1. How many years will it take to smuggle one kilogram of methamphetamine?
Smuggling, trafficking, transporting and manufacturing drugs, regardless of the quantity, should be investigated for criminal responsibility and punished. Whoever smuggles, sells, transports or manufactures opium of more than one kilogram, heroin or methamphetamine of more than fifty grams or other drugs in large quantities shall be sentenced to fixed-term imprisonment of not more than fifteen years, life imprisonment or death, and shall also have his property confiscated.
Second, what are the specific sentencing standards for drug crimes?
For drug crimes, there are the following sentencing standards:
1. Smuggling, trafficking, transporting and manufacturing drugs, regardless of the quantity, should be investigated for criminal responsibility and given criminal punishment;
2. 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 his property shall also be confiscated: smuggling, selling, transporting or manufacturing opium of more than 1 kg, heroin or methamphetamine of more than 50 g or other drugs in large quantities; Ringleaders of drug smuggling, trafficking, transporting and manufacturing groups; Armed cover for smuggling, trafficking, transporting and manufacturing drugs; Resisting inspection, detention or arrest by violence, if the circumstances are serious; Participate in organized international drug trafficking activities. There are some differences in sentencing due to different charges of drug crimes.
Third, drug crimes, how to sentence?
The sentencing of drug crimes is: 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 penalty, and his property shall also be confiscated: smuggling, selling, transporting or manufacturing opium is more than one kilogram, heroin or methamphetamine is more than fifty grams, or other drugs are relatively large.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 347 Whoever smuggles, sells, transports or manufactures drugs, regardless of the quantity, shall be investigated for criminal responsibility and given criminal punishment. Whoever smuggles, sells, transports or manufactures drugs under any of the following circumstances shall be sentenced to fixed-term imprisonment of 15 years, life imprisonment or death, and his property shall also be confiscated: (1) Smuggling, selling, transporting or manufacturing opium of more than one kilogram, heroin or methamphetamine of more than 50 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.
Article 348 Whoever illegally holds more than one kilogram of opium, more than fifty grams of heroin or methamphetamine or other drugs in huge quantities shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined. Possession of opium of more than 200 grams but less than 1 kilogram, or heroin and 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 not more than three years, criminal detention or public surveillance, and shall also be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.