Judgment announced in Huaibei Hao Ruqiao drug trafficking case

I. You can log in to the China Judgment Documents Network to check the judgment. The court will convict and impose a sentence in accordance with the law based on the facts of the crime, the nature of the crime, the circumstances and the degree of harm to society;

2. Legal link: Article 347 of the Criminal Law: smuggling, selling, transporting and manufacturing drugs, smuggling, Anyone who sells, transports or manufactures drugs, regardless of the amount of the crime, should be held criminally responsible and given criminal penalties.

Anyone who smuggles, sells, transports, or manufactures drugs under any of the following circumstances shall be sentenced to 15 years in prison, life imprisonment, or death, and his property shall be confiscated:

(1) Smuggling, selling, transporting, and manufacturing more than one kilogram of opium, more than 50 grams of heroin or methamphetamine, or other drugs in large quantities;

(2) Smuggling, selling, transporting, or manufacturing drugs in large quantities;

(2) The ringleader of a smuggling, selling, transporting, and manufacturing drug group;

(3) Armed cover for smuggling, selling, transporting, and manufacturing drugs;

< p>(4) Violently resisting inspection, detention, or arrest, if the circumstances are serious;

(5) Participating in organized international drug trafficking activities.

Whoever smuggles, sells, transports or manufactures more than 200 grams but less than one kilogram of opium, more than 10 grams but less than 50 grams of heroin, methamphetamine, or other drugs in larger quantities shall be sentenced to fixed-term imprisonment of not less than seven years. , and impose a fine.

Whoever smuggles, sells, transports, or manufactures less than 200 grams of opium, less than 10 grams of heroin or methamphetamine, or other drugs in smaller quantities 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.

If a unit commits the crime of Paragraph 2, Paragraph 3 or Paragraph 4, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the above paragraphs. .

Those who use or instigate minors to smuggle, sell, transport, manufacture drugs or sell drugs to minors shall be severely punished.

If drugs are smuggled, sold, transported, or manufactured multiple times without processing, the cumulative quantity of drugs will be calculated.