Accommodating others to take drugs, container houses as drug manufacturing, and other typical cases of joint crackdown on drug crimes in Sichuan and Chongqing
Source: Sichuan Legal News 2024-06-28 10:18:28
Bao Miao, all-media reporter of Sichuan Legal Daily, Yong Jianbo
On June 27, the reporter learned from the Guang'an Intermediate People's Court that the People's Court of Linshui County, Sichuan Province, together with the People's Court of Dianjiang County of Chongqing Municipality, the People's Court of Changshou District of Chongqing, and the People's Court of Dazhu County of Sichuan Province, released a number of typical cases of drug crimes.
Case of Zhao Moumou allowing others to take drugs
Dianjiang County People's Court of Chongqing Municipality
Basic facts of the case
On the afternoon of March 6, 2020, defendant Zhao XX conspired with Ning XX (16 years old at the time of the crime) and Wu XX (15 years old at the time of the crime) to raise money to buy drugs for consumption. After that, after Ning Moumou contacted the person nicknamed "Snake" through WeChat to buy drugs, the three of them discussed going to Zhao's house to smoke them. At about 17 o'clock on the same day, Zhao Moumou and Ning Moumou and Wu Moumou used homemade drug tools to smoke the purchased drugs in his bedroom. At 8 o'clock on March 7, Wu Moumou left the scene, and at 10 o'clock, Xu Li Moumou (who was 17 years old at the time of the crime) came to Zhao Moumou's bedroom, and Zhao Moumou took out the remaining drugs that he had taken before, and continued to let Ning Moumou and Li Moumou smoke them. On March 11, 2020, the Dianjiang County Public Security Bureau tested the urine of Zhao, Ning, and Li. The next day, Wu's urine was tested. All four had positive urine tests. On March 16, 2020, after being criminally summoned by the Dianjiang County Public Security Bureau, Zhao Moumou arrived at the case accompanied by his father, and after he arrived at the case, he truthfully confessed the facts of his crime.
Adjudication Results
After trial, the Dianjiang County People's Court of Chongqing Municipality held that the defendant Zhao XX had violated drug management regulations by providing a place for others to take drugs, and that his conduct had constituted the crime of allowing others to take drugs. Defendant Zhao XX was already 16 years old but not yet 18 years old when he committed the crime, and should be given a lighter punishment; If they truthfully confess their crimes after being brought into the case, they may be given a lighter punishment; Where they voluntarily admit guilt and accept punishment, they may be given a lenient disposition in accordance with law; He pleaded guilty and repented, declared that his suspended sentence would no longer endanger society, and sentenced him to six months' imprisonment, suspended for one year, and fined 500 yuan.
Typical significance
The crime of allowing others to take drugs refers to the act of providing a place for others to consume or inject drugs, which may be either actively provided by the perpetrator or passively provided. It can be provided for a fee or free of charge. Those who allow more than one person to take drugs at a time, or who allow others to take drugs multiple times within two years, or who allow minors to take drugs, or who allow others to take drugs for the purpose of making profits, are convicted and punished as the crime of allowing others to take drugs. For drug-related crimes, the conditions for the application of suspended sentences should be strictly controlled, and at the same time, the people's courts should also implement the policy of blending leniency and severity. In view of the fact that Zhao XX was a minor student in this case, showed remorse, and was not in danger of committing another crime, a suspended sentence was announced in accordance with law, reflecting the people's court's emphasis on cracking down on the key points and treating them differently in the trial of drug crime cases. The people's courts also called on the vast number of young people to have a deep understanding of the dangers of drugs, to guard their psychological defenses, to make friends cautiously, and to stay away from vulnerable environments and crowds.
Case of Yang Moumou manufacturing drugs
Chongqing Changshou District People's Court
Basic facts of the case
Around November 2021, Zheng Moufu and Zhang conspired to jointly fund the manufacture of the drug methamphetamine for profit, and Zhang used his container house located in a fish pond in a town in Changshou District, Chongqing as a place for drug manufacturing (hereinafter referred to as the drug production site). At the beginning of January 2022, Zheng Moufu contacted Xia Moufei to purchase raw materials and tools for drug production. Xia Moufei provided Zheng Moufu with raw materials such as acetone and alcohol for drug production, as well as beakers, funnels, suction bottles, vacuum pumps and other tools for drug production, and arranged for Nie to take Zheng Moufu and Zhang to the defendant Yang Mouming in Zhongjiang County, Deyang City, Sichuan Province to purchase ephedrine, a drug-making substance, and paid 140,000 yuan in cash to Yang Mouming on the spot. Due to the poor quality of ephedrine, after Xia Moufei's coordination, Yang Mouming actually returned 10,000 yuan and instructed Zheng Moufu and Zhang to manufacture drugs. On January 8, Zheng Moufu took Yang Mouming to the drug production site in Changshou District and made drugs with Zhang. After Yang Mouming left, he continued to instruct Zhang to manufacture the drug methamphetamine over the phone. On January 12, Xia Moufei arranged for Nie to go to the drug production site to check the drug production situation with Zheng Moufu and Zhang. On the afternoon of January 19, Zheng Moufu, Xia Moufei, Nie, and Zhang came to the drug-making site, Zheng Moufu, Zhang, and Xia Moufei entered the container room to manufacture drugs, and Nie was outside looking at the wind. At about 19 o'clock on the same day, the public security police arrested Zhang, Xia Moufei, Nie who went out to eat and Zheng Moufu who stayed in the drug production site to manufacture drugs, and seized 656.1 grams of liquid with a methamphetamine content of 3.4%, solids and liquids containing trace amounts of methamphetamine, and a large number of raw materials and tools for drug production.
On September 20, 2022, the defendant Yang Mouming was arrested and brought into the case, and after his arrest, he did not truthfully confess the fact of participating in the manufacture of drugs.
Adjudication Results
After trial, the Chongqing Changshou District People's Court held that the defendant Yang clearly knew that others were manufacturing drugs and sold ephedrine, the raw material for drug production, and jointly participated in the manufacture of 656.1 grams of liquid methamphetamine, and his conduct constituted the crime of manufacturing drugs and should be punished in accordance with law. Defendant Yang is a recidivist and a repeat drug offender, and shall be given a heavier punishment; They played a secondary role in the joint crime, are accomplices, and shall have their punishment commuted; They voluntarily admit guilt and accept punishment in court, and may be given a lenient disposition. In consideration of the facts and circumstances of defendant Yang Mouming's crime, the degree of harm to society, and his status and role in the joint crime, defendant Yang Mouming was sentenced to 10 years imprisonment and fined 30,000 yuan in accordance with law; At the same time, the defendant Yang Mouming's illegal gains of 130,000 yuan were recovered.
Typical significance
The defendant in this case used his own convenience and technology to provide raw materials and technical guidance for others to manufacture drugs, and jointly participated in the manufacture of drugs, acting as a "drug-making technician" in the manufacture of drugs, which is a typical drug source crime. Narcotics are extremely harmful to individuals, families, and society, and it has become the consensus of the whole society to severely punish drug-related crimes in accordance with the law. At the same time, the act of manufacturing drugs is the source of drug crimes, and the defendant in this case was sentenced to a heavy sentence of 15 years imprisonment for manufacturing drugs, and he committed the crime of manufacturing drugs again shortly after the completion of the criminal punishment. Persistently and severely punishing the criminal act of "narcotics technicians" in making narcotics in accordance with the law is conducive to reducing the amount of narcotics flowing into society at the source, and one less production will result in one less transaction, thus reducing the number of families harmed by narcotics and adding stability to society.
Xiao and Hu committed the crime of trafficking and transporting drugs
People's Court of Dazhu County, Sichuan Province
Basic facts of the case
Defendant Xiao and defendant Hu are both drug addicts, and Hu is a courier for a logistics company in Chengdu. On November 5, 2022, Li Moumou contacted and transferred a total of RMB 23,000 to Xiao on WeChat four times to buy the drug "ice", and told Xiao to buy so much "ice" through the "bat" chat, and asked Xiao to mail it to him.
On the morning of November 6, 2022, defendant Xiao sent methamphetamine through Hu, and informed Li that he had hidden the methamphetamine in a dehairing machine or projector and mailed it. At about 17 o'clock in the afternoon of November 9, 2022, after receiving the express package, Li Moumou opened and took out two packets of "methamphetamine", smoked part of it with the curling stone on the car, and hid the remaining "ice" in the car he was driving, and then drove home. At 20:20 that day, Li Moumou was arrested by the public security organs on the spot. On November 10, 2022, the defendant Xiao was arrested by the public security organs, and after the defendant Xiao was arrested and brought into the case, he did not truthfully confess the main facts of his crime. On November 9, 2022, the defendant Hu was arrested and brought into the case, and did not truthfully confess the main facts of his crime.
Adjudication Results
The People's Court of Dazhu County, Sichuan Province, held at trial that the defendant Xiao had violated the state's drug management system by selling and transporting the drug methamphetamine, and that it had been verified that 39.44 grams of methamphetamine had been sold and 0.52 grams of methamphetamine had not yet been sold, and that his conduct had constituted the crime of trafficking and transporting drugs. Defendant Hu violated the state's drug management system by participating in the transportation of drugs, knowing that it was drugs and helping others to deliver 39.44 grams of methamphetamine, and his conduct constituted the crime of transporting drugs. In the joint crime of trafficking or transporting drugs, Xiao X is the principal offender after comprehensively considering the position of the joint crime, the degree of participation, the circumstances of the crime, and the extent of the impact on causing harmful consequences; Hu X played a secondary or auxiliary role and is an accomplice, and shall be given a mitigated, commuted, or waived punishment. Xiao has a criminal record, and will be given a heavier punishment as appropriate. All property illegally obtained by the defendant is to be recovered.
In accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the defendant Xiao was found guilty of trafficking and transporting drugs, and was sentenced to 13 years and 9 months imprisonment and a fine of 50,000 yuan. Defendant Hu X committed the crime of transporting drugs and was sentenced to nine years imprisonment and a fine of 30,000 yuan. The 23,000 yuan of defendant Xiao's illegal gains from drug trafficking are to be recovered in accordance with law and turned over to the state treasury. 0.52 grams of methamphetamine, the seized drug, were confiscated.
Typical significance
This case is a typical case of cross-provincial drug addicts taking advantage of their profession to facilitate the transportation and trafficking of drugs. Defendant Xiao and defendant Hu met each other through a friend's introduction, and both were drug addicts who had jointly purchased drugs for consumption. Hu is a courier of Fengwang Express, a subsidiary of Chengdu SF Logistics, and Xiao hid the drugs sold in a hair-picking machine or projector and handed them to Hu, who mailed and transported the drugs to the drug addict Li by express delivery. In this case, the defendant Xiao violated the state's drug management system by verifying that he had sold 39.44 grams of methamphetamine and seized 0.52 grams of methamphetamine that had not yet been sold, and his conduct constituted the crime of transporting drugs. Defendant Hu clearly knew that it was drugs and helped others deliver 39.44 grams of methamphetamine, and his conduct constituted the crime of transporting drugs. The people's courts have imposed criminal penalties in accordance with the law on the basis of the facts of the crime, the principal and accessory offenders, and the criminal record, reflecting the attitude of resolutely punishing such drug-related crimes.
Case of Feng Moumou selling drugs and allowing others to take drugs
People's Court of Linshui County, Sichuan Province
Basic facts of the case
On September 30, 2023, defendant Feng XX purchased about 0.2 grams of heroin weighing about 0.2 grams from Liu for Qin, and made a profit of 100 yuan from it, and then smoked the drug heroin with Qin in a house he rented in Fenghe Town, Linshui County, Sichuan Province. On October 3, October 5, and October 7, 2023, defendant Feng XX purchased heroin from Liu on behalf of Qin, and on the day of purchase, he and Qin took the above-mentioned drug heroin together with Qin in his rented residence.
Adjudication Results
After trial, the Linshui County People's Court ruled as follows: Defendant Feng XX committed the crime of drug trafficking and was sentenced to seven months imprisonment and a fine of 3,000 yuan; committed the crime of allowing others to take drugs, and was sentenced to seven months' imprisonment and a fine of 3,000 yuan; He was sentenced to one year imprisonment and fined 6,000 yuan.
Typical significance
As the whole society intensifies its crackdown on drug-related crimes, the number of drug-related crimes has gradually decreased, but there are still people who take and sell drugs in violation of state laws and regulations. In addition, due to the high relapse rate and the recidivism and recidivism rates in drug crimes, most of the defendants in drug crimes are drug addicts, and because they cannot afford the high costs, they often adopt the method of selling and smoking. In this case, the defendant Feng Moumou violated national drug management regulations by selling drugs and providing a place for others to take drugs, and his conduct constituted the crime of drug trafficking and the crime of allowing others to take drugs. Although the profit in this case was not large, there was also trafficking, and there were many cases of allowing others to take drugs. The Linshui County People's Court severely punished the defendant in accordance with the law after trial, which is conducive to realizing the punishment and education function of the criminal law, preventing the spread of drug-related crimes within its jurisdiction, and maintaining social harmony and stability.
Editor: Jia Zhiruo Proofreader: He Yingqiao Review: Zhou Runqiu
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