6 months of detention! A woman in Mianyang, Sichuan Province, sold 200 kilograms of hydrochloric acid for 500 pieces to buyers for poison making

Desperate for profit, she illegally sold 200 kilograms of hydrochloric acid to drug-making criminals.

Recently, the Youxian District People's Court of Mianyang City held a public trial of the case of defendant He Mouqiong (pseudonym) accused by the Youxian District People's Procuratorate of illegally buying and selling drug-making substances.

The sale of 200 kg of toxic chemicals for profit is not registered for the record

Defendant He Mouqiong, female, born in February 1970, a native of Zitong County, Mianyang City, whose household registration is Hekou Village, Shuangfeng Township, Zitong County, and currently lives in a residential area of Xianren Road, Youxian District, Mianyang City. In 2014, He Mouqiong was hired to work for a chemical company. The company mainly deals in chemical raw materials, handles hazardous chemical business licenses, and sells third-class toxic chemicals such as toluene, acetone, and hydrochloric acid through filing and registration. After Entering the Company, Mr. He has been engaged in chemical sales in the store and knows the relevant provisions of the state on the purchase and sale of toxic chemicals.

Between March and April 2019, Mr. He sold a total of 200 kilograms of hydrochloric acid to him without knowing that others (handled in a separate case) had not obtained the purchase filing certificate for The Third Class of Toxic Chemicals, and did not register the sales records for the record. Buyers use the purchased hydrochloric acid to refine ephedrine to make new drugs.

The public prosecution charged He Mouqiong with illegally buying and selling drug-making substances

On September 8, 2020, He Mouqiong was criminally detained by the Youxian District Bureau of the Mianyang Municipal Public Security Bureau on suspicion of illegally buying and selling narcotic substances, and released on guarantee pending further investigation by the Youxian District Bureau of the Mianyang Municipal Public Security Bureau on October 12 of the same year. On February 22, 2021, he was released on bail by the Youxian District Court pending further investigation.

The public prosecution alleged that the defendant He Mouqiong had been engaged in chemical sales in the company's stores since he applied for a certain chemical limited liability company in Mianyang City in 2014. The company mainly deals in chemical raw materials, handles hazardous chemical business licenses, and sells third-class toxic chemicals such as toluene, acetone, and hydrochloric acid through filing and registration. He Mouqiong is aware of the relevant provisions of the state on the sale and purchase of toxic chemicals. During the period from March to April 2019, He Mouqiong, knowing that Ma Mouwu [pseudonym (handled in a separate case)] had not obtained the record certificate for the purchase of Class III poison-making chemicals, collected a benefit fee from others to sell 200 kilograms of hydrochloric acid to him, and did not register the sales record. Ma Mouwu used the hydrochloric acid he purchased to refine ephedrine and make new drugs. The public security organs submitted physical evidence, documentary evidence, appraisal opinions, search records, identification records, witness testimony, confessions of criminal suspects, and other evidence.

The public prosecution organ held that the defendant He Mouqiong illegally sold drug-making articles in violation of state regulations, the circumstances were more serious, his conduct violated article 350 of the Criminal Law of the People's Republic of China, the facts of the crime were clear, the evidence was credible and sufficient, and he should be investigated for criminal responsibility for the crime of illegally buying and selling drug-making substances. Defendant He Mouqiong's truthful confession of the facts of the crime after his arrest is a confession, and the third paragraph of article 67 of the Criminal Law of the People's Republic of China shall be applied at the same time. Defendant He Mouqiong admits guilt and accepts punishment, and may be given a lenient disposition in accordance with article 15 of the Criminal Procedure Law of the People's Republic of China. In summary, it is recommended that the court sentence the defendant to three months to six months of detention, recommend the application of a suspended sentence, and impose a fine.

The defendant was convicted of illegally buying and selling narcotic substances at first instance

The facts and evidence ascertained by the Mianyang Youxian District Court after trial are consistent with the allegations made by the public prosecution organs. It was also found that the public security organs seized 500 yuan of illegal gains involved in the case. The Youxian District Court held that the defendant He Mouqiong, in violation of the relevant provisions of national laws and regulations, illegally sold 200 kilograms of hydrochloric acid, the circumstances were more serious, his behavior violated the provisions of article 350 of the Criminal Law of the People's Republic of China, the facts of the crime were clear, the evidence was credible and sufficient, constituting the crime of illegally buying and selling drug-making substances, and should be punished according to law. The facts and charges charged by the public prosecution organs are established and supported. Defendant He X Qiong's truthful confession of his crime after his arrest is a confession and may be given a lighter punishment; defendant He X Qiong's voluntary admission of guilt and acceptance of punishment may be given a lenient disposition in accordance with law. The sentencing recommendation made by the Public Prosecution Organ Youxian District Procuratorate is appropriate and adopted.

In summary, in order to safeguard the state's management of narcotics and crack down on criminal offenses, on the basis of the facts, nature, degree of harm to society and the defendant's confession of guilt and remorse, and in accordance with articles 350, 52, 53, 67, paragraph 3, 64, 72, and 73 of the Criminal Law of the People's Republic of China, and article 15 of the Criminal Procedure Law of the People's Republic of China, the defendant He Mouqiong was convicted of illegally buying and selling narcotic substances in the first instance. Sentenced to six months' detention, suspended for eight months, and fined RMB3,000. All 500 yuan of illegal gains shall be confiscated and handed over to the state treasury.

【Source: Wuhan Morning Post synthesized from Sichuan Chang'an Network】