table of Contents
1. Wu Tuo and Wu Haizhu Drug Trafficking, Transporting, and Manufacturing Cases-The number of people involved in manufacturing, transporting and selling drugs is extremely large, and the crimes are extremely serious
2. The case of Zhou Xinlin transporting drugs-the amount of drugs transported by others is extremely large, and it is a repeat offender, and the crime is extremely serious
3. Liu Yong and other drug trafficking and manufacturing cases—manufacturing and trafficking in a variety of new drugs such as fentanyl, severely punished according to law
4. The case of Zhu Hao smuggling and transporting drugs-accepting employment from others through mobile phone networks, smuggling and transporting drugs in large quantities
5. Bian Chenchen and other cases of drug trafficking and illegal use of information networks-illegal cultivation and trafficking of marijuana, illegal use of online forums to publish information on marijuana cultivation and other information
6. Liu Yanxuan's drug trafficking case-state officials commit drug crimes and are severely punished according to law
7. Zou Huosheng's case of inducing others to take drugs and theft-inducing others to take drugs and instigating others to steal together, punished according to law
8. Chen Desheng's case of admitting others to take drugs-allowing multiple minors to take drugs and severely punished according to law
9. The case of Lv Xiaochun and other illegal production and sale of drug-making substances-illegal trading of bromopropiophenone and production of ephedrine, the circumstances are particularly serious
10. Zhang Wei's intentional homicide-has a long history of drug abuse, killing innocent children, the crime is extremely serious
The case of Wu Tuo and Wu Haizhu selling, transporting and manufacturing drugs
——The number of people gathered to manufacture, transport and sell drugs is extremely large, and the crimes are extremely serious
(1) Basic case
The defendant Wu Tuo, male, Han nationality, was born on August 17, 1972, a farmer.
Defendant Wu Haizhu, male, Han nationality, born on October 23, 1964, a farmer.
In November 2015, defendants Wu Tuo, Wu Haizhu, Wu Moujia (fugitive), Zhang Weijian (co-defendant, sentenced), etc., planned to jointly fund the manufacture of methamphetamine (meth) in Lufeng City, Guangdong Province, and Wu Moujia gathered Chen Jiangbin and Wu Jiarui (both co-defendants and sentenced) participated. Later, Wu Tuo and others rented a plant in Sihui City, Guangdong Province as a drug manufacturing plant, and transported drug-making raw materials and workers from Lufeng City to the site to start manufacturing methamphetamine.
In the early morning of December 5 of the same year, the defendants Wu Tuo, Wu Haizhu and Wu Moujia instructed Zhang Weijian and Chen Jiangbin to drive 24 boxes of methamphetamine to the entrance of the expressway, and handed them to Wu Jiarui to Huilai County, Guangdong Province. Wu Haizhu, Chen Jiangbin, Wu Cho and Wu Moujia were driving in front of the road. Later, Wu Haizhu instructed Wu Jiarui to unload 7 boxes of drugs to others in Longjiang Town, Huilai County, and transfer 4 boxes of drugs to his car. Wu Jiarui drove the car to Jiazi Town, Lufeng City, and Wu Mouyi (handled in another case) took the remaining 13 boxes of drugs from the car for trafficking.
On the 10th of the same month, after defendant Wu Tuojing conspired with Wu Moujia, Wu Mouyi and others, Zhang Weijian loaded 7 boxes of methamphetamine from the drug manufacturing plant to Dongguan City, Guangdong Province, and handed the drugs to the buyer Wu Mouyi contacted. The dispatched receivers Liu XX and Zhang XX (all handled separately). At zero o'clock the next day, Liu and Zhang were intercepted when driving to Guangzhou City. Public security officers seized the 7 boxes of methamphetamine mentioned above from the car on the spot, totaling approximately 192 kilograms.
On the 10th of the same month, the defendant Wu Haizhu was introduced by Lin Zongting (the same defendant, sentenced) in Jiazi Town, Lufeng City, and negotiated with Ji (fugitive) to trade 550 kilograms of methamphetamine and received a deposit of HK$200,000. At about 22:00 on the 16th of the same month, after Wu Haizhu, Lin Zongting, Ji and others confirmed the transaction through “inspection” in Zhaoqing City, Guangdong Province, Chen Jiangbin drove Ji’s car to the drug manufacturing plant to load methamphetamine and then parked the car. The parking lot of a hotel in Zhaoqing City. In the early morning of the next day, public security officers arrested Wu Tuo and others at the bottom of a highway bridge in Sihui City, and Wu Haizhu and others in a drug manufacturing plant. Public security officers seized 15 boxes of methamphetamine in the car of Ji in the parking lot of the above-mentioned hotel, and 6 boxes and 3 woven bags of methamphetamine in the car of the drug manufacturing plant. The above-mentioned methamphetamine was about 830 kg in total. Public security personnel also seized about 882 kilograms of off-white solid-liquid mixture containing methamphetamine and several drug-making raw materials and tools in the drug manufacturing plant.
(2) Results of the referee
The case was tried by the Intermediate People's Court of Zhaoqing City, Guangdong Province in the first instance and the Higher People's Court of Guangdong Province in the second instance. The Supreme People's Court reviewed the death penalty in this case.
The court held that the defendants Wu Tuo and Wu Haizhu collaborated with others to manufacture methamphetamine and transport and sell the produced drugs, and their actions constituted the crime of trafficking, transporting and manufacturing drugs. Wu Tuo and Wu Haizhu gathered many people to manufacture, transport, and sell drugs. The number was extremely large, causing great social harm and extremely serious crimes. In joint crimes, the two defendants are both the principal offenders with the most prominent guilt and should be punished in accordance with all crimes organized, directed, and participated in. Accordingly, the defendants Wu Tuo and Wu Haizhu were sentenced and approved to death, deprived of political rights for life, and all personal property confiscated.
Criminals Wu Tuo and Wu Haizhu were executed according to law on June 15, 2020.
(3) Typical meaning
In recent years, my country has faced the dual pressure of drug penetration abroad and the spread of domestic drug-making crimes. In particular, the situation of drug-making crimes is severe, which is particularly prominent in certain regions. This case is a typical case where methamphetamine was manufactured in large quantities and then transported and sold. Defendants Wu Tuo and Wu Haizhu gathered many people to participate in the crime, organized transportation and contacted trafficking after producing drugs at selected drug manufacturing plants, forming a "one-stop production, supply and marketing" crime chain. The amount of drugs involved in the crimes of Wu Tuo and Wu Haizhu is particularly huge. The seized methamphetamine products alone amounted to more than 1 ton, and more than 800 kilograms of semi-finished drugs were seized. A large amount of drugs have flowed into society, causing great social harm and serious crime . The People's Court imposed death sentences on both of them in accordance with the law, which reflects its stance of severe punishment for crimes at the source of drug manufacturing.
Zhou Xinlin's Drug Transport Case
——The amount of drugs transported with others is extremely large, and it is a repeat offender, and the crime is extremely serious
(1) Basic case
The defendant Zhou Xinlin, male, Han nationality, was born on September 12, 1978, a farmer. On June 28, 2005, he was sentenced to 14 years in prison for the crime of theft and illegal possession of guns, and was fined RMB 130,000. He was released on parole on October 30, 2012. The probation period of parole is until July 2015. Only on the 3rd.
On July 12, 2015, the defendants Zhou Xinlin and Liu Mansheng (co-defendants, sentenced) rented a house in a community in Jinghong City, Yunnan Province to hide drugs. In August of the same year, Zhou Xinlin contacted the drug family and, together with Liu Mansheng, went to Mengla, Myanmar, to "inspect the goods." The two drove two specially purchased cars in advance to pick up the drugs near Gasa Town in Jinghong City. Hidden to the above rented house. On the 10th of the same month, public security officers seized 40,490 grams of methamphetamine tablets (commonly known as "Ma Gu") in the rented house, and arrested Zhou and Liu the next day.
(2) Results of the referee
The case was tried by the Baoshan Intermediate People's Court of Yunnan Province in the first instance and the Higher People's Court of Yunnan Province in the second instance. The Supreme People's Court reviewed the death penalty in this case.
The court held that the defendant Zhou Xinlin illegally transported methamphetamine tablets, and his actions constituted the crime of transporting drugs. Zhou Xinlin gathered together the co-defendant Liu Mansheng to purchase drug transport vehicles and rent houses, and went overseas to inspect drugs and receive and hide drugs. He contacted his family alone and was the principal offender. In the joint crime, the culprit is more responsible. Penalties for all crimes involved. Zhou Xinlin’s transportation of drugs is extremely large, the social harm is great, the crime is extremely serious, and he has been sentenced to fixed-term imprisonment or more for his crimes. If he commits the crime of fixed-term imprisonment or more in the month when his parole period expires, he is a repeat offender and is subjectively vicious. Deep, personal danger is great, should be punished severely according to law. Accordingly, the defendant Zhou Xinlin was sentenced and approved to death in accordance with the law, deprived of political rights for life, and confiscated all personal property.
The criminal Zhou Xinlin was executed according to law on April 21, 2020.
(3) Typical meaning
Southwest China is close to the "Golden Triangle" and has always been a key area for my country to strictly prevent the import and infiltration of foreign drugs. Drug smuggling from Yunnan and spreading to inland provinces is an important method of drug crime in this region, and it is also the source drug crime that has always been focused on. This case is a typical case of overseas "inspection", domestic transportation and concealment of drugs. Defendant Zhou Xinlin partnered with others to purchase a car for drug transportation, rent a house for drug possession, exit the country for drug inspection, and contact his family to pick up drugs. The number of drugs involved is extremely large, and he has been sentenced to heavy sentences for crimes. After the expiry of parole The drug crimes were committed immediately, which was a recidivist, subjectively malignant and unbearable to reform. According to the evidence in the case, Zhou Xinlin was suspected of transporting drugs for trafficking. This situation is different from simply being instructed or hired to transport drugs for others. The sentence should be strict.
Liu Yong and other drug trafficking and manufacturing cases
——Manufacturing and selling fentanyl and other new drugs, severely punished according to law
(1) Basic case
The defendant Liu Yong, male, Han nationality, was born on November 5, 1978, a company operator.
The defendant Jiang Juhua, female, Han nationality, was born on September 14, 1964, Weishang.
Defendant Wang Fengxi, male, Han nationality, born on February 2, 1983, company operator.
Defendant Xia Zengxi, male, Han nationality, was born on May 10, 1975, company operator.
The defendant Yang Xing, male, Han nationality, was born on October 12, 1989, unemployed.
The defendants Yang Jiangcui, Zhang Junhong, Liang Dingding, and Yu Miao were all salesmen of the companies operated by the defendants Wang Fengxi and Xia Zengxi.
In May 2017, the defendants Liu Yong and Jiang Juhua conspired to manufacture fentanyl and other drugs by Liu Yong, and Jiang Juhua contacted customers to sell them. Later, Jiang Juhua and Liu Yong provided part of the funds. In October of the same year, Jiang Juhua sold 285.08 grams of fentanyl made by Liu Yong to defendant Wang Fengxi. On December 5 of the same year, police officers captured Liu Yong, and later seized 5017.8 grams of fentanyl, 3383.16 grams of desmethazepam, 41.9 grams of diazepam, and 5012.96 grams of alprazolam from the laboratory rented by Liu Yong in Changzhou City, Jiangsu Province. 6554.6 grams of fentanyl and other chemicals and raw materials were seized from Liu Yong’s rented residence in Shanghai.
Since November 2016, the defendants Wang Fengxi and Xia Zengxi established a company and recruited the defendants Yang Jiangcui, Zhang Junhong, Liang Dingding, Yu Miao and others as salesmen to publish information and sell drugs through the Internet. Wang Fengxi successively purchased the aforementioned 285.08 grams of fentanyl from the defendant Jiang Juhua, 991.2 grams of alprazolam from the defendant Yang Xing, and purchased furanfentanyl and other drugs from other places. After the incident, the public security agency seized 211.69 grams of fentanyl, 25.3 grams of furan fentanyl, and 991.2 grams of alprazolam that Wang Fengxi intended to send to the buyer by express delivery; 73.39 grams of fentanyl stored by Wang Fengxi were seized from Yang Jiangcui. , Furanfentanyl 14.23 grams, 4-chloromethcathinone 8.33 grams, 3,4-methylenedioxyethcathinone 1,920.12 grams; 6 717.4 grams of alprazolam were seized from Yangxing’s residence.
(2) Results of the referee
The case was tried by the Intermediate People’s Court of Xingtai City, Hebei Province and the Higher People’s Court of Hebei Province for the second instance.
The court held that the defendants Liu Yong and Jiang Juhua conspired to manufacture and sell fentanyl and other drugs, and their actions constituted the crime of trafficking and manufacturing drugs. The defendants Wang Fengxi, Xia Zengxi, Yang Xing, Yang Jiangcui, Zhang Junhong, Liang Dingding, and Yu Miao knew that they were selling or helping to sell drugs, and their actions constituted the crime of drug trafficking. Liu Yong and Jiang Juhua manufacture and sell fentanyl and other drugs in large quantities, and they are the principal offenders in joint crimes. The crime committed by Liu Yong was extremely serious. According to the facts, nature and specific circumstances of his crime, he was sentenced to death, suspended for two years, deprived of political rights for life, and confiscated all personal property; Jiang Juhua’s role was relatively smaller than that of Liu Yong. Sentenced to life imprisonment, deprivation of political rights for life, and confiscated all personal property. Wang Fengxi and Xia Zengxi jointly sold a large number of drugs such as fentanyl. Wang Fengxi was the principal offender, but she was sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property; Xia Zengxi was an accessory and sentenced to him Ten years in prison and a fine of 100,000 yuan. Yang Xing sold a small amount of drugs and sentenced him to two years in prison and fined him 60,000 yuan. Yang Jiangcui, Zhang Junhong, Liang Dingding, and Yu Miao participated in a small number of drug crimes and were all accomplices. The four were sentenced to one year and eight months, one year and six months, one year and four months, and six months respectively. And fined.
The above-mentioned judgment has become legally effective on June 17, 2020.
(3) Typical meaning
The abuse of fentanyl substances is currently becoming a new drug problem facing the international community, and such crimes have also occurred in our country. In order to prevent the development and spread of fentanyl-like substance crimes, the relevant state departments have clearly controlled 25 fentanyl-like substances in the past, and on May 1, 2019, fentanyl-like substances were listed in the "Non-medicinal The Supplementary Catalogue of Controlled Varieties of Narcotic Drugs and Psychotropic Substances shall be listed as a whole. This case is the first influential fentanyl-type substance crime case in China, involving fentanyl, furan fentanyl, alprazolam, norazepam, 4-chloromethcathinone, 3,4-methylenedi A variety of new drugs such as oxyethcathinone are part of new psychoactive substances. The People’s Court severely punished the four persons in accordance with the type, quantity, and harm of the drugs involved and the specific circumstances of the crimes committed by the defendants Liu Yong, Jiang Juhua, Wang Fengxi, and Xia Zengxi. This fully reflects this. Powerful punishments for similar crimes.
Zhu Hao smuggling and transporting drugs case
——Accepting employment by others through mobile phone network, smuggling and transporting large quantities of drugs
(1) Basic case
The defendant Zhu Hao, male, Han nationality, was born on May 5, 1996, unemployed.
In December 2018, the defendant Zhu Hao used his mobile phone to search for a job on the Internet due to foreign debts. After searching for information that “delivery” could obtain high remuneration, he proactively contacted the other party and agreed to “delivery”. Later Zhu Hao, according to the arrangement of the other party, traveled from Chengdu City, Sichuan Province to Kunming City, Yunnan Province to Menglian Dai Lahu and Wa Autonomous County, Yunnan Province, and smuggled out of the country in an inflatable kayak to Myanmar.
In late January 2019, the defendant Zhu Hao took a trolley case from the other party, returned to China under the other party's arrangement, returned to Kunming City after several changes of transportation, and took the G286 train to Jinan City, Shandong Province. At about 18:00 on the 27th of the same month, public security officers captured Zhu Hao on the train, and seized 2 packets of heroin from the bottom mezzanine of the trolley case he was carrying, with a net weight of 2063.99 grams.
(2) Results of the referee
The case was tried by the Jinan Railway Transportation Intermediate Court in the first instance and the Shandong Higher People's Court in the second instance.
The court held that Zhu Hao, the defendant, carried drugs from Myanmar into my country and transported them. His actions constituted the crime of smuggling and transporting drugs. Zhu Hao could not give a reasonable explanation for the behavior of smuggling to Myanmar after accepting employment and waiting for a month, only carrying a trolley box with clothes to get high remuneration, changing transportation multiple times on the way, and mostly choosing to walk on mountain roads. It was also seized from the interlayer of the trolley case he carried, and it could be determined that he smuggled and transported drugs knowingly it was a drug. The amount of drugs involved in Zhu Hao's crimes is large. Given that he was employed by others to smuggle and transport drugs, and he had first offenders, occasional offenders, and other discretionary circumstances, he could be punished lightly. Accordingly, the defendant Zhu Hao was sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property.
The above-mentioned judgment has become legally effective on March 19, 2020.
(3) Typical meaning
In order to evade punishment, drug criminals use high returns as bait to recruit undocumented young people through the Internet to transport drugs back to the mainland. Such cases have occurred frequently in recent years and have become a new trend in drug crimes in my country. This case is a typical case of a young man without a criminal record accepting others to smuggle and transport drugs through the mobile phone network. Defendant Zhu Hao committed serious crimes by accepting others' employment on the Internet to smuggle and transport drugs in order to obtain high remuneration. After Zhu Hao went back to the case, he pleaded that he did not know that there were drugs in the trolley case, which was not consistent with the evidence confirmed by the case. The people's court sentenced Zhu Hao to life imprisonment according to the facts, nature and specific circumstances of Zhu Hao's crime, which reflects the severe punishment for drug crimes.
Bian Chenchen and other cases of drug trafficking and illegal use of information networks
——Illegal cultivation and sale of marijuana, illegal use of online forums to publish information on marijuana cultivation
(1) Basic case
Defendant Bian Chenchen, male, Han nationality, born on February 20, 1995, student.
Defendant Bian Shilei, male, Han nationality, born on September 20, 1970, is a migrant worker.
In the winter of 2017, Defendant Bian Chenchen provided hemp seeds to his father Defendant Bian Shilei, who then planted it in his factory dormitory and home. Since January 2018, Bian Chenchen sold marijuana to others through WeChat. Later, after colluding with Bian Shilei, Bian Chenchen contacted the seller and collected the money. Bian Shilei air-dried and solidified the mature cannabis into hemp leaf products and sent them to buyers by express. As of October of the same year, Bian Chenchen had sold 294 grams of marijuana at least 18 times, and made a profit of 13,530 yuan, of which Bian Shilei participated in selling at least 11 times and a total of 241 grams. After the incident, public security officers seized 12 cannabis plants and 16 cannabis leaves at Bian Shilei.
It was also found that the "gardener" was an online forum engaged in illegal activities such as the exchange of cannabis cultivation experience, the sale of cannabis seeds and finished products, and the teaching of anti-investigation methods. Defendant Bian Chenchen registered the account "Bai Zhenye" to join the "Garden Ding" forum on January 7, 2015. He is the moderator of the forum and is responsible for managing the internal tutorial section. A total of 19 topic posts on cannabis knowledge and planting techniques were published, and replies were exchanged. Cannabis cultivation technique 164 times.
(2) Results of the referee
The case was heard by the People's Court of Zhuji City, Zhejiang Province.
The court held that the defendants Bian Chenchen and Bian Shilei knew that marijuana was cultivated and sold, and their actions constituted the crime of drug trafficking. Bian Chenchen and Bian Shilei sold marijuana on many occasions. The circumstances were serious and the two committed joint crimes. They should be punished in accordance with all the crimes they participated in. Bian Chenchen used the information network to publish drug-related illegal and criminal information, the circumstances were serious, and his behavior constituted the crime of illegal use of the information network. Bian Chenchen and Bian Shilei were able to truthfully confess the facts of the crime after returning to the case, and pleaded guilty and punished, which can be given a lighter punishment. The several crimes committed by Bian Chenchen shall be punished in accordance with the law. According to this, the defendant Bian Chenchen was sentenced to four years imprisonment for drug trafficking crimes and a fine of RMB 25,000, and one year and four months for illegal use of the information network, and a fine of RMB 5,000. , Decided to carry out a fixed-term imprisonment of four years and nine months, and fined 30,000 yuan; the defendant Bian Shilei was sentenced to three years and nine months in prison for drug trafficking, and a fine of 25,000 yuan.
After the verdict was pronounced, there was no appeal or protest within the statutory time limit, and the above-mentioned judgment became legally effective on October 29, 2019.
(3) Typical meaning
With the advent of the information age, various network platforms and self-media have developed rapidly, playing a very important role in social life. At the same time, some criminals make use of network platforms to facilitate the concealment of identities, rapid information dissemination, and freedom from geographical restrictions to create or manage illegal forums and live broadcast platforms to carry out drug-related illegal and criminal activities. This case is a case in which the defendant planted and sold marijuana and used illegal forums to release relevant illegal and criminal information. The defendant Bian Chenchen accused his father Bian Shilei of planting marijuana, and the two cooperated in selling. Bian Chenchen also long-term managed illegal forums spreading marijuana cultivation methods and selling finished marijuana, and committed two crimes at the same time. The People's Court imposed corresponding penalties on the two defendants in accordance with the law.
Liu Yanxuan drug trafficking case
——State officials commit drug crimes and are severely punished according to law
(1) Basic case
The defendant Liu Yanxuan, male, Han nationality, was born on September 15, 1985, an employee of the Forestry and Animal Husbandry Law Enforcement Brigade, Guanyun County, Jiangsu Province.
One night in August and September 2019, the defendant Liu Yanxuan sold about 0.5 grams of methamphetamine (meth) to Wang Dongming in Wangxu Village, Yishan Town, Guanyun County, Jiangsu Province. In October of the same year, Liu Yanshuo sold about 0.3 grams of methamphetamine to Zhou Lei at the gate of the old power supply company in the county.
(2) Results of the referee
The case was heard by the People's Court of Guanyun County, Jiangsu Province.
The court held that the defendant Liu Yanxuan was selling drugs when he knew it was drugs, and his behavior constituted the crime of drug trafficking. Liu Yanxuan, as a national worker, sells a small amount of drugs, the circumstances are serious. In view of his factual confession, pleading guilty and punished, he can be given a lighter punishment. Accordingly, the defendant Liu Yanxuan was sentenced to three years in prison and a fine of 10,000 yuan.
After the verdict was pronounced, there was no appeal or protest within the statutory time limit, and the above-mentioned judgment has become legally effective on March 28, 2020.
(3) Typical meaning
National staff should have resisted drugs more consciously and actively struggled against drug crimes. However, in recent years, some national staff have been involved in drug crimes, which has caused negative social impact. The defendant in this case, Liu Yanxuan, is an employee of a public institution affiliated to the Guanyun County Bureau of Natural Resources and Planning. He is a national employee. According to Article 4 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Law in the Trial of Drug Crimes, he It is a "serious situation" for trafficking a small amount of drugs. The People's Court sentenced Liu Yanxuan to three years in prison in accordance with the law, reflecting the severe punishment for such crimes.
The case of Zou Huosheng inducing others to take drugs and theft
-Inducing others to take drugs and instigating others to steal together, punished according to law
(1) Basic case
The defendant Zou Huosheng, male, Han nationality, was born on October 9, 1987, a farmer.
The defendant, Zou Huosheng, was a villager in a village in Huazhou City, Guangdong Province, and intended to lure Zou XX, a villager with the same village (to be handled in another case) to take drugs. One day in September 2018, after Zou Huosheng borrowed money from Zou to buy heroin, he came to Zou's house that night and said that taking heroin could relieve Zou's leg pain after surgery. Zou Moumou said that he would not take drugs, so Zou Huosheng put the heroin on the tin foil to heat it, so that Zou Moumou could smoke the smoke. After that, Zou Moumou asked Zou Huosheng to buy heroin to smoke when he encountered leg pain.
One night in November of the same year, the defendants Zou Huosheng and Zou had a drug addiction, but they had no money to buy drugs. Upon Zou Huosheng's suggestion, the two sneaked into the home of a villager in the same village and stole an LCD TV. The next day, Zou Huosheng sold the TV set for 400 yuan, used 100 yuan to buy heroin, and smoked with Zou Moumou.
(2) Results of the referee
The case was heard by the People's Court of Huazhou City, Guangdong Province.
The court held that the defendant Zou Huosheng's behavior in inducing others to take drugs constituted the crime of inducing others to take drugs; Zou Huosheng's act for the purpose of illegal possession and stealing property from the house with others constituted the crime of theft. Since Zou Huosheng truthfully confessed his crimes and pleaded guilty in court, he can be given a lighter punishment. Several crimes committed by Zou Huosheng shall be punished in accordance with the law. Based on this, Zou Huosheng was sentenced to one year and two months’ imprisonment for the crime of inducing others to take drugs, and a fine of RMB 2,000; for theft, he was sentenced to seven months’ imprisonment and a fine of RMB 1,000. It was decided to carry out a fixed-term imprisonment of one year. Six months a year, and a fine of 3,000 yuan.
After the judgment was pronounced, there were no appeals or protests within the statutory time limit, and the above judgments became legally effective on April 30, 2019.
(3) Typical meaning
Drug addiction not only harms health, but high expenditures can also cause economic difficulties and induce drug addicts to commit crimes such as stealing and stealing money. The criminal law of our country does not set the quantity and circumstances of the crime of inducing, instigating and deceiving others to take drugs, so those who commit such acts should generally be investigated for criminal responsibility. This case is a typical case of inducing others to take drugs and then jointly committing crimes of infringement of property. Defendant Zou Huosheng lured the villagers from the same village to take heroin on the grounds that drug use can eliminate the pain, and instigated them to enter the house together to steal property in order to buy drugs, which more prominently reflects the harm of drug use inducing crime. The people's court sentenced Zou Huosheng to criminal punishment according to the facts, nature and specific circumstances of his crime.
Chen Desheng allowed others to take drugs
——Accommodating multiple minors for drug abuse and severely punishing them according to law
(1) Basic case
The defendant Chen Desheng, male, Tujia nationality, was born on September 14, 1999, a student at school.
On the evening of May 12, 2018, to celebrate the birthday of his girlfriend Huang Moumou (minor), the defendant Chen Desheng left Zhang Moumou, Lin Moumou and 14 people in the room of a concert hall in Jingzhou District, Jingzhou City, Hubei Province. Minors take ketamine (commonly known as "K powder"). At about 22:00 that day, public security officers seized Chen Desheng, Huang Moumou and the 16 drug users mentioned above in the room. After a urine test, Chen Desheng and 16 drug addicts tested positive for ketamine.
It was also found that on December 18, 2017, the defendant Chen Desheng was invited by others to participate in the crime of assembling a crowd.
(2) Results of the referee
This case was heard by the People's Court of Jingzhou District, Jingzhou City, Hubei Province.
The court held that the defendant Chen Desheng allowed multiple minors to take drugs, and his behavior constituted the crime of hosting others to take drugs and should be punished severely; Chen Desheng actively participated in a crowd fight, and his behavior constituted the crime of crowd fight. Several crimes committed by him shall be punished in accordance with the law. According to this, the defendant Chen Desheng was sentenced to three years imprisonment for the crime of allowing others to take drugs and a fine of 10,000 yuan; three years imprisonment for the crime of assembling a crowd, five and six months imprisonment, and a fine RMB 10,000.
After the verdict was pronounced, there was no appeal or protest within the statutory time limit, and the above-mentioned judgment became legally effective on August 3, 2019.
(3) Typical meaning
Drugs are addictive, once contaminated, it is easy to cause physical and psychological dual dependence. In recent years, the incidence of drug abuse cases in my country has been relatively high, and the characteristics of younger drug users have also become prominent. Minors are immature and are more likely to suffer from drugs. This case is a typical case in which multiple minors are allowed to take drugs. The defendant, Chen Desheng, was a school student who took drugs with a number of minors who had been invited to the party to celebrate his girlfriend’s birthday. He has changed from a mere drug abuser to a perpetrator of drug crimes. According to the facts, nature and specific circumstances of Chen Desheng's crimes, the people's courts imposed severe punishments in accordance with the law.
Lv Xiaochun and other cases of illegal production and sale of drug-making products
——Illegal trading of brominated phenylacetone and production of ephedrine, the circumstances are particularly serious
(1) Basic case
Defendant Lu Xiaochun, male, Han nationality, was born on February 24, 1968, unemployed. On January 10, 2008, he was sentenced to fifteen years in prison for drug trafficking and fined RMB 100,000. He was released on July 6, 2015.
Defendant Gao Juncheng, male, Han nationality, born on December 2, 1981, is a migrant worker. On June 30, 2014, he was sentenced to one year and six months in prison for the crime of transporting and manufacturing drugs, and was fined RMB 10,000. He was released on November 23 of the same year.
The defendant Zheng Ying, male, Han nationality, was born on May 25, 1982, a farmer. On November 11, 2003, he was sentenced to six years in prison for robbery and fined RMB 2,000.
In March 2017, the defendant Lv Xiaochun contacted the defendant Zheng Ying through the Internet to purchase 200 kg of 1-phenyl-2-bromo-1-acetone (commonly known as bromopropiophenone) in order to produce ephedrine. Later, Lu Xiaochun hired the defendant Gao Juncheng to participate in the production and purchase drug-making tools and other raw materials. On January 20, 2018, public security officers captured Lu Xiaochun and Gao Juncheng at No. 93, Yongle Road, Shibei District, Qingdao City, Shandong Province, and seized 5.65 kg of ephedrine, 104.65 kg of ephedrine-containing liquid and other chemical agents there. Zheng Ying was later arrested and brought to justice.
(2) Results of the referee
The case was tried by the People's Court of Shibei District, Qingdao City, Shandong Province, and the Intermediate People's Court of Qingdao City, Shandong Province.
The court held that the circumstances of the defendant Lu Xiaochun’s illegal purchase and production of raw materials for the manufacture of drugs were particularly serious, and his actions constituted the crime of illegal production and sale of drug-making articles; the defendant Gao Juncheng illegally produced raw materials for the manufacture of drugs, and the circumstances were particularly serious. , Her behavior has constituted the crime of illegally producing drug-making products; the defendant Zheng Ying illegally sold raw materials used in the manufacture of drugs, the circumstances were particularly serious, and her behavior has constituted the crime of illegally buying and selling drug-making products. Lu Xiaochun and Gao Juncheng were both principal offenders in joint crimes, and both were repeat offenders and drug recidivists, and should be severely punished according to law. All three truthfully confessed the main facts of the crime and were given a lighter punishment. Accordingly, the defendant Lv Xiaochun was sentenced to ten years and six months in imprisonment and a fine of 30,000 yuan in accordance with the law; Gao Juncheng was sentenced to nine years and six months in prison and a fine of 20,000 yuan; to the defendant Zheng Ying was sentenced to eight years and six months in prison and fined 20,000 yuan.
The above-mentioned judgment has become legally effective on July 3, 2019.
(3) Typical meaning
Affected by a variety of factors, the current problem of illegal and criminal drug-making products in my country is more prominent. This case is a typical case of illegal production and trading of drug-making products. Bromopropiophenone is an important raw material for the synthesis of ephedrine, and ephedrine can be used to manufacture the drug methamphetamine, both of which are precursor chemicals strictly controlled by the state. According to Article 8 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Drug Crime Cases", the three defendants Lv Xiaochun, Gao Juncheng, and Zheng Ying committed drug-making crimes with particularly serious circumstances, and the People's Court imposed corresponding penalties in accordance with the law. It embodies the resolute punishment of such drug crimes.
Zhang Wei intentional homicide
——Have a long history of drug abuse, killing innocent children and committing extremely serious crimes
(1) Basic case
Defendant Zhang Wei, male, Han nationality, was born on July 16, 1989, an employee of the Market Supervision Administration of Xinshao County, Hunan Province.
Defendant Zhang Wei started taking drugs in 2012 and was detoxified and sent to hospital for treatment many times. At about 16:00 on December 21, 2016, when Zhang Wei drove through Caixing Road, Leijiaao Village, Niangxi Town, Xinshao County, Hunan Province, he saw Wang Moumou (victim, male, 7 years old) carrying his schoolbag. Walking on the side of the road, he fooled him into the car. At about 21 o'clock that day, Zhang Wei drove to a remote road in Pingxin Village, Pingshang Town, Xinshao County. After parking, he hugged Wang Moumou who was sleeping and cut and slashed Wang’s neck with a kitchen knife, causing Wang’s neck. The ministry was cut off and died. Zhang Wei threw Wang's head and torso into nearby grass and fled the scene.
(2) Results of the referee
The case was tried by the Intermediate People's Court of Shaoyang City, Hunan Province and the Higher People's Court of Hunan Province for the second instance. The Supreme People's Court reviewed the death penalty in this case.
The court held that the defendant Zhang Wei deliberately and illegally deprived others of his life, and his actions constituted the crime of intentional homicide. Zhang Wei's murder of innocent children was cruel, and the circumstances were particularly bad. The crime was extremely serious and should be punished according to law. Accordingly, the defendant Zhang Wei was sentenced and approved to death in accordance with the law, depriving him of political rights for life.
The criminal Zhang Wei was executed according to law on June 17, 2020.
(3) Typical meaning
Drug abuse is illegal and self-trapping. Medical research has shown that long-term drug use may cause irreversible damage to the central nervous system of the human brain. In general, it is not a reason for lenient punishment if mental disorders are caused by drug use. This case is a typical case of a defendant who caused mental disorders by long-term drug use and killed innocent children. Defendant Zhang Wei knew that he would experience mental abnormalities such as hallucinations after taking drugs, and had been detoxified and sent to a doctor many times, but he continued to take drugs for a long time. Zhang Wei lured and killed a 7-year-old child who was walking alone, causing his body to be separated. The criminal method was cruel, the circumstances were particularly bad, and the crime was extremely serious. The people's court sentenced Zhang Wei to death in accordance with the law, reflecting the severe punishment for serious violent crimes induced by drug use.
Transfer from: Supreme People's Court