According to the law, Article 72 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for more than 10 and less than 15, and may be fined less than 2,000 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan:
(a) illegal possession of opium less than 200 grams, heroin or methamphetamine less than 10 grams or other small amounts of drugs;
(2) Providing drugs to others;
(3) taking or injecting drugs;
(4) coercing or deceiving medical personnel to prescribe narcotic drugs and psychotropic drugs.
Article 73 Whoever instigates, lures or deceives others to take or inject drugs shall be detained for more than 10 and less than 15, and shall also be fined for more than 2,000 yuan in 500 yuan.
Article 38 of the Anti-Drug Law If a drug addict is under any of the following circumstances, the public security organ of the people's government at or above the county level shall make a decision on compulsory isolation and detoxification:
(1) Refusing to accept community drug rehabilitation;
(2) Taking or injecting drugs during community detoxification;
(three) a serious violation of the community drug agreement;
(4) taking or injecting drugs again after community detoxification and compulsory isolation detoxification.
The public security organ can directly make a decision of compulsory isolation for drug addicts who are seriously addicted to drugs and are difficult to get rid of them through community detoxification.
Drug addicts who voluntarily accept compulsory isolation detoxification may enter compulsory isolation detoxification places with the consent of the public security organs.
Extended data:
Case:
Sending Lao Xu to rehab at first made me feel terrible. However, I later found out that my family is much more peaceful, so I don't have to worry about his contact with drugs all day ... "Recently, Jiangsu Jingjiang Public Security Bureau sent Xu to a drug rehabilitation center. After compulsory isolation, Xu's wife spoke her mind.
As of July 4, 20 18, 50 drug addicts sentenced in Jingjiang city, including Xu, were handed over to compulsory drug rehabilitation centers. This newspaper (www.thepaper.cn) learned from Jingjiang City Procuratorate that the above results originated from a local procuratorial suggestion.
On may 20 18, the case of Xu suspected of allowing others to take drugs was handed over to Jingjiang city procuratorate. In the process of review and prosecution, the hospital found out that in June 20 17, Xu was forced to be isolated for two years because of drug addiction. A month later, he was sentenced to five months in prison for sheltering others.
From 2065438 to February 2008, Xu was released from prison, but the judicial organs failed to hand Xu over to the drug rehabilitation center in time to continue compulsory isolation and detoxification. Until April 3, 20 18, Xu was once again criminally detained for allowing others to take drugs. /kloc-arrested in April, 0/8, and sentenced to three months' criminal detention one and a half months later.
After discovering Xu's situation, the procuratorial organs analyzed and judged more than 100 drug-related cases handled in recent years, and found that some people who were forced to isolate drug addicts were sentenced for crimes, and the compulsory isolation drug rehabilitation period did not expire after the execution of the penalty. However, due to the poor connection between the two, the follow-up compulsory detoxification failed.
In June this year, Jingjiang City Procuratorate issued a procuratorial proposal to Jingjiang City Public Security Bureau, suggesting to improve the information connection and keep abreast of the sentencing and penalty execution of compulsory isolation drug addicts. In addition, drug addicts who have been forcibly isolated in recent years have been investigated in a "net-pulling" manner, and those who meet the conditions will continue to be handed over to compulsory detoxification.
In July, Jingjiang Public Security Bureau gave a written feedback on the adoption of procuratorial suggestions, and indicated that since 20 17, it has organized an investigation on those who decided to isolate drug addicts, and 50 of them involved in criminal activities continued to be subjected to compulsory isolation for drug rehabilitation.
"The procuratorial organs strengthened legal supervision through procuratorial suggestions, which promoted the judicial organs to standardize law enforcement and avoided the recurrence of similar problems." Grace Wai Wong, member of the Standing Committee of Jingjiang Municipal Committee and secretary of the Political and Legal Committee, said.
China Anti-drug Network -50 drug addicts were "arrested" and sent back to compulsory drug rehabilitation centers.