The following legal documents can be used for reference: According to the Summary of the National Symposium on Drug Crimes in 2000, the following points should be further clarified:
1. If the perpetrator melts drugs into other articles to cover the smuggling and transportation of drugs, other articles should not be included in the drug quantity when calculating the drug quantity;
2, for the seized drugs, proved to be a large number of adulterated drugs, identified by the drug content is very small, there are indeed a large number of adulterated ingredients, should be considered as appropriate when sentencing, especially in the case that the number of drugs adulterated can only reach the death penalty standard, it is more necessary to be cautious in sentencing, and the defendant cannot be sentenced to death immediately;
3. When calculating the quantity of drugs, the very clear drugs of the same kind are generally not converted into purity. However, if the same kind of toxic components may belong to different kinds of drugs because of different contents, it is necessary to identify the contents of the drug components.
Whoever traffics in drugs, smuggles, traffics in, transports or manufactures opium of more than 200 grams but less than 1 kilogram, heroin or methamphetamine 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 or methamphetamine less than 10 grams 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 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.
Drug crimes are mainly calculated by quantity. Methamphetamine is the methamphetamine mentioned above. According to the above regulations!
Yunnan Drug Trafficking Case 2065438+July 2006 Drug Trafficking Case 16 Hello! On July 14, with the landing of flight BL999 1 from Kunming to Lanzhou, two suspects in the "20 16-76" governor's extraordinarily serious drug trafficking case were successfully escorted back to Lanzhou, and another extraordinarily serious drug trafficking case was detected by Anning Branch of Lanzhou Public Security Bureau. On the same day, in front of the T 1 terminal of Zhongchuan Airport, the main leaders of Anning District Committee and District Anti-drug Committee held a welcoming and condolence ceremony for the anti-drug heroes who went to Yunnan to solve the case. It is understood that the Anning Branch of Lanzhou Public Security Bureau, with the assistance of the Provincial Public Security Department, the relevant departments of the Municipal Public Security Bureau and the Yunnan police, successfully cracked the "20 16-76" inter-provincial drug trafficking case, arrested four suspects in Gansu and Yunnan provinces, and seized 8. 1 kg of heroin. Thanks for reading!
The problem of drug trafficking cases is generally like this: whether it is an illegal act initiated by a third party or an illegal act actively investigated by the public security, it must be based on personal evidence! ! Only then can the case be put on file, and the public security unit should hand over the "investigation record and criminal suspect" to the procuratorial organ within 24 hours (it is illegal for the public security unit to hand over ~ this is a very serious problem), and the procuratorial organ should immediately open a temporary investigation court! ! If the evidence is insufficient, it will be ruled inadmissible immediately, and the suspect must be released on the spot! ! If the police are not satisfied, they can take the initiative to collect evidence and send it to the procuratorate for investigation when conditions are ripe!
If the procuratorial organ believes that the person's identity card is complete and that the suspect is indeed suspected of committing a crime, it will only apply to the court for detention if it believes that the suspect is in danger of cross-examination and escape in major cases. (The court must open a temporary court to decide whether the procuratorate needs to be detained. If necessary, the procuratorate can temporarily take the suspect into the detention center for a period of not more than three months. If the court thinks that there is no need for detention, the procuratorate can only release it in court ~! ) The general charge is to get a bail pending trial (that is, the mainland says that it is bail pending trial)! But this is the judicial system in Taiwan Province Province, and the mainland may not be so standardized!
According to the questioner, since the procuratorate wants to file a public prosecution with the court, it will naturally file a case! It is impossible to return to the public security bureau! As for how the court will decide, it is still based on witness and relevant physical evidence! If, as you said, your brother's case is purely framed, based on the current situation in the mainland, I suggest that you really need to hire a lawyer, otherwise you will not win this "gang"
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The crime of drug trafficking in drug trafficking cases in Yan Zheng refers to selling drugs knowing that they are drugs. Drug trafficking refers to the paid transfer of drugs or the illegal purchase of drugs for the purpose of trafficking.
Article 347 of the Criminal Law Article 347 Whoever smuggles, sells, transports or manufactures drugs, regardless of the quantity, shall be investigated for criminal responsibility and given criminal punishment. Whoever smuggles, sells, transports or manufactures drugs under any of the following circumstances shall be sentenced to fixed-term imprisonment of 15 years, life imprisonment or death, and his property shall also be confiscated: (1) Smuggling, selling, transporting or manufacturing opium of more than one kilogram, heroin or methamphetamine of more than 50 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 or methamphetamine 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 or methamphetamine less than 10 grams 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 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. Where a unit commits the crimes mentioned in the second, third and fourth paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of these paragraphs. Whoever uses or instigates minors to smuggle, sell, transport or manufacture drugs, or sells drugs to minors, shall be given a heavier punishment. Smuggling, trafficking, transporting and manufacturing drugs for many times, without treatment, the amount of drugs shall be calculated cumulatively.
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Yongchuan 20 15 Drug Trafficking Criminal Law Section 7 Crime of Smuggling, Selling, Transporting and Manufacturing Drugs
Article 347 Whoever smuggles, sells, transports or manufactures drugs, regardless of the quantity, shall be investigated for criminal responsibility and given criminal punishment.
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 more than one kilogram of sliced chicken, more than fifty grams of heroin and methamphetamine, or other drugs in relatively 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 sliced crow's feet weighing more than 200 grams but less than 1 kilogram, heroin or methamphetamine weighing more than 10 grams but less than 50 grams, or other drugs in large quantities, shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.
Whoever smuggles, sells, transports or manufactures less than 200 grams of sliced chicken, 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 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.
Where a unit commits the crimes mentioned in the second, third and fourth paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of these paragraphs.
Whoever uses or instigates minors to smuggle, sell, transport or manufacture drugs, or sells drugs to minors, shall be given a heavier punishment.
Smuggling, trafficking, transporting and manufacturing drugs for many times, without treatment, the amount of drugs shall be calculated cumulatively.
What are the disadvantages of drug identification conclusions in drug trafficking cases? After the drug sample is identified, a clear and complete identification conclusion should be made before it can be recognized as evidence for finalization in court. In judicial practice, different appraisal institutions and appraisers have different expressions of appraisal conclusions. Such as "heroin is the drug submitted for inspection", "heroin is contained in the sample submitted for inspection", "methamphetamine is the red tablet marked with the word WY", "methylbenzylamine is detected in the sample submitted for inspection" and "methylbenzylamine and caffeine are detected in the suspicious substance submitted for inspection". And there are all kinds of expressions, and there is no unified standard. The above statement only says that it contains some drug ingredients, but does not contain the content of drugs, which is not accurate and complete enough. In general, if only one drug component is detected, it should be expressed as "XX component of the drug detected in the sample for inspection, with the content of XX%", and if more than two drug components are detected, it should be expressed as "XX and XX components detected in the sample for inspection, with the content of XX%, with the content of XX%", which is more scientific. Due to the limitation of manufacturing conditions and technology, it is generally impossible to achieve the purity of 100%, and many drug dealers artificially dope drugs for illegal profits. In cracked drug cases, it is normal to seize drugs with different contents.
The second paragraph of Article 357 of the Criminal Law stipulates that "the quantity of drugs shall be calculated by the number of smuggled, trafficked, transported, manufactured and illegally possessed drugs, and shall not be converted into purity." Because the law stipulates that the seized drugs are not converted into purity, some people think that as long as it is identified that the seized suspected drugs contain a certain drug component, it is considered to be a certain drug and there is no need to identify the content, so there is no drug content in the identification conclusion. Although the number of drugs smuggled, sold, transported, manufactured and illegally held by defendants directly reflects the social harm of their actions, it is beneficial to crack down on drug crimes if the number of drugs is not converted into purity.
Investigation methods of drug trafficking cases, undercover reward report and so on.
The most famous drug lawyer in Anhui, the most famous defense lawyer in drug trafficking cases in Anhui: Can criminal presumption be applied to the number of drug cases? Can criminal presumption be applied to the number of drug cases? Such a question is too profound for a professional drug defense lawyer to answer! Professional drug lawyers may not be able to see your problem! Lawyer Jin Hu is the most famous defense lawyer in drug trafficking cases in Anhui Province. I suggest you consult him directly!
In drug trafficking cases, the sentencing of multiple buyers selling drugs for many times is determined according to the type and quantity of drugs, and the quantity of drugs sold is considered as the sentencing circumstances.