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A man bought fake drugs, and in a rage, he called the police to "defend his rights"
China's anti-drug WeChat public account provides a case that can be used as a Spring Festival Gala sketch.
Liu, Chen and Deng served their sentences in Hunan and remained in touch after their release. In May 2021, Liu lied that he had drugs in his hands and told Deng, and Deng agreed to come down. Subsequently, Liu told Chen and asked Chen to cooperate in his trafficking in counterfeit drugs, and defrauded half of the money.
After the three people met, Liu took out a small bag of real drugs and showed it to Deng and urged him to buy some. Deng mou saw the situation and agreed, proposing to buy 100 grams of methamphetamine at a price of 40,000 yuan and transfer the drug funds to Chen's WeChat account. Liu saw that Deng already believed in himself, so he secretly put the pre-packaged fake drugs into Deng's car. Afterwards, Deng found that the drugs he bought were fakes, tried to contact Liu and Chen many times, and found that the two had already blocked their WeChat. Furious, Deng chose to call the police.
The procurator in charge of the case believes that Deng's transportation of fake drugs as real drugs does not affect Deng's subjective intention to transport drugs, objectively carrying out the transportation behavior, and should be investigated for criminal responsibility for the crime of transporting drugs.
The relevant judicial interpretations of the Supreme People's Court stipulate:
Whoever pretends to be a drug seller knowing that it is a fake drug shall be convicted and punished for fraud.
Whoever does not know that it is a fake drug and treats it as a drug smuggler, trafficker, transport, or harbor shall be convicted and punished as an offence (attempt) of smuggling, selling, transporting, or harboring narcotics.
