The trial of the child's family for purchasing life-saving drugs was held, and 132 patients pleaded acquitted

At 9 o'clock on March 18, the family of the child with the online name "Iron Horse Glacier" was tried at the Zhongmu County People's Court in Zhengzhou City for suspected smuggling, trafficking and transportation of drugs on behalf of "Chlobazhan".

On March 19, a reporter from Xiaoxiang Morning News (WeChat: xxcbbaoliao) learned from Liu Chang, a lawyer representing the "Iron Horse Glacier", that during the trial, he defended him not guiltily.

Liu Chang believes that the case is essentially a self-help and mutual assistance behavior between patients. "There is no evidence that any of the boxes of Chloepazhan purchased by the Iron Horse Glacier have flowed into the trafficking and drug-using groups. On the contrary, there is a wealth of evidence that the drugs involved in the case were used for medical purposes. ”

"The witness in the case said that he was a good man, and his medicine, one was real, one was cheap. After he was arrested, 1,042 parents of children with epilepsy jointly asked for medicine, and before the trial, 132 parents of the children jointly requested acquittal. "Liu Chang revealed that the case was not pronounced in court and will wait for the judgment to be announced at a later date." Hopefully, the law has a temperature. ”

The family of the child was prosecuted for drug trafficking for purchasing clobazhan on behalf of him

According to previous media reports, the Iron Horse Glacier itself is also the father of a child with rare epilepsy disease, and drugs such as Chloebazan and XiBaoning have a good effect on epilepsy patients. However, chlorpal-champs are class II psychotropic drugs controlled by the state and are not allowed to be bought and sold privately in the domestic drug market, and Hip Bornein is not sold in the domestic drug market.

The Zhongmu County Procuratorate examined and found that in the process of purchasing drugs for children, Tiema Glacier contacted the personnel who sold Chlobazan abroad, and then, for the sake of profit, illegally engaged in Chlobarjan and Xibaoning purchasing on behalf of others, purchased from abroad at a low price, and sold to the families of people with epilepsy through weChat groups after the price increase, in foreign countries, the price of a box of chlorpugam was 250 yuan to 300 yuan, and the Iron Horse Glacier was resold at a price of 350 yuan to 450 yuan per box. During this period, in order to evade the investigation and punishment of relevant departments, the mothers of the four children were asked to receive and forward on their behalf.

On July 4, 2021, the public security police seized 105,000 mg of clopazhan smuggled from the Iron Horse Glacier. The chlorpazian component was identified in medicines seized from the Iron Horse Glacier. According to the "Dependency Conversion Table for 100 Controlled Varieties of Narcotic Drugs and Psychotropic Substances" issued by the Office of the National Narcotics Control Commission, 105,000 mg of clopa is converted into 10.5 mg of heroin. Based on this, the Zhongmu Procuratorate determined that the Iron Horse Glacier should be held criminally responsible for smuggling and trafficking drugs.

The "Iron Horse Glacier" has been detained for more than 8 months. Previously, li mou, who helped the iron horse glacier receive and forward clobalzhan, and four parents of children with epilepsy were also identified by the Zhongmu County Procuratorate as smuggling drugs. However, after that, Ms. Li and others received the "Decision not to prosecute" from the Zhongmu County Procuratorate, and the procuratorate found that it constituted a crime, but the "circumstances of the crime were minor" and did not prosecute. The Iron Horse Glacier became the only suspect indicted in the case.

Lawyers defending innocence are "self-help and mutual assistance acts"

At 9 o'clock on March 18, the case was heard in public at the Zhongmu County Court. Xiaoxiang Morning News reporter noted that before the trial, 132 family members of the children submitted a joint appeal with real names to the Zhongmu County Court, "The Iron Horse Glacier has sick children like us, and we all need Chlorpakzhan."

At the trial, whether the clobazan involved in the case was a drug or a drug was still the focus of dispute between the prosecution and the defense, and the prosecution insisted that the behavior of the Iron Horse Glacier constituted a drug crime.

On March 19, a reporter from Xiaoxiang Morning Post (weChat: xxcbbaoliao) contacted Liu Chang, a lawyer at Beijing Zhongwen Law Firm and a defender of Tiema Glacier, who revealed that he had defended Tiema Glacier without guilt.

Liu Chang believes that there is no evidence in this case that any of the boxes of Chloeba zhan purchased by the Iron Horse Glacier have flowed into the groups that sell and consume drugs. On the contrary, there is a large amount of evidence to prove that the drugs involved in this case were used for medical purposes and cannot be identified as drug crimes according to law. Both the law and the SPC documents stipulate that the sale of drugs involved in the case for medical purposes does not constitute a drug crime. The case involving chlorpachalcan is a drug that is normally used by patients and plays a therapeutic role, and cannot be identified as a drug according to law. The Iron Horse Glacier is clearly a medicine for medical use, not as a substitute for drugs, and the destination of the psychotropic drugs involved in this case is clear, flowing to the patient group, not to the drug market or the drug user group.

"The behavior of The Iron Horse Glacier and the witness Li Mou and others involved in the case is a typical act of selling drugs with the nature of self-help and mutual assistance between the families of patients, which is of the nature of public welfare and mutual assistance." Liu Chang said that the Iron Horse Glacier involves the cause of the chlorpazam drugs in this case, which is that his children need to buy drugs when they are sick, not to smoke drugs, let alone to sell drugs. He set up a WeChat group for patients to help each other, so that patients could communicate with each other to see a doctor, not to sell drugs. The WeChat group involved in the case is actually an online community of rare children with epilepsy and encephalopathy who help each other. Witness Li and others helped the defendant Tiema Glacier to receive a courier and forward drugs sent abroad, the ultimate purpose is to facilitate their children to buy drugs, which is still a mutual assistance behavior between patients, rather than a joint criminal act of drug trafficking. In the communication and getting along with patients, most of the work done by Iron Horse Glacier is to help friends find medicines and change medicines, and selling medicines is only a very small part of its work.

"Iron Horse Glacier, but did what a father should do, to say that he made money, the patient's parents said the most convincing, in the case witness said, he is a good man, his medicine, one is true, one is cheap. After the Iron Horse Glacier was arrested, 1042 parents of children with epilepsy jointly asked for medicine, and before the trial, 132 parents of the children jointly called the Iron Horse Glacier to ask for help. Liu Chang believes that after deducting channel costs and postage, the profit of the Iron Horse Glacier is minimal, which is a negligible income and does not have any social harm. The latest judicial interpretations of the Supreme People's Court and the Supreme People's Court released in March 2022 also re-emphasized that "the production, importation and sale of drugs with the nature of self-help and mutual assistance for the purpose of not being profitable should not be considered a crime." ”

Xiaoxiang Morning News reporter Zhou Lingru intern Zheng Yilin