Criminal judgment, Beijing No.4 Intermediate People's Court recently released a first-instance report, which showed that on April 4th, 2002165438/kloc-0, Du contacted the overseas seller "Eri@ Ye" through WeChat, bought 9 stamps of "LSD" (ergot diethylamine, a strong semi-artificial hallucinogen) from the United States and smuggled them into the country by mail. On June 26th of the same year, at 65438, the mail was seized during customs clearance in Tianjin and handed over to the Anti-smuggling Bureau of Beijing Customs for handling. On 202 1 1 29, Du was arrested by the Anti-smuggling Bureau of Beijing Customs at the receiving place. After weighing and identification, the net weight of "LSD" seized in the express mail is 0. 13g, and all the drugs involved have been seized.
During the police investigation, Du said that she didn't know that the goods she bought were drugs or that the mail came from abroad. I bought "LSD" because I read an article on the Internet that "LSD" can increase creativity and treat mental illness.
Combined with the case file evidence, the court found that "LSD" is a controlled product in most countries, and Du showed a clear understanding and high vigilance on this point. When chatting with others, Du uses the words "coffee", "real coffee", "fake coffee", "stamps" and "stamp collecting" instead of other contraband and "psychedelic drugs".
Du and her defenders tried to explain that "coffee" refers to healthy coffee beneficial to men's functions, and "stamp collecting" refers to attracting men instead of drugs. However, the court held that this statement could not reasonably explain the true meaning of these words in the chat, and the above words should refer to contraband and psychedelic drugs respectively.
Besides, this is not the first time that Du Xing has been exposed to drugs. Police evidence shows that Du has transferred money to the seller "Eri@ Ye" many times since 20 17. In addition, Du also remitted money to the student village many times to buy marijuana for music classes.
It is reported that the icon of "skirt" is the code name that Du Xueer used to replace marijuana when chatting on WeChat. For fear that the chat records will be monitored, Du Hezhuang said that he should try to avoid typing the word "marijuana" and use the icon of "skirt" instead.
During the investigation, the police found that the pattern of "skirt" appeared many times in the chat records of Du and Zhuang. They talked about the process of buying "skirt" and how to hand over the goods.
The court held that Du had a subjective intention to smuggle drugs, and objectively carried out drug smuggling, which violated China's drug management system and customs regulations, evaded customs supervision, and bought drugs from abroad and mailed them into the country, which constituted a crime of drug smuggling and should be punished according to law.
On February 30th, 2002165438, Du was sentenced to one year's imprisonment and fined RMB 10,000. 654381October 28th, Du served his sentence.
After the members went to prison, the agency still announced the band.
On February 5th, 2002 1, China Performance Industry Association issued the Measures for the Self-discipline Management of Performers in Performance Industry, in which the following self-discipline disciplinary measures were taken against performers who violated professional norms: "According to the severity and harm of performers' violation of professional norms, different degrees of industry boycott, such as1,3, 5 and permanent".
Only one month after the promulgation of the Measures, Douban boasted that "we will destroy unscrupulous musicians on behalf of the moon", a group that "rolls public comments to expose the bad behavior of rock musicians", has already broke the news about drug smuggling by members of Fu Lushou. However, the post that broke the news was not searched, and only the fan's response questioning post can explain that such a breaking news once existed. The poll on "Do you believe that members of Fu Lushou smuggle drugs" in the post shows that 70% of the 606 people who participated in the poll did not believe the contents of the report.
At that time, the agent of Fu Lushou also said that the company was very strict with drug management. Another band member's testimony also mentioned that the company stipulates that if it violates drug-related laws, it needs to bear the liability for breach of contract. "If drugs are involved, the team's acting career may be over."
However, after Du was arrested, the brokerage company Weibo "Beihe Sanle" was still organizing and promoting the activities of Fu Lushou Band, and there was no sign of cancellation.
Not only that, on February 22, 2022, "Three Music in the North River" was released. Weibo said that he would hold a tour, collect the tour cities from netizens, and use publicity photos to include Du.
It may be responsible for continuing to hire bad artists.
Is it illegal for an artist to be released from prison for drug-related activities and the brokerage company is still conducting normal publicity activities? Xia Guangyu, director of Beijing Qi Ying Law Firm, said that if the relevant contract between the brokerage company and the project partner clearly stipulates that "the brokerage company shall bear the liability for breach of contract if the artist's related actions or events may cause damage to the project partner", then the brokerage company shall bear the corresponding liability for breach of contract to the project partner.
In addition, after the brokerage company assumes the responsibility for breach of contract to the project partner, it can also pursue the corresponding responsibility from the artist according to the relevant provisions of the brokerage contract with the artist. In other words, Du's behavior has constituted a crime and become a "bad artist". The brokerage company not only failed to terminate the contract with Du in time, but also continued to organize publicity. If the project partner is held accountable, the brokerage company should bear the corresponding responsibilities.
At the same time, brokerage companies should pay attention to the commercial compliance of business and the criminal compliance of personnel.
Artist brokerage companies should carry out criminal compliance with artists throughout the process, including: background investigation of artists before signing the contract, prevention of criminal legal risks after signing the contract, and relevant disposal after the contract is terminated. Specific measures can include: legal training, daily words and deeds education, Weibo and other aspects of self-media use management.
Xia Guangyu said that although standardized and intensive treatment of inferior artists has made a good start to eliminate the industry ecology, the road of scientific and standardized management is doomed to be a long road.
There should be more interns.
Editor/Ye Wan