Text | Reporter Hu Qihang
June 26, 2024, is the 37th International Day Against Drugs. Anti-narcotics work has a bearing on the security of the country, the rise and fall of the nation, and the well-being of the people.
According to the "2023 China Drug Situation Report", "by the end of 2023, there were 896,000 drug users in China, a year-on-year decrease of 20.3%, accounting for 6.4% of the country's total population, and 4.078 million people who had not been found to relapse after three years of abstinence, an increase of 7.6% year-on-year." A total of 195,000 drug addicts were investigated and punished throughout the year, a year-on-year decrease of 1.1 percent...... "The results of the mainland's anti-drug work convey the belief that we must win the people's war against narcotics in the new era."
Focus on the crackdown
Delineating the "warning line" of anti-drug and anti-drug
"I wanted to alleviate my pain through 'OD', but I didn't expect to be lying in bed for a day and unable to move for a day after eating it for the first time" "Is there anyone out of 'Right Beauty'? "I ate 20 pieces of 'Youmei' yesterday, and I feel that I can't distinguish between reality and dreams, and I don't know where I am...... In the message area of a social platform, many netizens shared their experience of "taking drugs".
The reporter learned that the "OD" in the message is the abbreviation of the English "overdose", which translates to overdose. "OD" has become a buzzword in a specific circle of teenagers, and a small percentage of teenagers have gained mental paralysis through drug overdose, and there is no shortage of drug addicts. Judging from the IP address of the message, this group of young people who are interested in "OD" can be found in Beijing, Shanghai, Fujian, Shandong and other regions.
In recent years, due to the abnormally high prices of drugs in the traditional sense and the difficulty of obtaining them, some lawbreakers have turned their attention to drugs such as dextromethorphan, diphenoxylate-containing compound preparations, etomidate, and addictive substances such as medetomidate, methylamine, and bromamine. According to statistics, the people who abuse dextromethorphan in China are mainly people under the age of 35, accounting for more than 80% of the people abusing dextromethorphan; More than 50% of the people who abuse diphenoxylate combination preparations are under the age of 35.
Recently, the State Food and Drug Administration, the Ministry of Public Security, and the National Health Commission announced the adjustment of the list of psychotropic drugs, which will come into force on July 1, 2024. Among them, dextromethorphan, which is known as the "miracle medicine for cough", is also listed.
"Dextromethorphan is an opioid drug, and it has something in common with morphine in its mechanism of action, both act on opioid receptors, but there are differences in the intensity of action and the location of the receptors." Zhai Haifeng, an associate researcher at the China Institute of Drug Dependence at Peking University, said dextromethorphan usually acts on opioid receptors in the medulla oblongata, which in turn exerts a cough suppressant effect.
"When dextromethorphan is consumed in large doses, it acts like morphine, acting on opioid receptors in the limbic midbrain, causing euphoria and addiction. Normal use, 1 to 2 tablets each time can have an antitussive effect, no obvious euphoria; If you use 5 to 10 tablets at a time, you may feel euphoric, and after a long time, you will become addicted. Some people increase the dosage in order to feel more euphoric and tolerable. At this time, if there is a management loophole in the circulation link, dextromethorphan can be easily obtained, and there may be abuse of dextromethorphan. Zhai Haifeng explained.
For a long time, the mainland has been cracking down on drug-related crimes, strengthening the supervision and management of narcotic drugs and psychotropic substances (hereinafter referred to as "narcotic drugs"), and intensifying the crackdown and control of non-scheduled addictive substances. In view of the problem of the manufacture and abuse of addictive substances such as narcotic drugs, the mainland has adhered to the principle of giving priority to cure, giving priority to prevention, promoting treatment through crackdown, and promoting prevention through management, resolutely curbing the development and spread of illegal and criminal activities involving narcotic drugs and other addictive substances, and effectively ensuring the physical and mental safety of the people, especially young people.
On June 25, the Supreme People's Court held a press conference to report on the basic situation of the people's courts' anti-drug work since 2023. "For the abuse of addictive substances such as narcotics, it is necessary to persist in both punishment and prevention, and comprehensive treatment." 'Prevention' is more important than 'fighting', and 'treatment at the source' is more effective than 'punishment at the end'. According to the relevant person in charge of the Fifth Criminal Division of the Supreme People's Court, on the one hand, the people's courts resolutely punish such crimes in accordance with the law, highlight the key points of the crackdown, and focus on the sharp edge of the crackdown; On the other hand, we should persist in actively performing our duties, do a good job of "grasping the front end and curing the disease before it happens", and give full play to the role of the judiciary in social governance.
The Supreme People's Court has always attached great importance to the adjudication of cases involving narcotic drugs, and has provided normative guidance for the adjudication of such cases through various means, such as convening national conferences, formulating normative documents, and publishing typical cases. In April 2023, the Supreme People's Court issued a notice to the National High Court on further strengthening the adjudication of cases involving narcotic drugs, clearly setting out the work requirements.
Tried in accordance with the law
Set up a "high-voltage line" that must be punished for drug-related matters
"The verdict is pronounced now!" On 4 June, as the gavel sounded, the Zhongjiang County People's Court in Sichuan Province ruled in accordance with the law in a major case of trafficking and transporting narcotics, and the four defendants involved in the case were sentenced to fixed-term imprisonment ranging from nine years and six months to 15 years and six months.
In this case, Xu was asked by Li to purchase methamphetamine (commonly known as "ice") on July 20, 2023. In order to disguise the source of funds, Xu used Xie's account to receive 50,000 yuan of drug money transferred by Li and transferred it to his own account. Xu learned through Wu that Zhong could buy drugs somewhere. The next day, Xu and Jia found Zhong to discuss the purchase of drugs. After meeting, Xu paid Zhong a deposit of 14,000 yuan. On July 22, in order to cover up the source of drug funds, Xu transferred the balance of 14,000 yuan for the purchase of drugs to Jia's account. On the same day, Zhong, Xu, and Jia met again. Jia transferred the balance of 14,000 yuan that Xu transferred to him for the purchase of methamphetamine to Zhong, and completed the drug transaction at about 21 o'clock on the same day. Later, Xu and Jia were caught by the public security police when they drove drugs to other provinces, and 51.3 grams of crystalline drugs were seized in the car.
After trial, the court held that the defendants Zhong and Wu violated the national drug management system by selling drugs knowing that they were drugs, which constituted the crime of drug trafficking. Defendant Xu purchased and transported drugs for others for the purpose of making profits, constituting the crime of trafficking and transporting drugs. Defendant Jia and defendant Xu jointly transported drugs, constituting the crime of transporting drugs. Xu X and Jia X separately provided fund accounts in order to cover up and conceal the source and nature of the funds for drug crimes, which constituted the crime of money laundering. The above verdict was rendered on the basis of the facts, nature, and circumstances of the crimes committed by the four defendants, as well as the degree of harm to society.
This is a vivid embodiment of the people's court's "zero tolerance" attitude toward drug-related crimes. It is understood that since the 18th National Congress of the Communist Party of China, the people's courts at all levels across the country have taken political construction as the guide, faithfully performed their duties, always regarded the anti-drug work as an important political task, and effectively unified their thoughts and actions with the spirit of General Secretary Xi Jinping's important instructions on the anti-drug work and the central anti-drug decision-making and deployment, and constantly enhanced the sense of political responsibility and historical mission for doing a good job in the anti-drug work.
According to the 2023 China Drug Situation Report, the main source of drugs from abroad and a small amount from domestic drug production channels are still the most significant characteristics of China's current drug source structure. In 2023, the number of foreign drugs infiltrated into the country increased sharply, and 20.5 tons of foreign drugs were seized, an increase of 84.7% year-on-year, accounting for 79.2% of the total annual drug seizures. Among them, opioids and methamphetamine mainly come from the "Golden Triangle" region, with which Yunnan Province on the mainland borders.
In order to crack down on cross-border drug crimes in a strict and speedy manner, in recent years, the three-level courts in Yunnan (hereinafter referred to as the "Yunnan courts") have always held high their sharp swords, highlighted the key points of crackdown, and severely punished large-scale drug crimes at the source. Based on their adjudication functions, the courts in Yunnan have vigorously cracked down on professional drug dealers, recidivists, and repeat offenders, highlighted the principle of "cracking down on wealth and cutting off blood," severely cracked down on drug-gangs and drug-trafficking gangs, and focused on changes in the drug situation to increase the intensity of punishment for crimes involving narcotic drugs and psychotropic substances. Since 2022, Yunnan courts have accepted a total of 46 cases involving narcotic drugs and psychotropic substances, and sentenced 96 defendants.
Only when the borders are safe and the country is safe can the country be safe. Guangxi, as the "southern gate of China", plays an important role in building an iron wall against drugs. On the morning of June 21, the Intermediate People's Court of Guigang City, Guangxi Zhuang Autonomous Region, held a press conference on anti-drug work, informing the courts at the two levels of Guigang City (hereinafter referred to as the "Guigang Court") on the anti-drug work since 2023, and released five typical cases of cracking down on drug crimes.
"The Guigang court pays attention to strengthening organizational safeguards, makes every effort to promote anti-drug work, and has set up six anti-drug work trial teams, and clearly guides the trial of drug crime cases under the guidance of the First Criminal Division of the Guigang Intermediate People's Court." Huang Minkai, vice president of the Guigang Intermediate People's Court, introduced that in response to the application of the law to drug crimes, the Guigang Intermediate People's Court organized business guidance and training for the courts at the two levels by carrying out the "Criminal Trial Business Lecture Hall", business special meetings, case analysis meetings, etc., and strived to improve the quality and efficiency of the handling of drug crime cases. At the same time, the Guigang courts pay attention to giving full play to their adjudication functions and handle cases with high quality and efficiency. Strictly implement the rules for adjudication based on evidence, and adhere to the principle of severe punishment in accordance with law. We will resolutely crack down on drug crimes at the source, such as smuggling, manufacturing, and bulk trafficking, drug crimes with other serious circumstances, and drug crimes with deep subjective malice and great personal danger, such as recidivism and drug recidivism. Pay attention to the comprehensive management of drug control, and actively perform duties to improve efficiency. Strengthen work coordination, actively coordinate and cooperate with anti-narcotics functional departments, and establish long-term mechanisms such as information circulation, business exchanges, and work consultations.
Collaboration and co-governance
Building a "Joint Line of Defense" Against Drugs
"I've seen this drug on TV, and as long as you eat it, you can't control your behavior and consciousness."
"It turns out that drugs are so close to us, we must keep our eyes open and always be vigilant and vigilant."
"I want to be a qualified 'little anti-drug guard', take the initiative to learn anti-drug knowledge, understand the harm of drugs, improve prevention ability, and actively participate in anti-drug propaganda, so that more students can understand the harm of drugs and consciously stay away from drugs."
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On 21 June, the "Signing Ceremony of the Framework Agreement on Cooperation in Drug Treatment Services between Guangdong and Macao and the Carnival of Anti-drug Law Popularization", jointly organized by the Guangdong Provincial Administration for Drug Rehabilitation, the Social Welfare Bureau of the Macao Special Administrative Region Government and the Zhuhai Municipal Bureau of Justice, was held in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin.
At the event, the Guangdong Provincial Administration for Drug Rehabilitation, the Macao Social Welfare Bureau and the Zhuhai Municipal Bureau of Justice signed the Framework Agreement on Cooperation in Drug Treatment Services between Guangdong and Macao. According to the agreement, Guangdong and Macao will continue to deepen cooperation in deepening communication and exchanges between Guangdong and Macao, strengthening joint construction of drug prevention, promoting the sharing of information resources and strengthening exchanges on drug treatment technology, build a higher level of anti-drug and drug rehabilitation cooperation through closer exchanges, and launch more innovative measures of "soft connectivity" for the convergence of rules and mechanisms of legal services for drug control and drug rehabilitation between Guangdong and Macao, so as to create a model of high-quality rule of law in the Guangdong-Hong Kong-Macao Greater Bay Area.
After the signing ceremony, Guangdong and Macao jointly held the Guangdong-Macao Anti-drug Law Popularization Carnival with the theme of "Building a New Pattern of One Body and Two Wings, and Building a New Anti-drug Matrix in the Greater Bay Area" at Hengqin. A total of 16 units from Guangdong and Macao set up 18 booths to carry out demonstrations of intangible cultural heritage paper-cutting, trampoline sports, calligraphy, "Cloud and Rhythm", psychological counseling and employment guidance, etc., to provide anti-drug legal consultation for the people on the spot, and to let the public feel the serious harm caused by drugs through games to simulate drug experience and in-depth experience of drug rehabilitation equipment.
In order to raise the public's awareness of the dangers of narcotics, enhance people's awareness of staying away from narcotics, and create a good atmosphere for the whole people to fight narcotics, the people's courts at all levels have also launched various forms of anti-narcotics propaganda activities, which have achieved good results. In recent years, the Supreme People's Court has taken advantage of the "June 26" International Anti-Drug Day or other publicity nodes to inform the public of the people's courts' anti-drug work by holding press conferences, issuing press releases, and accepting interviews with mainstream media, and has published typical cases, reflecting the focus of punishment for drug crimes from different angles and demonstrating the people's courts' consistent position of severely punishing drug crimes in accordance with the law. The people's courts in crime-prone areas also vigorously carry out publicity during the International Anti-Drug Day every year through live broadcast of court hearings and centralized verdict announcements, forming a strong momentum for courts across the country to carry out extensive and simultaneous anti-drug publicity.
Prevention is the most important thing in the fight against drugs, and prevention focuses on education. In recent years, the people's courts at all levels have intensified their warning education on the dangers of drug-related drugs and the dangers of new drugs, and have extensively carried out anti-drug legal education through various forms such as organizing court hearings, producing propaganda videos, holding anti-drug lecture halls, and establishing a system of assistance and education for anti-drug targets, so that social influence and mass participation have been continuously expanded, and the awareness and ability of the whole society to recognize, prevent, and reject drugs have been effectively enhanced.
Anti-narcotics work is a systematic project, which requires all departments to make concerted efforts, work together, and form a joint force. During the period when the National Narcotics Control Commission and relevant functional departments deployed and carried out special operations such as the "100-city anti-drug campaign," "two strikes and two controls," "clean the border," and "clean up the source and cut off the flow," the courts at all levels actively cooperated and concentrated their efforts on promptly concluding the trial of all kinds of drug-related criminal cases accepted in accordance with the law.
It is understood that since 2014, when the National Narcotics Control Commission deployed the anti-drug supervision and inspection work, the Supreme People's Court, led by the leaders of the court, has successively gone to Hunan, Guangxi, Fujian, Guangdong and other places to carry out supervision and inspection, urging the local authorities to further consolidate the responsibility for anti-drug work and improve anti-drug work measures. At the same time, the Supreme People's Court has continuously strengthened communication and cooperation with the Supreme People's Procuratorate, the Ministry of Public Security and other functional departments, and has established long-term cooperation mechanisms in the areas of joint supervision and handling of major cases, the construction of the rule of law against narcotics, information sharing, and business exchanges.
As long as narcotics are not eradicated, the anti-narcotics struggle cannot be slackened. With the efforts of all departments to adhere to coordination and joint governance and jointly build a "joint line of defense" against narcotics, the anti-narcotics work in the new era is bound to achieve greater results.
Cover and table of contents of this issue
China Trial, Issue 12, 2024
China Trial News Semi-Monthly, No. 346
Editor/Min Sun