1. How to sentence drug trafficking?
The crime of drug trafficking, that is, drug trafficking crime, is convicted and sentenced according to the variety and quantity of drugs.
Article 347 of the Criminal Law Whoever smuggles, sells, transports or manufactures drugs, regardless of the quantity, shall be investigated for criminal responsibility and punished.
Whoever smuggles, sells, transports or manufactures drugs under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 15 years, life imprisonment or death, and shall also have his property confiscated:
(1) Smuggling, trafficking, transporting or manufacturing opium of more than one kilogram, heroin or methamphetamine of more than fifty grams or other drugs in large quantities;
(2) ringleaders of drug smuggling, trafficking, transporting and manufacturing groups;
(3) Armed cover for smuggling, trafficking, transporting or manufacturing drugs;
(4) resisting inspection, detention or arrest by violence, if the circumstances are serious;
(5) Participating in organized international drug trafficking activities.
Whoever smuggles, sells, transports or manufactures opium of more than 200 grams but less than 1 kilogram, heroin or methamphetamine of more than 10 grams but less than 50 grams, or other drugs in relatively large quantities, shall be sentenced to fixed-term imprisonment of more than seven years and shall also be fined.
Whoever smuggles, sells, transports or manufactures opium less than 200 grams, heroin or methamphetamine less than 10 grams or other small amounts of drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Where a unit commits the crimes mentioned in the second, third and fourth paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of these paragraphs.
Whoever uses or instigates minors to smuggle, sell, transport or manufacture drugs, or sells drugs to minors, shall be given a heavier punishment.
Smuggling, trafficking, transporting and manufacturing drugs for many times, without treatment, the amount of drugs shall be calculated cumulatively.
Second, can drug trafficking be suspended?
According to the provisions of Article 72 of the Criminal Law, the prerequisite for probation is a criminal sentenced to criminal detention and fixed-term imprisonment of not more than three years. Drug trafficking, according to the number and types of drugs sold, the corresponding sentencing range is also different. According to the regulations, whoever sells opium, heroin or methamphetamine less than 200 grams and less than 10 grams shall be sentenced to fixed-term imprisonment of not more than three years. If the drug is less toxic, the sales volume is not large, the sales time is short, the scale is not formed, and it is a first-time offender or an occasional offender, you can seek probation.
Drug trafficking constitutes a crime, and the amount of punishment mainly depends on the quantity and type of drug trafficking. In addition, the length of drug trafficking, whether the gang committed a crime, the social harm caused, whether there was a plot of surrender and meritorious service after committing a crime, and the attitude of pleading guilty after being brought to justice are all factors that need to be considered when sentencing. Trafficking in other drugs can be converted into heroin according to the prescribed proportion.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 347 of the Criminal Law of People's Republic of China (PRC).
Smuggling, trafficking, transporting and manufacturing drugs, regardless of the quantity, should be investigated for criminal responsibility and punished.
Whoever smuggles, sells, transports or manufactures drugs under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 15 years, life imprisonment or death, and shall also have his property confiscated:
(1) Smuggling, trafficking, transporting or manufacturing opium of more than one kilogram, heroin or methamphetamine of more than fifty grams or other drugs in large quantities;
(2) ringleaders of drug smuggling, trafficking, transporting and manufacturing groups;
(3) Armed cover for smuggling, trafficking, transporting or manufacturing drugs;
(4) resisting inspection, detention or arrest by violence, if the circumstances are serious;
(5) Participating in organized international drug trafficking activities.