It is normal to allow others to take drugs and be detained for more than three months before going to court. What circumstances allow Du to commit crimes? It is normal to be detained for three to six months before being sentenced and punished.
Have you ever been detained for a month for allowing others to take drugs? Article 354th of the Criminal Law stipulates:
Whoever allows others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined.
The term of the above-mentioned criminal detention shall be from one month to six months.
So you can be sentenced to one month's detention for allowing others to take drugs.
Is it possible to allow others to take drugs for half a month? Allowing others to take drugs is a criminal offence and should be punished. It is impossible to detain them for only half a month.
According to our criminal law
Article 354 Whoever allows others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.
Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (III), May 20 12 16.
Article 11 stipulates: [The Case of Sheltering Others for Drug Abuse (Article 354 of the Criminal Law)] Anyone who provides a place to shelter others for taking or injecting drugs and is suspected of any of the following circumstances shall file a case for prosecution:
(a) allowing others to take or inject drugs for more than two times;
(two) allowing more than three people to take or inject drugs at a time;
(three) administrative punishment for allowing others to take or inject drugs, and allowing others to take or inject drugs;
(4) sheltering minors from taking or injecting drugs;
(five) for the purpose of making profits, allowing others to take or inject drugs;
(six) allowing others to take or inject drugs, causing serious consequences or other serious circumstances.
My friend was arrested for allowing others to take drugs. What will the court say? Article 354 of the Criminal Law stipulates that "whoever allows others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined."
In this case, the court will impose a sentence according to the provisions of the criminal law and the specific circumstances. If your friend allows others to take drugs without causing serious consequences (such as no casualties), he may be sentenced to public surveillance (that is, no fixed-term imprisonment) or criminal detention (one month to six months), and then fined some money.
15 On February 5th, my husband was detained and arrested for allowing others to take drugs. It's almost three months now. Why hasn't he been sentenced? There are certain procedures and time limits for the trial of criminal cases. It usually takes four or five months from criminal detention to getting a verdict, and it will take longer if it is a gang or a fugitive. The following is the criminal procedure, please refer to:
According to the provisions of the Criminal Procedure Law, general criminal cases generally go through three stages, namely, investigation stage (public security organs), examination and prosecution stage (people's procuratorate) and trial stage (people's court).
First, the investigation stage:
The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect.
If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
If the suspect is arrested, the lawyer hired can apply for bail pending trial.
The public security organ shall not detain a criminal suspect for more than two months after his arrest. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence.
Second, the review and prosecution stage:
When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim.
The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time.
The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender.
Defense lawyers can consult, extract and copy the litigation documents and technical appraisal materials of the case from the date when the people's procuratorate examines and prosecutes the case, and can meet and communicate with the criminal suspect in custody.
The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month.
If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.
Third, the trial stage:
After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a hearing. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public.
Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. At the trial, the defense lawyer defended the defendant.
When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 163 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government.
After hearing the case, the people's court made the following judgments according to the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
According to Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Drug Crimes, what constitutes the time for allowing others to take or inject drugs? Under any of the following circumstances, he shall be convicted and punished in accordance with the provisions of Article 354 of the Criminal Law:
(a) Allowing more than one person to take or inject drugs at the same time;
(2) repeatedly allowing others to take or inject drugs within two years;
(3) Having received administrative punishment for allowing others to take or inject drugs within two years;
(4) sheltering minors from taking or injecting drugs;
(five) for the purpose of making profits, allowing others to take or inject drugs;
(six) allowing others to take or inject drugs, causing serious consequences;
(seven) other circumstances that should be investigated for criminal responsibility.
Why was my friend sentenced to 1 year 10 month for allowing others to take drugs? According to the law, whoever allows others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Therefore, a sentence of ten months a year is within the statutory penalty.
Legal basis:
Article 354 of the Criminal Law Whoever allows others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.
Article 356 Whoever is sentenced for the crime of smuggling, trafficking, transporting, manufacturing or illegally possessing drugs and commits the crime specified in this section shall be given a heavier punishment.
It is nothing to let others take drugs and be detained for more than 37 days. The procuratorate has issued a formal notice of arrest. It means they have been formally arrested. You're going to jail.
My friend has been taking drugs for three months and I haven't heard from him. That's why you should let your two friends leave your house quickly and make sure it's the last time. If you are caught, you will face the following penalties: you may be detained, and if you are a drug addict for many times, you may also be sent to a strong drug rehabilitation center; You are the most serious, and you will be sentenced to fixed-term imprisonment of less than three years or criminal detention. The control period is more than 3 months and less than 2 years; Criminal detention for more than one month and less than six months. If you are a first-time offender, I think your sentence will be less than one year and more than six months. And you have to pay a high price for it, such as not getting a driver's license. No matter where you go to a hotel in the country, you will soon be taken away by the police for investigation. Many units refuse to recruit drug addicts, and so on. Think about it, are you worth it? And these are just some of the consequences I said, so the last advice to you is: for yourself and your family, please stay away from drugs, especially from drug friends ~