Huang and Zhou are both long-term drug addicts, and the two are good friends. One day, Zhou's drug addiction attacked, and huang went to buy some methamphetamine for him. Huang accepted Zhou's request and successfully bought the drugs back. At this time, does Huang Mou, who purchased drugs, constitute a crime? If so, what crime does it constitute?
We can see that in judicial practice, the characterization of drug purchasing on behalf of others is inconsistent, with both those identified as drug trafficking and those found to be transporting drugs, and even those who are found to be guilty of illegal possession of drugs, and those who are eventually acquitted. So what is the crime of drug "purchasing"?
Here, we need to finally determine whether Huang mou buys the quantity of drugs, whether Huang subjectively has the subjective intention to make profits, and whether Huang is attached to the buyer or the seller in the intermediary introduction.
First, for example, based on the quantity of drugs purchased, several types of situations for different offences are derived.
Huang and Zhou are friends in the circle. One day, Zhou was in a bad mood, called Huang, asked Huang to buy 7 grams of methamphetamine for him, and also gave the contact information of the drug dealer He to Huang. After Huang bought back the drugs from He, all the drugs were given to Zhou, and no benefits were obtained in the middle.
In such cases, Huang at this time belonged to the purchase of drugs for others, and it was not for the purpose of making profits, and he did not obtain the difference from it. The 7 grams of methamphetamine has not yet reached the standard of the number of crimes of illegal possession of drugs, at this time, Huang should be treated innocently.
Now, we may wish to change the amount of this drug, if Zhou let Huang buy 15 grams of methamphetamine. At this time, 15 grams of methamphetamine had reached the standard for the number of convictions for the crime of illegal possession of drugs. At this time, Huang and Zhou belonged to a joint crime, and the two constituted the crime of illegal possession of drugs.
If we mention the amount of drugs up, Zhou let Huang buy 80 grams of drugs, at this time, Huang and Zhou may be charged with the crime of transporting drugs.
Well, we have finished talking about the problem of how much drugs will affect the characterization of the purchasing behavior based on the number of drugs, and then we will talk about several types of situations that affect the crime according to whether Huang mou makes profits or not.
Zhou, who was in a bad mood, asked Huang to go to He to buy 10 grams of methamphetamine for him, but what! Huang mou believes that although the two are friends, there is still a risk in purchasing drugs on behalf of him, so he asks Zhou to give him 500 yuan as a reward. Zhou reluctantly agreed to Huang's request.
In such cases, we can see that the "introduction fee" and "labor fee" charged in addition to the necessary expenses such as transportation, food and accommodation are actually disguised drug trafficking, and for Huang, it can be treated as the crime of drug trafficking.
We may wish to change a condition here, if Huang believes that there is a risk in purchasing drugs, so he asks to buy back the drugs, let Zhou divide 2 grams of drugs for himself.
At this time, Huang mou asked for two grams of methamphetamine, which actually means that in order to obtain benefits from it, Huang mou constitutes also the crime of drug trafficking, and the amount of drug trafficking is two grams.
If Huang hesitates, Zhou mou and Huang mou said, this is not a loss to you, after 10 grams of methamphetamine bought back, Huang, everyone can smoke together. After Huang bought back the drugs from He, he smoked drugs with Zhou at his residence.
At this point, we can't say that Huang has a profit-making motive, and jointly smoking drugs is not for the purpose of obtaining material benefits, so Huang and Zhou constitute the crime of illegal possession of drugs at best.
After talking about the situation according to the quantity of drugs, we have also talked about the situation of profit or not, and then we have to talk about the situation that Huang Mou, in the process of committing the crime, is attached to the difference between the buyer and the seller, and the crime is different.
For example, Huang mou and he know He mou, He said that he has some drugs waiting to be sold, let Huang help find a buyer. Just when Zhou's mood was not good, Huang introduced He to Zhou and helped Zhou buy back 15 grams of methamphetamine from He.
At this time, Huang Mou played a match in the drug trade, introducing the drug trade in the middle, and Huang accepted He's request to carry out the acts involved in the case, and He was an accomplice to the crime of drug trafficking.
Then, if Zhou is in a bad mood, give Huang 2,000 yuan and let Huang buy 5 grams of methamphetamine from He for him. Huang found He, and with Huang's extraordinary bargaining ability, the two sides finally traded for 1600 yuan. At this time, Huang earned 400 yuan in profits, which belonged to the disguised sale of drugs at a higher price, so at this time, Huang belonged to the resale of drugs, which constituted the crime of drug trafficking according to law.
Finally, if Zhou revealed to Huang that Chen wanted to buy 10 grams of drugs from him, he wanted Huang to first go to He to buy drugs, and then sell them to Chen at a higher price, and the two of them shared the profits equally.
In such cases, Huang and Zhou are jointly committed, and both constitute the crime of drug trafficking.
We have seen that from the crime of drug trafficking to the crime of transporting drugs to the crime of illegal possession of drugs, and then to the innocence, the punishment is from heavy to light, and from the standpoint of criminal defense, we can also formulate the idea of light crime and innocence defense based on the evidence and facts of the case.
