Huang Yiqing was convicted of drug trafficking 15.
Recently, the Hongkou District People's Court of Shanghai sentenced Huang Yiqing to fixed-term imprisonment of 15 years, deprivation of political rights for 3 years and confiscation of property of 50,000 yuan.
According to the accusation of Hongkou District Procuratorate, Huang Yiqing contacted Yu Moumou, a drug addict, and sold 5 packs of ***80 grams of ice to Yu Moumou in five times in his home and near his residential area.
Selling 80 grams of ice will be sentenced to 15, is it too heavy? China cracked down on drug crimes very severely. The maximum penalty for drug trafficking is the death penalty. It can be said that Huang Yiqing was sentenced to 15 this time, which is quite light.
Conviction and sentencing of drug trafficking
Article 347 of the Criminal Law stipulates the crime of drug trafficking. Anyone who sells drugs, regardless of the quantity, shall be investigated for criminal responsibility. Whoever sells methamphetamine (ice) in excess of 50g shall be sentenced to 15 years' imprisonment, life imprisonment or death.
According to the provisions of the Minutes of the Symposium on the Trial of Drug Crimes by National Courts, the drugs seized by drug traffickers in their residences and vehicles after being arrested should generally be regarded as drug trafficking, and unless there is evidence to prove that they are not used for drug trafficking, they will be punished according to the charges of illegal possession of drugs.
For example, Zhang San was arrested for drug trafficking, and he had 20 grams of methamphetamine. Later, the public security organs found 40 grams of ice from his home, and directly determined that these 40 grams of ice were also sold, that is, the total amount of drug trafficking was 60 grams. At this time, if Zhang San wants to reduce his punishment, he must find a way to prove that 60 grams of drugs were taken by himself.
Determination of drug quantity
Obviously, if you sell methamphetamine, 50 grams is a watershed. Whether you are judged to be above 15 or below 15 depends on this amount. Many times, the purity of ice is different. So does methamphetamine with different purity have an impact on sentencing?
According to the provisions of the Minutes of the Symposium on Drug Crime Trial in National Courts, when handling drug crime cases, regardless of the purity of drugs, except for temporarily changing the conventional form of drugs for covert transportation, the number of drugs verified is generally regarded as the number of drug crimes. If the purity of the drugs involved is obviously lower than the normal purity of similar drugs, it may be considered as appropriate when sentencing.
That is to say, under normal circumstances, the purity of drugs does not affect the determination of quantity, but there are exceptions, such as mixing methamphetamine with other substances, which leads to a significant decrease in purity, and can be handled as appropriate when sentencing.
How long will Yi Huang Qing sit?
Sentenced to fixed-term imprisonment 10 years or more, commutation can only be carried out for more than 2 years. Under normal circumstances, a commutation shall not exceed 9 months, and the interval between two commutation shall not be less than 1.5 years.
According to the regulations, for drug criminals who are professional drug offenders, recidivists and drug recidivists, the conditions for commutation should be strictly controlled, the starting time and interval of commutation should be appropriately extended, the range of commutation should be strictly controlled, and the actual execution term should be extended.
According to the information currently available, Huang Yiqing should not be a professional drug crime, nor a recidivist or drug recidivist. So he should commute his sentence and be released on parole normally. According to the provisions of the criminal law, after the commutation of a fixed-term imprisonment, the actually executed sentence shall not be less than half of the original sentence. The author predicts that Huang Yiqing will be out in 8 to 10 if he can make a good transformation.
Write it at the end
Crystal knew that he was not short of money, and he didn't know why he had to take such a big risk in drug trafficking. The money he earned from drug trafficking is insignificant compared with his 10 years of freedom. He can only say that he is really stupid.
Please forgive me if there are any typos. Please indicate the author (lawyer Yang Enxiong), otherwise legal responsibility will be investigated. The picture comes from the network, and the infringing contact is deleted.