Article 347: Those who smuggle, sell, transport, and manufacture drugs, regardless of the quantity, shall be investigated for criminal responsibility and punished.
Anyone who smuggles, sells, transports, or manufactures drugs under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than fifteen years, life imprisonment, or death, and shall also have his property 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) The leader of a smuggling, selling, transporting, or manufacturing drug group elements;
(3) Armed cover for smuggling, trafficking, transportation, and manufacturing of drugs;
(4) Resisting inspection, detention, or arrest with violence, if the circumstances are serious;
(5) Participate 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 or 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 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 serious, the offender 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 respective 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, and manufactured multiple times without processing, the cumulative quantity of drugs will be calculated.
Article 348 Whoever illegally possesses more than one kilogram of opium, more than 50 grams of heroin or methamphetamine, or other drugs in large quantities shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be punished Money; whoever illegally possesses more than 200 grams but less than 1 kilogram of opium, more than 10 grams but less than 50 grams of heroin or methamphetamine, or other drugs in larger 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 serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Article 349: Whoever shields criminals who smuggle, sell, transport, or manufacture drugs, or conceal drugs or property obtained from crime for criminals, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance; If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
If drug traffickers or other state functionaries harbor or protect criminals who smuggle, sell, transport, or manufacture drugs, they shall be severely punished in accordance with the provisions of the preceding paragraph.
Anyone who commits the crimes in the first two paragraphs and conspires in advance shall be punished as the crime of smuggling, selling, transporting, and manufacturing drugs.
Article 350 Violates national regulations and illegally transports or carries acetic anhydride, ether, chloroform and other raw materials or preparations used to manufacture drugs into or out of the country, or violates national regulations and illegally trades the above-mentioned drugs within the country If the quantity is relatively large, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined.
Anyone who knowingly provides items specified in the preceding paragraph to others shall be punished as a * * * criminal for the crime of manufacturing drugs.
If a unit commits the crime in the preceding two paragraphs, 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 preceding two paragraphs. Article 351: Those who illegally grow opium poppy, marijuana and other drug-derived plants will have their roots carved out by force. Anyone who commits any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance, and shall also be fined:
(1) Planting more than 500 but not more than 3,000 opium poppy plants, or planting other drug-producing plants in quantities of Larger ones;
(2) Planted after treatment by the public security organs;
(3) Resisting eradication.
Whoever illegally grows more than 3,000 opium poppies or other narcotic original plants shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or have property confiscated.
Those who illegally grow opium poppy or other narcotic plants and automatically carve out the roots before harvesting will be exempted from punishment.
Article 352 Whoever illegally buys, sells, transports, carries, or possesses a large amount of uninactivated opium poppy and other drug original plant seeds or seedlings shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance , and shall be fined or solely fined. Article 353 Whoever induces, instigates or deceives others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or 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. gold.
Whoever forces others to take or inject drugs shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
Those who seduce, instigate, deceive or force minors to take or inject drugs shall be severely punished.
Article 354: Anyone who allows others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be fined.
Article 355: Violate state regulations, produce, transport, operate, and use state-controlled narcotic drugs and psychotropic drugs in accordance with the law, and provide state-controlled drugs to people who smoke or inject addictive drugs. Those who use prescribed narcotic drugs and psychotropic drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined. Anyone who provides state-controlled narcotic drugs and addictive psychotropic drugs to criminals who smuggle or sell drugs or to people who take or inject drugs for profit shall be convicted and punished in accordance with the provisions of Article 347 of this Law.
If a unit commits the crime in the preceding paragraph, 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 preceding paragraph.
Article 356: Anyone who is sentenced to the crime of smuggling, selling, transporting, manufacturing, or illegally possessing drugs and commits the crime specified in this section shall be severely punished.
Article 357: Drugs as used in this law refer to opium, heroin, methamphetamine (methamphetamine), morphine, marijuana, cocaine and other addictive narcotics prescribed by the state. Drugs and psychotropic substances.
The quantity of drugs is calculated based on the quantity of smuggled, sold, transported, manufactured, and illegally possessed drugs, and the purity is not calculated.
Category: Default Category | Comments (0) | Views (5) "Interpretation of the Supreme People's Court on Issues Concerning Conviction and Sentencing Standards for Drug Cases" 2007-06-16 22:17.
In order to severely punish drug crimes in accordance with the law, in accordance with the provisions of Chapter 6, Section 7 of the Criminal Law, the relevant issues regarding the conviction and sentencing standards for drug cases are hereby explained as follows:
Article 1 Smuggling , selling, transporting, manufacturing, or illegally possessing the following drugs shall be deemed to be "other drugs in relatively large quantities" as stipulated in Article 347, Paragraph 2 (1) and Article 348 of the Criminal Law :
(1) More than 100 grams of amphetamine drugs (except methamphetamine);
(2) Five kilograms of sesame oil, ten kilograms of cannabis resin, and one hundred and fifty cannabis leaves More than 100 kilograms and marijuana cigarettes;
(3) More than 50 grams of cocaine;
(4) More than 100 grams of morphine;
(5) Demerol Cold ice) 250 grams or more (injection of 100mg//tablets is more than 2500 tablets, 5000 tablets is 50mg//films or more); 25mg//tablets are more than 10000 tablets, 50mg//tablets are more than 5000 tablets);
(6) More than ten milligrams of dihydroetorphine hydrochloride (20 micrograms/tablet for injection or tablet, more than 500 tablets);
(7) Two hundred kilograms of caffeine and above;
(8) More than 200 kilograms of poppy shells;
(9) Large quantities of drugs other than the above-mentioned drugs.
Article 2 Anyone who smuggles, sells, transports, manufactures or illegally possesses the following drugs shall be deemed to be "stipulated in Article 347, paragraph 3 and Article 348 of the Criminal Law" "Other drugs in larger quantities":
(1) Amphetamine drugs (except methamphetamine) weighing more than 20 grams but less than 100 grams;
(2) Cannabis oil weighing more than 1 kilogram but less than 100 grams; 5 kilograms, more than 2 kilograms but less than 10 kilograms of cannabis resin, more than 30 kilograms of cannabis leaves and tobacco but less than one hundred and fifty kilograms;
(3) More than 10 grams but less than 50 grams of cocaine;
< p>(4) More than 20 grams but less than 100 grams of morphine;(5) More than 50 grams and less than 250 grams of pethidine (injection 100 mg//tablets, more than 500 tablets and less than 2500 Tablets, 50mg//tablets (more than 1000 tablets but less than 5000 tablets); 25mg//tablet specifications more than 2000 tablets but less than 10000 tablets, 50mg//tablet specifications more than 1000 tablets but less than 5000 tablets);
(6) Dihydroetorphine hydrochloride greater than 2 mg and less than 10 mg (injection or tablet 20 micrograms, 100 tablets, more than 500 tablets but less than 500 tablets);
(7) Fifty kilograms of caffeine More than 50 kilograms but less than 200 kilograms;
(8) More than 50 kilograms of poppy shells but less than 200 kilograms;
(9) Drugs other than the above-mentioned drugs, in larger quantities.
Article 3: Any of the following circumstances may be deemed to be a "serious circumstance" as stipulated in paragraph 4 of Article 347 of the Criminal Law:
(1) Smuggling, Selling, transporting, or manufacturing opium between 140 grams and less than 200 grams, heroin or methamphetamine between seven grams and less than ten grams, or other equivalent amounts of drugs;
(2) Smuggling, Manufacturing, transporting, and selling drugs;
(3) Selling drugs in drug rehabilitation supervision places;
(4) Selling drugs to multiple people or multiple times;
(5) Other serious behaviors.
Article 4 Whoever violates national regulations and illegally transports or carries acetic anhydride, ether, chloroform and other raw materials or preparations used to manufacture drugs into or out of the country, and reaches the following quantity standards, shall be punished in accordance with Article 350 of the Criminal Law Penalties for conviction under the provisions of paragraph 1:
(1) Ephedra, pseudoephedrine and their salts and single preparations weigh more than 5 kilograms and less than 50 kilograms; ephedra extract and ephedra extract powder exceed 100 Kilogram but less than 1,000 kilograms;
(2) Acetic anhydride and chloroform weighing more than 200 kilograms but less than 2,000 kilograms;
(3) Ethyl ether exceeding 400 kilograms but less than 3,000 kilograms ;
(4) Raw materials or preparations other than the above-mentioned raw materials or preparations used for the manufacture of drugs, in a comparable quantity.
Anyone who violates national regulations by illegally transporting, carrying out of the country, or illegally buying and selling raw materials or ingredients used in the manufacture of drugs within the country, exceeding the quantity standard listed in the preceding paragraph, shall be deemed to have committed the crime of Article 350 of the Criminal Law. The “larger quantity” specified in this paragraph.
Article 5 Any illegal cultivation of more than 5,000 but less than 30,000 cannabis plants shall be deemed to be a “large quantity” as specified in Item (1) of Paragraph 1 of Criminal Law Article 351 ; Illegal cultivation of more than 30,000 cannabis plants shall be deemed to be a "large quantity" of illegal cannabis cultivation as stipulated in Paragraph 2 of Criminal Law Article 351.