Source: Rule of Law Daily - Legal Network
Du Yang, all-media reporter of the Rule of Law Daily
On June 25, the Supreme People's Procuratorate released the "Typical Cases of Procuratorial Organs Punishing New Drug Crimes in Accordance with Law." The Supreme People's Procuratorate selected 4 typical cases from the new drug cases submitted by various localities and released them. Yuan Ming, director of the Second Procuratorate of the Supreme People's Procuratorate, answered reporters' questions on typical cases of procuratorial organs punishing new-type drug crimes according to law.
Q: What is the reason for the Supreme People's Procuratorate's release of typical cases of new drug crimes?
A: As a global public hazard, drugs not only seriously endanger the physical and mental health of the people, but also seriously affect economic development and social stability. In recent years, procuratorial organs throughout the country have deeply studied and implemented the spirit of General Secretary Xi Jinping's series of important instructions on anti-narcotics work, fully implemented the "Opinions of the CPC Central Committee and the State Council on Strengthening Anti-Narcotics Work", actively integrated into the overall situation of national anti-narcotics work in accordance with the work deployment of the National Narcotics Control Commission, actively performed procuratorial functions, and achieved positive results in punishing and preventing drug crimes, making positive contributions to social harmony and stability.
Since 2015, the number of drug crime cases handled by procuratorial organs has shown a downward trend year by year, and the results of anti-drug work have emerged, but the total number of drug crime cases is still very large. In particular, affected by the global drug situation, the cases of manufacturing and trafficking, abusing new synthetic drugs and new psychoactive substances have grown rapidly, and the abuse of some entertainment venues and specific groups is prominent, and the social harm is great. Up to now, China has cumulatively discovered 317 kinds of new psychoactive substances in 9 categories, and more than 50 new species have been discovered in the past three years. "Smart drugs", "fairy water", "stamps" and other new drugs have different forms, extremely camouflage, concealment and confusion, easy to be used by some lawbreakers, catering to the curiosity, pursuit of excitement and group characteristics of teenagers, it is very easy to induce and harm teenagers. Therefore, it is urgent to effectively punish new drugs and strengthen the comprehensive management of new drugs.
General Secretary Xi Jinping specifically issued instructions on the prevention of new drugs harming young people, and the procuratorial organs conscientiously implemented the spirit of the instructions, insisted on standing at the height of national security, the rise and fall of the nation, and the well-being of the people, and severely cracked down on new drug crimes according to law through the formation of a professional case-handling team, and at the same time actively promoted the comprehensive treatment of drug control, and extensively carried out anti-drug prevention publicity and education. Procuratorial organs publishing typical cases is an important way to actively participate in anti-drug governance based on procuratorial functions. Cases come from practice and are vivid and concrete rule of law. To this end, the Supreme People's Procuratorate has selected 4 typical cases from the new drug cases submitted by various localities and released them, giving full play to the leading, exemplary and guiding role of typical cases in promoting the handling of new drug cases, and providing reference for case handling in various places. At the same time, public release can further reveal the harm of new drugs and enhance the awareness and ability of the people, especially young people, to recognize and prevent drugs and resist drugs.
Q: Could you briefly introduce the relevant contents of this batch of typical cases, and what characteristics are presented?
A: A total of 4 typical cases were released this time. Among them, the first case is the case of Wang Moumou in Sichuan Province, who sold and manufactured drugs. The case was involving the new drug "γ-oxybutyric acid). The procuratorial organs strengthened their coordination with relevant regulatory departments and professional institutions, and pursued the defendant for criminal liability for the crime of drug trafficking and manufacturing for the defendant's act of manufacturing and selling beverages containing γ-oxybutyric acid. At the same time, it is necessary to strengthen the examination of drug-related assets, crack down on drug crimes, and destroy the economic foundation of drug crimes.
Case two is the drug trafficking case of Peng Moujia and others in Jiangsu Province. The case was involving the new drug "LSD stamp" (lygotyldiethylamine). While procuratorial organs punish drug crimes in accordance with law, they extend the effectiveness of judicial case handling on the basis of the circumstances of students' involvement. Joint pharmaceutical enterprises establish new drug anti-drug education bases, develop live broadcast platforms to carry out rule of law publicity, and formulate and issue procuratorial suggestions to participate in the comprehensive treatment of drugs.
The third case is the drug trafficking case of Lu Moumou and others in Guangxi. The case was involving a new drug, "Fairy Water" (Nimezepan). Procuratorial organs comprehensively review case facts and evidence, give full play to their role in guiding investigations, and lawfully pursue and arrest missing criminal suspects. At the same time, we will conscientiously carry out the work of admitting guilt and accepting punishment and explaining the law, and carry out publicity and education activities on the common forms of such drugs and the harm of abuse.
Case four is a drug trafficking case involving Mr. Hu in Fujian Province. The case was involving a new type of drug "smart drug" (modafinil). The procuratorial organ conducts a comprehensive assessment of a criminal suspect who has been admitted to a university and a fresh senior high school graduate, and through a public hearing, makes a decision not to prosecute in accordance with law. At the same time, we will formulate personalized help and education programs and urge them to return to the right path.
The above cases present the following characteristics:
The first is to strengthen the examination of evidence in new drug crime cases. In view of the hidden and confusing characteristics of new drug crimes, procuratorial organs actively guide public security organs to comprehensively collect and fix evidence in accordance with law, build a tight chain of evidence, and consolidate the evidence foundation. At the same time, through strengthening the review of evidence, actively promote the supervision of the filing of new drug crime cases, correct the omission of arrest and omission, and realize the whole chain of crackdowns on drug crimes. It should be pointed out in particular that drug crimes are typical profit-seeking crimes, and if drug-related assets cannot be traced and confiscated in a timely manner, it will seriously affect the effectiveness of drug crimes. Procuratorial organs have actively carried out the work of seizing drug-related assets and reviewing evidence, "cracking down on money and cutting off blood" for drug crimes, and completely destroying the economic foundation of drug crimes.
The second is to accurately determine the nature of new-type drug crimes in accordance with law. Some new drugs have the dual attributes of psychotropic drugs and drugs, and procuratorial organs accurately understand and grasp the legal provisions of new types of drug cases, give full play to the role of the joint procurators' committee, and cooperate with the courts, public security organs, food and drug regulatory departments, and professional institutions to accurately characterize new drug cases, so that the criminal responsibility and punishment are appropriate.
The third is to strictly implement the criminal policy of blending leniency with severity. While procuratorial organs severely crack down on serious drug crimes in accordance with law, they should implement leniency policies in accordance with law for cases of drug crimes with relatively minor circumstances. Pay attention to lawfully advancing the application of the plea leniency system to drug crime cases, conscientiously carrying out work to explain the law and reasoning, and ensuring the effectiveness of case handling. For students suspected of drug crimes with minor circumstances, the procuratorial organs uphold the case-handling concept of "punishment, education, and rescue", comprehensively use the plea leniency and public hearing system, and make a decision not to prosecute in accordance with law.
The fourth is to actively promote the comprehensive management of narcotics control. In view of the characteristics of new drugs and the prominent harm to juveniles, procuratorial organs have extended the effect of judicial case handling, constantly innovated work mechanisms, and targeted the weak links in social management, and supervised supervision and environmental remediation in the form of formulating and issuing procuratorial suggestions. Through the establishment of new drug anti-drug education bases and live video broadcasts, we will strengthen publicity and education on the prevention of new drugs, and enhance young people's awareness of drug awareness and drug prevention.
Question: With regard to the frequent occurrence of new-type drug crimes, what work should the procuratorial organs strengthen?
A: In the next step, we will focus on the following tasks:
The first is to strengthen communication and coordination and form a joint force to crack down. In order to attract consumers and confuse the public, some drug dealers continue to renovate drug patterns and change packaging forms, and new drugs continue to appear in the form of beverages, food, drugs, etc., bringing a large number of new problems and new challenges, and increasing the difficulty of punishment. Procuratorial organs will strengthen communication and coordination with relevant departments such as public security, courts, market supervision departments, and drug regulatory departments, study and formulate evidence review guidelines and legal application standards for new drugs, and form a joint force for punishment.
The second is to increase the intensity of handling cases and severely punish new drug crimes according to law. Procuratorial organs should give play to the leading role in litigation, approve arrests and prosecute all kinds of new types of drug crimes in accordance with the law, truly strengthen litigation supervision, and ensure the quality and effectiveness of case handling. It is necessary to give full play to procuratorial functions, severely crack down on professional drug offenders and drug repeat offenders, repeat offenders, and principal offenders, and severely crack down on drug criminals who are armed under cover and violently resist arrest, as well as drug crimes at the source. It is necessary to strengthen the awareness of evidence, improve the quality of evidence in new drug crime cases, and guide public security organs to investigate and collect evidence through early intervention. For cases that require supplementary investigation, improve the outline for withdrawal, clarify the reasons, purposes, and direction of supplementary evidence, and ensure that supplementary evidence is promptly investigated and supplemented in accordance with law. At the same time, it is necessary to strictly implement the criminal policy of blending leniency with severity, give play to the role of the plea leniency system, and give lenient punishment to first-time offenders involved in new drugs and defendants who have surrendered voluntarily and made meritorious contributions in accordance with law.
The third is to actively participate in the comprehensive management of narcotics control. While cracking down on drug crimes, procuratorial organs should further extend the effectiveness of case handling and promote the improvement of the comprehensive anti-narcotics management system. Strengthen the analysis and judgment of the situation of new drug crimes, improve the accuracy of the work of cracking down on and preventing new drugs, and actively put forward opinions and suggestions to the party committee and government. In handling cases, pay attention to discovering weak links and loopholes in social management, and supervise rectification and reform in the form of procuratorial suggestions. It is necessary to adhere to the principle of "treating both the symptoms and the root causes and giving priority to prevention" and strive to strengthen all-round anti-narcotics propaganda. It is necessary to make full use of important time nodes and opportunities to appear in court for public prosecution, and use new media forms to widely publicize, so that the people can fully understand the serious harm of new drugs. In particular, it is necessary to take young people as the focus of publicity, give full play to the role of the procuratorial organs' mechanism of the vice president of the rule of law, extensively carry out anti-drug rule of law lectures, organize moot court competitions, rule of law competitions and other activities, popularize young people's knowledge of new drugs and drug control, and strive to escort the healthy growth of young people. In addition, in view of the discovery of spiritual substances that have not been listed in the handling of cases, the procuratorial organs should promptly make suggestions to the relevant state departments and actively promote the listing of substances.
The Supreme People's Procuratorate will also further strengthen operational guidance, guide procuratorial organs in all localities to handle all kinds of new drug crime cases in accordance with the law, coordinate and solve problems in handling cases, and effectively safeguard the physical and mental health of the people.
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