a joint crime”, “confessed the facts of the crime truthfully, was a confession,” “being a first offender,” “treated a child’s illness and induced a crime, and did not make a profit. Minority, “there is a minor child suffering from epilepsy in the family who needs to be raised”, etc., which may be lighter or mitigated.
"Integrate the facts and circumstances of this case, follow the principle of commensurate crime, responsibility and punishment, implement the criminal policy of fewer arrests, prosecution and detention, highlight the political, legal, and social effects of justice", and comprehensively consider that the crime is minor and can be exempted from criminal penalties in accordance with the law. .
The Zhongmu County Procuratorate decided not to prosecute Li Fang, and at the same time, ordered Li Fang to repent.
Legal person
What crimes are involved in trafficking in state-controlled psychotropic drugs?
Previously, Zeng Wenyuan, associate professor of the People’s Public Security University of China and deputy director of the Center for Food, Drugs and Environmental Crimes, said in an interview with reporters that clobazan, as a national second-class psychotropic drug, is indeed in the category of “drugs” stipulated by the Criminal Law. It’s addictive and can lead to dependence, which is beyond doubt."
"In reality, there are many cases in which patients illegally obtain narcotic drugs and psychotropic drugs through overseas channels." Zeng Wenyuan said that these situations are mainly due to the shortage of certain drugs or the relatively poor effects of similar drugs. "If a stick is beaten to death It may not be appropriate to go in the direction of'smuggling, transportation, and drug trafficking crimes'."
Many legal professionals mentioned to reporters that the Supreme People's Court held a national forum on drug crime trials in Wuhan, Hubei Province, and in May 2015 issued the famous "Wuhan Minutes" in the judicial field of drug crimes.
The full name of "Wuhan Minutes" is "Minutes of the National Forum on Drug Crime Trial Work of the Courts".
Article 7 of this summary clarifies the "qualitative problem of illegal trafficking in narcotic drugs and psychotropic drugs."
The minutes stated that the perpetrators were convicted and punished for the crime of drug trafficking when they sold the narcotic drugs and psychotropic substances regulated by the state to criminals who smuggle or sell drugs or people who take or inject drugs that can make people addicted to drugs. Purpose, violation of national regulations on drug management, illegal trafficking, disrupting market order, and serious circumstances, shall be convicted and punished for the crime of illegal business operations.
Wang Hongbing, a lawyer at Beijing Yingke (Guangzhou) Law Firm, who focuses on defense of major drug crimes, pointed out that the "Wuhan Minutes" clearly defined the nature of "trafficking in controlled narcotics for medical purposes", that is, not convicted and punished for drug-related crimes.
Wang Hongbing believes that controlled drugs are “drugs” when they circulate through medical channels; controlled drugs are “drugs” when they circulate through drug channels for smuggling, trafficking, or ingestion.
"Clobazam is a medicine for my son to treat the disease. We did not use it elsewhere. After the child took clobazan, his condition did improve. This medicine is very important." Li Fang told reporters that the procuratorate did not approve of it. The decision to "convict and not prosecute" will next be appealed to the Zhongmu County Procuratorate, "I am not a drug dealer."
Chengdu Commercial Daily-Red Star News Reporter Wang Jianqiang and Yan Yucheng
(Zheng Yujun from the health sector also contributed to this article)