Article 61 of the Anti-Drug Law allows others to take, inject or introduce drugs, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the public security organ shall detain it for more than ten days and less than fifteen days, and may also impose a fine of not more than three thousand yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
What is a drug crime? In addition to drug trafficking and drug abuse, social security problems caused by some unconscious and threatening behaviors, such as drunk driving, murder and trouble, are considered crimes.
What is the object of drug crime? How to identify the object of drug crime refers to the specific person, thing or information that the criminal act stipulated in the criminal law infringes or directly points to. For example, guns and ammunition in the crime of stealing guns and ammunition, and * * * in the crime of whoring. Drugs in drug crimes, obscene articles in crimes, concealing and concealing criminal proceeds, criminal proceeds in criminal proceeds, criminal proceeds, etc.
Please note that the drugs here are a fait accompli, which are applicable to drug crimes such as smuggling, trafficking, transportation and illegal possession, but not to drug manufacturing crimes. Because:
1. The object of a crime is different from what constitutes a crime. Property used for bribery and gambling is the thing that constitutes the crime of bribery and gambling, not the object of the crime of bribery and gambling.
2. The criminal object is different from the criminal object. For the crime of forging official documents and the crime of manufacturing drugs, forging official documents belongs to the object of crime, not the object of crime.
3. The object of the crime is different from the things used in the crime, and fraudulent credit cards are used. The forged card belongs to the object of crime, not the object of crime.
What is a drug crime? Drug crime refers to crimes involving drugs. According to China's criminal law, smuggling, trafficking, transporting, manufacturing and illegal possession of drugs are all criminal acts. Drug crimes mainly include the crimes of smuggling, selling, transporting and manufacturing drugs, illegal possession of drugs, harboring drug criminals, harboring, transferring, concealing drugs, stealing drugs, smuggling drug-making articles, illegally buying and selling drug-making articles, illegally planting drug-making plants, illegally buying and selling, transporting, carrying and holding drug-making plant seeds and seedlings, luring, instigating and deceiving others to take drugs, and forcing others to take drugs. Smuggling, trafficking, transporting and manufacturing drugs, regardless of the quantity, should be investigated for criminal responsibility and punished.
Typical cases of drug crimes Drug trafficking is a criminal act regardless of the quantity, and the crime of drug trafficking should be convicted and sentenced according to the quantity, type and circumstances of drug trafficking.
If the drug crime is less than three years, it is more likely to be sentenced to one year.
Whether to sentence the death penalty depends on the specific circumstances. Lawyers who are good at drugs in Chengdu can Baidu Hasse.
You should find a professional criminal lawyer. There is a doctor named Cheng who runs a Sichuan criminal lawyer network, which is not bad.
It was recommended by lawyers and related knowledge.
Ask for a sentence, but it should be light.
Lawyer Xu Xiaohua of Zongheng Law Network
What is the property penalty for drug crimes? What are the types of property punishment for drug crimes? 1. What is the property penalty for drug crimes?
Property punishment of drug crime is a kind of punishment that deprives criminals of their property, including confiscation of property and fines.
Confiscation of property means that a criminal is sentenced by a people's court to forcibly confiscate part or all of his personal property;
A fine means that a people's court sentences a criminal and forces him to pay a certain amount of personal money to the state.
Second, what are the types of property punishment for drug crimes?
The property penalty of drug crime is a kind of penalty to deprive criminals of their property, including fine penalty and confiscation of property penalty.
(1) penalties for fines
The penalty of fine (fine) is a penalty method that the people's court sentences criminals to pay a certain amount of money to the state.
Applicable crimes
Judging from the nature of crimes, fines in China's criminal law are mainly applicable to three kinds of crimes:
1, economic crime
There are more than 90 crimes of disrupting the order of the socialist market economy stipulated in the third chapter of the specific provisions of the criminal law, which basically stipulates the independent application or additional application of the fine penalty.
2. Property crimes
There are a total of 14 crimes against property stipulated in Chapter V of the Specific Provisions of the Criminal Law, among which there are 9 fines, accounting for more than 50% of the total.
3. Other intentional crimes
There are more than 90 crimes of disturbing social management order stipulated in Chapter VI of the Specific Provisions of the Criminal Law, of which about 50% stipulate fines. In addition, Articles 240th and 244th of Chapter IV of China's Criminal Law on the crime of infringing upon citizens' personal rights and democratic rights also stipulate a fine with or without penalty.
Types of fines
(2) Confiscation of fines
1. The scope of confiscation of property is limited to the legal property owned by criminals.
2, the confiscation of all property, should consider the humanitarian principle, must retain the necessary living expenses of criminals and their families (dependents).
3. There are three conditions for repaying criminals' debts with confiscated property:
(1) This debt is a normal debt incurred by criminals before the confiscation of property;
(2) It needs to be repaid with confiscated property;
(3) At the request of creditors.
There are many cases such as how to calculate meritorious service in drug crimes, how to identify meritorious service in drug crimes, and how to assist in arresting and reporting other people's crimes. All belong to the meritorious service situation stipulated in the criminal law, so don't seek drug crimes when reporting.