1. According to Article 354 of the "Criminal Law of the People's Republic of China", anyone who allows others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be fined.
2. According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Drug Crime Cases",
Article 12: Allowing others to take or inject drugs involves one of the following circumstances: Those who harbor others 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) Allowing others to take or inject drugs multiple times within two years;
(3) Being subject to administrative penalties for allowing others to take or inject drugs within two years;
(4) Allowing minors Taking or injecting drugs;
(5) Allowing others to take or inject drugs for the purpose of profit;
(6) Allowing others to take or inject drugs, causing serious consequences ;
(7) Other circumstances that warrant criminal liability.
Whoever sells drugs and then allows others to take or inject drugs, or allows others to take or inject drugs and then sells drugs to them, and meets the conditions for conviction of admitting others as prescribed in the preceding paragraph, shall be charged with the crime of drug trafficking and the crime of admitting others. Several crimes shall be punished simultaneously.
Allowing close relatives to take or inject drugs, if the circumstances are obvious or minor, will not be treated as a crime; if criminal liability needs to be investigated, lenient punishment may be given as appropriate.
Extended data:
First, the filing standards of other countries:
According to the Supreme People's Procuratorate and the Ministry of Public Security's "On the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs" Provisions (3)》
Article 11 [Case of Allowing Others to Take Drugs (Criminal Law Article 354)] Anyone who allows others to take drugs or inject drugs and is suspected of one of the following circumstances shall be prosecuted :
(1) Allowing others to take or inject drugs more than twice;
(2) Allowing more than three people to take or inject drugs at one time;
(3) Being subject to administrative penalties for allowing others to take or inject drugs, and allowing others to take or inject drugs; (4) Allowing minors to take or inject drugs;
(5) Allowing others to take or inject drugs for the purpose of profit;
(6) Allowing others to take or inject drugs, resulting in serious consequences or other serious circumstances.
2. Related cases:
Party Z, male, from a county in Sichuan Province. On August 26, 2010, another host was criminally detained by the Chenghua District Branch of the Chengdu Municipal Public Security Bureau. With the approval of the Chenghua District People's Procuratorate, he was arrested in accordance with the law on September 26, 2010 and detained in the Chengdu Detention Center.
The police investigation found that at around 20:00 on August 6, 2010, the client Z and the criminal suspect Gao opened room 6713 in a hotel on Chenghua District Road, Chengdu, using the name of the client Z The prepared wine bottles and tinfoil were put together with Z (female, 20 years old) with a straw.
Suspect X provided the smoking meth and moxa. All three persons confessed to the above-mentioned facts. The actions of parties Z and
Professional consultation:
1. Understanding of “providing a place” in “receiving others”
“Providing a place” can be one’s own residence or It is your relatives and friends or other hidden places designated by them. It is generally a relatively fixed place specially prepared by the perpetrator for drug addicts.
For example, using a house, residence or renting another person's house to accommodate others to take drugs. Operators and service personnel of restaurants, hotels, cafes, bars, dance halls and other business premises use the business premises to accommodate others to take drugs.
Managers of planes, ships, trains, and automobiles use transportation to accommodate others to take drugs.
2. Preside over the scope of punishment for others.
The "Anti-Drug Law of the People's Republic of China" divides the behavior of allowing others to take drugs into criminal acts and violations of administrative law: "If allowing others to take or inject drugs constitutes a crime, criminal liability shall be investigated in accordance with the law. It does not constitute a crime."
The public security organ may impose a detention of not less than ten days but not more than fifteen days, and may also impose a fine of not more than three thousand yuan; if the circumstances are minor, the person may be detained for not more than five days or fined not more than five hundred yuan. , shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be fined.
Third, it is a crime to allow others to take drugs. Judging from the provisions of the criminal law, as long as the perpetrator provides a place for others while knowingly knowing that others are taking drugs, the crime of harboring others can be constituted.
The number, frequency and duration of allowing others to take drugs are not elements of this crime and are only considered as sentencing circumstances. The author believes that the most essential feature of crime is its serious social harm.
The social harm of harboring others is reflected in violating the national anti-drug system and infringing on people's physical and mental health. Its harm should reach the level of seriously disrupting social management order and causing certain personal injuries.
If the circumstances of allowing others to take drugs are obviously minor, it cannot be considered a crime. Otherwise, the scope of the attack will be too broad and the legal and social effects will not be unified.
Baidu Encyclopedia-The People's Republic of China and Chinese Criminal Law