1, the Supreme People's Court's explanation on the relevant issues of conviction and sentencing standards in drug cases.
It stipulates the scope of the second paragraph of Article 347 of the Criminal Law, "The quantity of other drugs is relatively large".
2. Notice of the Supreme People's Court Municipal Government on Printing and Distributing the Minutes of the Symposium on Drug Crime Cases in National Courts (Fa Fa Fa No.200042)
3. Reply of the Supreme People's Procuratorate on how to determine the nature of cases of selling counterfeit drugs.
4. the Supreme People's Court's reply on several issues concerning the application of laws in handling drug criminal cases.
5. the National People's Congress Standing Committee (NPCSC)'s decision on drug control
Attached:
A summary of the national seminar on drug crime cases in courts.
In order to implement the spirit of the National Anti-drug Conference and summarize and exchange experience in drug crime trial, the Supreme People's Court held a national symposium on drug crime trial in Nanning, Guangxi Zhuang Autonomous Region from 5 to 7 October 2000/KLOC-0. Vice presidents in charge of criminal trials in higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, presidents of criminal trial courts, and representatives of the PLA Military Court and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region attended the meeting. Liu Jiachen, Vice President of the Supreme People's Court, delivered an important speech at the forum.
The meeting summarized and exchanged the experience of local courts in trying drug crimes in recent years, analyzed the grim situation of drug crimes in China at present, studied and discussed the problems encountered in trying drug crimes, and put forward specific suggestions for people's courts to crack down on drug crimes according to law and correctly apply laws to try drug crimes. The summary is as follows:
one
In recent years, the people's courts have always regarded cracking down on drug crimes as an important task in criminal trials, adhered to the principle of "strike hard", severely punished a large number of drug criminals according to law, and made important contributions to the national anti-drug cause. However, due to the increasing infiltration of international drug crimes into China. In addition, domestic drug dealers are crazy about drug crimes driven by huge profits, which makes China become a victim of drug transit and consumption from a drug transit country in previous years. Therefore, the current and future drug control situation in China is very grim. The meeting held that the people's court, as a judicial organ, shoulders a very important task in the anti-drug struggle, and must profoundly understand the necessity and urgency of cracking down on drug crimes according to law from the height of the rise and fall of the Chinese nation and the long-term stability of the country. We should conscientiously implement the spirit of the national conference on drug control held by the National Narcotics Control Commission in Baotou from 65438 to 0999, and make full use of criminal law weapons to crack down on drug crimes. Focus on cracking down on drug traffickers, professional drug offenders, recidivists, recidivists, and other drug criminals who are subjectively vicious and seriously harmful, as well as those who smuggle drugs into the country, repeatedly sell them in large quantities, repeatedly sell them, induce many people to take drugs, armed escort drugs, and violently resist arrest. Those who should be sentenced to death according to law must be resolutely sentenced to death, severely crack down on the arrogance of drug criminals, and always maintain a high-pressure situation in cracking down on drug crimes, so as to effectively curb the momentum of drug crimes.
In order to effectively crack down on drug crimes and strengthen the comprehensive management of drug crimes, while insisting on severely punishing drug crimes, we should also pay attention to the following aspects: First, handle cases strictly according to law. No matter in entity or procedure, no matter whether the punishment is heavy or light, we must strictly abide by the law. Especially for cases that may be sentenced to death, we should strictly implement the provisions of the law and the party's death penalty policy, and make death penalty cases an ironclad case. Second, adhere to the criminal policy of combining leniency with severity. Crimes that are legally given a lighter or mitigated punishment should be dealt with leniently according to law, so as to divide and disintegrate criminals and more effectively curb drug crimes. Third, actively participate in comprehensive drug control. Drug control is a complex systematic project, and the people's courts should actively participate in the comprehensive control of drug control through special struggles, public trials, legal publicity and education and other effective ways.
two
The meeting held that since the 1980s, people's courts have tried a large number of drug-related criminal cases and accumulated valuable trial experience, which is of great significance for further trial of drug-related criminal cases in the future. Through careful discussion and research, the delegates have a certain understanding of some legal application problems encountered in drug crime trials in recent years.
(1) Conviction of drug crimes.
The crime of smuggling, selling, transporting and manufacturing drugs stipulated in Article 347 of the Criminal Law is a selective crime. Although the judicial interpretation has some provisions on how to apply this crime, there are still great differences in its implementation. Before the introduction of the new judicial interpretation, the determination of the above-mentioned crimes should still be in accordance with the Supreme People's Court's "On the Application"
If the illegal possession of drugs reaches the standard of the number of crimes stipulated in Article 348 of the Criminal Law, and there is no evidence to prove that criminal acts such as smuggling, trafficking, transporting and manufacturing drugs have been committed, the crime of illegal possession of drugs shall be convicted.
For drug crimes committed by drug addicts, we must be cautious when determining the facts of the crime and determining the charges. Drug addicts caught in the process of purchasing, transporting and storing drugs, if there is no evidence to prove that the defendant has committed other drug crimes, should generally not be convicted and punished, but if a large number of drugs are seized, they should be convicted and punished for illegal possession of drugs; If the quantity of drugs does not exceed the minimum standard stipulated in Article 348 of the Criminal Law, no conviction or punishment shall be made. The number of drugs seized by the defendant who sells or feeds drugs should be regarded as the number of crimes, but the circumstances of the defendant taking drugs should be considered when sentencing.
If there is evidence that the perpetrator only buys drugs for others to smoke for profit, and the amount of drugs exceeds the minimum standard stipulated in Article 348 of the Criminal Law, which constitutes a crime, both the consignor and the purchaser constitute the crime of illegal possession of drugs.
(2) About * * * and drug crimes.
Drug accomplice refers to the act of two or more people deliberately committing crimes such as smuggling, selling, transporting and manufacturing drugs. * * * The same crime should not be conditional on whether other * * * accomplices are present after the crime. Only objectively related drug crimes, such as both parties who buy and sell drugs, do not necessarily constitute the crime of * * *, but in order to facilitate litigation, they can be tried together. The following aspects should be paid attention to in the trial of drug crimes:
First, we should correctly distinguish between principal and accessory. In the crime of * * *, those who are interested in drug trafficking, mainly contribute money, have new drugs and play a major role are the principal offenders; An accessory plays a secondary or auxiliary role in the same crime. For those who do have evidence to prove that they played a secondary or auxiliary role in the crime of * * *, they cannot be regarded as accomplices or even as principal offenders just because other * * * accomplices have not been brought to justice. As long as the accessory is identified, no matter whether the principal is present or not, the punishment shall be lightened, mitigated or exempted in accordance with the provisions of the Criminal Law on accessory.
The second is to correctly identify the number of drug crimes committed by the principal and accessory in the same criminal case. The ringleaders of drug-related criminal groups shall be punished according to the total number of drug-related crimes committed by the group; The principal offender of a joint crime shall be punished according to the number of drug crimes organized and directed by him; Accessories should be punished according to the number of drug crimes they directly participate in.
The third is to determine the punishment according to the actor's role and guilt in the same crime. Different cases cannot be simply compared. The number of accomplices in this case may be more than that in another case, but the punishment for accomplices in this case is not necessarily heavier than that in another case. * * * If the principal and the accessory can be distinguished in the same crime, the defendant cannot be identified as the principal and sentenced to severe punishment or even death just because the amount of drugs involved is extremely large. Those who are employed by others to commit drug crimes shall be specifically identified as the principal offender or accomplice according to their role in the crime. A person who is instructed by others to commit a drug crime and plays a secondary role in the crime should generally be regarded as an accessory.
(3) Special inducement crime in drug cases.
Using special information to solve crimes is an effective means to combat drug crimes. In the trial practice, we should pay attention to the fact that sometimes the special circumstances used do not strictly abide by the relevant provisions, and there are cases of deliberately luring and quantitatively luring others to commit drug crimes under the intervention. "Criminal Intention" means that the perpetrator has no intention to commit drug crimes subjectively, but has formed the intention to commit drug crimes under the temptation and convenience of special circumstances. The defendant in this case should be given a lighter punishment, and no matter how many drug crimes he commits, he should not be sentenced to death immediately. "Quantity inducement" means that the perpetrator intentionally commits only a small number of drug crimes, and under the temptation of special circumstances, he commits a large number of drug crimes that even reach the death penalty. The defendant in this case should be given a lighter punishment. Even if the drug quantity standard of the death penalty is exceeded, the death penalty should not be executed immediately.
If it is not clear whether the special circumstances are strictly observed during use, you should take the initiative to contact the public security anti-drug department to understand the relevant situation. When it is impossible to find out whether there is intentional inducement or quantity inducement, we should leave room when considering whether to sentence the defendant to death immediately.
If the defendant is indirectly induced to commit a drug crime due to special circumstances, it shall be handled with reference to the above provisions.
Information provided under special circumstances can only be used as evidence if it is verified and meets the evidentiary conditions stipulated in the Criminal Procedure Law and judicial interpretation.
Because of special circumstances, criminal acts are generally under the control of public security organs, and drugs are generally not easy to flow into society, and their social harm is greatly reduced, which should be considered when sentencing.
(4) Several specific issues of sentencing in drug cases.
The number of drug crimes. The number of drug crimes plays an important role in the conviction of drug crimes, especially in sentencing. But the quantity of drugs is only an important plot to punish drug crimes according to law, not the whole plot. Therefore, the quantitative standard of executing sentencing cannot be simplified. Especially in the case that the defendant may be sentenced to death, many factors such as the defendant's criminal circumstances, harmful consequences, subjective malignancy and so on must be considered comprehensively when sentencing. If the number of drugs has just reached the standard of actually mastering the death penalty, but the harmful consequences are not particularly serious, or the defendant's subjective malignancy is not particularly serious, or there are circumstances such as discretionary lighter punishment, the death penalty may not be executed immediately. If the amount of drugs seized by public security organs is less than the death penalty standard, but the amount of drugs confessed exceeds the death penalty standard, the defendant shall generally be given a lighter punishment and the death penalty shall not be executed immediately.
About pharmaceutical ingredients. According to the criminal law, the quantity of drugs is not converted into purity. However, if there is evidence that the drugs seized are seriously adulterated, and it is found that the drug content is very small and there are indeed a lot of adulterated ingredients, it should be considered as appropriate when sentencing. Especially if the amount of drugs adulterated reaches the death penalty standard, the defendant can be executed immediately without being sentenced to death. Drugs are mixed with other articles to cover transportation, and other articles should not be counted as the quantity of drugs.
The Criminal Law does not clearly stipulate the quantitative standard of sentencing for psychotropic drugs and narcotic drugs under state control. Before the relevant judicial interpretation is issued, relevant professional departments should identify the toxic effects of drugs involved, the size and quantity of toxic components, and the dependence of drug addicts on drugs when trying such cases. If it cannot be determined due to conditions, the penalty applicable to the defendant can be decided by referring to factors such as the price of illegal drug transactions, and the death penalty should be carefully grasped.
On the legal application and sentencing of the defendant who constitutes recidivism and fatigue at the same time Defendants who constitute recidivism according to law and at the same time constitute recidivism will be given a heavier punishment by applying the recidivism clause stipulated in Article 356 of the Criminal Law in the future, and will no longer invoke the recidivism clause of the Criminal Law.
On the correct application of confiscated property and fines. The criminal law stipulates property punishment for most drug crimes. In judicial practice, we should strictly follow the provisions of the law and pay attention to punishing criminals economically. In addition to recovering the defendant's illegal income according to law, the defendant should also be sentenced to fines and property penalties in strict accordance with the law. Just because the defendant has no property, or his property is difficult to identify, divide or execute, he cannot be sentenced to property punishment.
On the determination that the defendant's assistance to the public security organs in arresting accomplices constitutes meritorious service. Whether the defendant constitutes such meritorious service should be determined according to whether the defendant really played a role in assisting the public security organs to arrest accomplices. If the defendant identifies and identifies an accessory on the spot; Leading public security personnel to capture associates; The defendant provided clues hidden by an accomplice that the relevant authorities did not grasp or that the relevant authorities could not grasp in accordance with normal working procedures, and arrested the accomplice, all of which belonged to assisting the judicial authorities in arresting the accomplice and should be regarded as meritorious service.
(5) Identification of relevant evidence in drug crime cases.
In some drug-related criminal cases, it is often difficult to examine the evidence and ascertain the facts because drugs, drug money and other evidence no longer exist or the defendant recants. When dealing with such cases, it is impossible to finalize the case according to law only by the defendant's demographic confession. Only when the defendant's confession is consistent with that of other defendants in the same case, and the circumstances of inducement, confession and collusion are completely ruled out, the defendant's confession and the defendant's confession in the same case can be used as evidence for finalizing the case. For those who only use confessions as final evidence, they should be especially careful to be sentenced to death immediately.
(6) Qualitative issues about the crime of stealing and robbing drugs.
Whoever steals or robs drugs shall be convicted of theft and robbery respectively. To determine the amount of theft, we can refer to the price of local illegal drug trade. The amount of robbery is the actual amount of drugs robbed. Whoever commits other drug crimes after stealing or robbing drugs shall be punished in combination with several crimes of theft, robbery and specific drug crimes.
The Supreme People's Court's interpretation of conviction and sentencing standards in drug cases
The Interpretation of the Supreme People's Court on Issues Related to the Criterion of Conviction and Sentencing in Drug Cases was adopted by the the Supreme People's Court Judicial Committee at its meeting110 on April 20th, 2000. It is hereby promulgated and shall come into force as of June 10.
In order to severely punish drug crimes according to law, according to the provisions of Section 7 of Chapter VI of the Specific Provisions of the Criminal Law, the relevant issues concerning the conviction and sentencing standards of drug cases are explained as follows:
Article 1 Whoever smuggles, sells, transports, manufactures or illegally holds the following drugs shall be deemed as "other drugs are in large quantities" as stipulated in Item (1) of Paragraph 2 of Article 347 and Article 348 of the Criminal Law:
(a)100g or more of amphetamine-type drugs (except methamphetamine);
(two) five kilograms of sesame oil, ten kilograms of cannabis resin, more than one hundred and fifty kilograms of cannabis leaves and marijuana cigarettes;
(3) More than 50 grams of cocaine;
(4) Morphine100g or more;
(5) Demerol (Demerol) is more than 250g (injection 100mg/ tablet is more than 2,500 tablets, and 5 OMG/ tablet is more than 5,000 tablets); 25mg//tablet specifications 10000 or more, 5mg/tablet specifications 5000 or more);
(six) more than ten milligrams of dihydroetorphine hydrochloride (injection or tablet 20 micrograms/tablet, tablet size more than 500 tablets);
(seven) caffeine more than two hundred kilograms;
(eight) poppy shell more than two hundred kilograms;
(9) The amount of drugs other than the above drugs is relatively large.
Article 2 Whoever smuggles, sells, transports, manufactures or illegally holds the following drugs shall be deemed as "other drugs are in large quantities" as stipulated in the third paragraph of Article 347 and Article 348 of the Criminal Law:
(a) amphetamine drugs (except methamphetamine) more than 20 grams less than 100 grams;
(2) hemp oil 1 kg is less than 5 kg, cannabis resin is less than 2 kg 10 kg, and cannabis leaf and tobacco are less than 30 kg 150 kg;
(three) cocaine 10 grams but less than 50 grams;
(four) more than twenty grams of morphine and less than one hundred grams;
(5) Demerol (Demerol) is more than 50g and less than 250g (100mg/tablet for injection is more than 500 tablets and less than 2,500 tablets, and 5 OMG/ tablet is more than 1000 tablets and less than 5,000 tablets); 25mg//tablet size is more than 2000 tablets but less than 10000 tablets, and 5mg/tablet size is more than 1000 tablets but less than 5000 tablets);
(6) dihydroetorphine hydrochloride is more than 2 mg and less than 10 mg (20 micrograms for injection or tablet, 100 tablets, more than 500 tablets and less than 500 tablets);
(seven) more than fifty kilograms of caffeine and less than two hundred kilograms;
(eight) poppy shell more than fifty kilograms but less than two hundred kilograms;
(9) Drugs other than the above drugs are in relatively large quantities.
Article 3 Under any of the following circumstances, it can be considered as "serious circumstances" as stipulated in the fourth paragraph of Article 347 of the Criminal Law:
(1) Smuggling, trafficking, transporting or manufacturing opium of more than 140 grams but less than 200 grams, heroin or methamphetamine of more than 7 grams but less than 10 grams or other equivalent drugs;
(2) State functionaries smuggle, manufacture, transport or sell drugs;
(3) selling drugs in drug rehabilitation supervision places;
(four) drug trafficking to many people or drug trafficking for many times;
(5) Other serious acts.
Article 4 Whoever, in violation of state regulations, illegally transports or carries acetic anhydride, ether, chloroform and other raw materials or preparations used in the manufacture of drugs into or out of the country and reaches the following quantitative standards shall be convicted and punished in accordance with the provisions of the first paragraph of Article 350 of the Criminal Law:
(1) Ephedrine, pseudoephedrine, its salts and unilateral preparations are more than 5 kg but less than 50 kg; Herba Ephedrae extract and Herba Ephedrae extract powder are more than100kg but less than100kg;
(two) acetic anhydride, chloroform more than 200 kg but less than 2000 kg;
(three) ether more than four hundred kilograms but less than three thousand kilograms;
(4) raw materials or preparations used for the manufacture of drugs other than the above-mentioned raw materials or preparations, the quantity of which is equivalent.
Whoever, in violation of state regulations, illegally transports, takes out of the country or illegally buys and sells raw materials or ingredients used in the manufacture of drugs in China, exceeding the quantity standards listed in the preceding paragraph, shall be deemed as "a large quantity" as stipulated in the first paragraph of Article 350 of the Criminal Law.
Article 5 Whoever illegally cultivates more than 5,000 cannabis plants but less than 30,000 cannabis plants shall be deemed as "a large number" as stipulated in Item (1) of Paragraph 1 of Article 351 of the Criminal Law; Illegal cultivation of more than 30,000 cannabis plants shall be deemed as "a large number" of illegal cultivation of cannabis as stipulated in the second paragraph of Article 351 of the Criminal Law.
How to characterize the case of selling counterfeit drugs in the Supreme People's Procuratorate?
answer the question
The Supreme People's Procuratorate on human trafficking.
Reply on how to characterize counterfeit drug cases
Gao Jianfa Yanzi [1991] No.21991April 2,
Gansu Provincial People's Procuratorate:
Your hospital (1990) 12 "Request for Instructions on How to Deal with Cases of Selling Fake Drugs" has been received. After study, the reply is as follows:
Criminal cases of selling counterfeit drugs should be handled differently according to different situations: if they are knowingly sold as counterfeit drugs, the defendant should be investigated for criminal responsibility for fraud; Anyone who knowingly sells counterfeit drugs shall be investigated for the criminal responsibility of the defendant for the crime of selling drugs, and the fact that he sells counterfeit drugs may be considered lighter or mitigated.
The Supreme People's Court's Opinions on Handling Drug Criminal Cases
Answers to several questions about the application of law
Guangdong Provincial Higher People's Court:
Your request for instructions on several issues concerning handling drug-related crime cases has been received. After study, the reply is as follows:
1. If the defendant smuggles, sells, transports, manufactures or illegally possesses two or more drugs, which constitutes a crime, he should not be punished for several crimes, but he can be dealt with according to law in consideration of the types, quantity and harmfulness of drugs.
Two, the defendant bought a certain amount of drugs, but only found that part of it was sold, and the rest was consumed by the defendant, which should be determined according to the determined sales amount.
The National People's Congress Standing Committee (NPCSC)'s decision on drug control
1990 65438+17th meeting of the 7th NPC Standing Committee on February 28th)
In order to severely punish criminal activities such as smuggling, trafficking, transporting, manufacturing drugs and illegally planting drug plants, prohibit taking and injecting drugs, protect citizens' physical and mental health, maintain social order and ensure the smooth progress of socialist modernization, the following provisions are formulated:
1. The drugs referred to in this decision refer to opium, heroin, morphine, marijuana, cocaine and other narcotic drugs and psychotropic substances that can make people addicted to drugs.
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 shall also have his property confiscated;
(1) Smuggling, trafficking, transporting or manufacturing opium of more than one kilogram, heroin of more than fifty 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 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 less than 10 grams or other small amounts of drugs shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance and shall also be fined.
Whoever uses or instigates minors to smuggle, sell, transport or manufacture drugs shall be given a heavier punishment.
For those who have smuggled, sold, transported or manufactured drugs for many times, and those who have never dealt with them, the cumulative number of drugs shall be calculated.
Third, anyone is prohibited from illegally possessing drugs. Whoever illegally holds more than one kilogram of opium, more than fifty grams of heroin 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 fined; Whoever illegally holds more than 200 grams of opium but less than 1 kilogram, more than 10 grams of heroin but less than 50 grams, or other drugs in relatively large quantities, shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance, and may also be fined; Whoever illegally holds less than 200 grams of opium, less than 10 grams of heroin or other small amounts of drugs shall be punished in accordance with the provisions of the first paragraph of Article 8.
4. Whoever harbors criminals who smuggle, sell, transport or manufacture drugs, harbors, transfers or conceals drugs or property obtained from crimes for criminals, and conceals or conceals the illegal nature and source of property obtained from drug sales, shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance, and may also be fined.
Whoever conspires to commit a crime in advance shall be punished as the * * * offender of the crime of smuggling, trafficking, transporting and manufacturing drugs.
5. Acetic anhydride, ether, chloroform or other articles that are often used in the manufacture of narcotic drugs and psychotropic substances shall be strictly controlled in accordance with the relevant provisions of the state, and it is strictly forbidden to illegally transport or carry them into or out of the country. Whoever illegally transports or carries the above-mentioned articles into or out of the country 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 number is relatively large, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; If the quantity is small, it shall be punished in accordance with the relevant provisions of the Customs Law.
Whoever knowingly provides the goods specified in the preceding paragraph to others shall be punished as the * * * offender of the crime of manufacturing drugs.
If a unit commits illegal and criminal acts as stipulated in the preceding two paragraphs, the person in charge and other persons who are directly responsible for it shall be punished in accordance with the provisions of the preceding two paragraphs, and the unit shall be fined or fined.
Six, illegal cultivation of opium poppy, marijuana and other drug plants, will be forced to eradicate. Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined;
(1) Planting more than 500 opium poppies and less than 3,000 opium poppies, or planting a large number of other narcotic plants;
(two) planted by the public security organs;
(3) Resist eradication.
Whoever illegally grows more than 3,000 opium poppies or other narcotic plants shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or confiscated.
Whoever illegally cultivates less than 500 opium poppies or other drug precursors in small quantities shall be detained by the public security organ for less than 15 days and may also be fined less than 3,000 yuan.
Illegal cultivation of opium poppy or other original plants of drugs, which are automatically eradicated before harvest, can be exempted from punishment.
7. Whoever lures, instigates or deceives others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance, and shall also be fined.
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.
Whoever lures, instigates, deceives or forces minors to take or inject drugs shall be given a heavier punishment.
Eight, taking or injecting drugs, the public security organs shall be detained for less than fifteen days, and may be fined less than two thousand yuan, and the instruments for taking or injecting drugs shall be confiscated.
Drug addicts who take or inject drugs shall be punished in accordance with the provisions of the preceding paragraph, but also given compulsory detoxification, treatment and education. Those who take or inject drugs after compulsory detoxification can be given reeducation through labor, and compulsory detoxification can be carried out in reeducation through labor.
Nine, allowing others to take, inject drugs and sell drugs, shall be punished in accordance with the provisions of article second.
Ten, the national health administrative department according to the needs of medical treatment, teaching and scientific research, in accordance with the provisions of laws and administrative regulations, designated specific places and pharmaceutical factories to grow and produce a certain number of narcotic plants, narcotic drugs and psychotropic drugs. Units and personnel engaged in the production, transportation, management and use of narcotic drugs and psychotropic substances under state control according to law must strictly abide by the relevant state regulations on the management of narcotic drugs and psychotropic substances.
Persons engaged in the production, transportation, marketing and use of narcotic drugs and psychotropic substances under state control according to law who, in violation of state regulations, provide narcotic drugs and psychotropic substances under state control to drug users and injecting drug users shall be sentenced to fixed-term imprisonment of not more than seven years or criminal detention and may also be fined. Whoever provides narcotic drugs and psychotropic drugs under state control to criminals who smuggle or sell drugs or to people who take or inject drugs for profit shall be punished in accordance with the provisions of Article 2.
If a unit commits an illegal or criminal act as stipulated in the second paragraph, the person in charge and other persons who are directly responsible for it shall be punished in accordance with the provisions of the second paragraph, and the unit shall be fined.
Eleven, state functionaries who commit the crimes stipulated in this decision shall be given a heavier punishment.
Whoever is sentenced to punishment for the crime of smuggling, trafficking, transporting, manufacturing or illegal possession of drugs and commits the crime specified in this decision shall be given a heavier punishment.
Twelve, seized drugs, illegal gains from drug crimes, illegal gains and property used for crimes shall be confiscated. Confiscated drugs and devices for taking or injecting drugs shall be destroyed or otherwise disposed of in accordance with state regulations. Confiscated income shall be turned over to the state treasury.
Thirteen, China people * * * and China citizens in China people * * * and China outside the smuggling, trafficking, transportation and manufacturing of drugs, the application of this decision.
If a foreigner commits the crime mentioned in the preceding paragraph outside the territory of People's Republic of China (PRC) and enters the territory of China, China's judicial organs have jurisdiction. This decision shall apply except for extradition in accordance with international conventions or bilateral treaties concluded or acceded to by China.
14. Whoever commits the crime specified in this decision and has rendered meritorious service in exposing other drug crimes may be given a lighter, mitigated or exempted punishment.
Fifteen, citizens have the obligation to report and expose the illegal and criminal acts stipulated in this decision. The state rewards those who report and expose criminal activities such as smuggling, trafficking, transporting and manufacturing drugs and those who have made meritorious deeds in drug control.
Sixteen, this decision shall come into force as of the date of promulgation.