What is the sentencing standard for the crime of transporting drugs?
Legal analysis: Article 347 of the Criminal Law stipulates that the crime of transporting drugs is the same as the crime of smuggling, selling and manufacturing drugs. According to the seriousness of the case and the defendant's subjective malignancy and personal danger, different types of treatment methods are different: 1. If the ringleader of a drug trafficking criminal group, the principal who organizes, instigates or hires others to transport drugs, or the drug spring, professional drug dealer or recidivist, as well as armed cover, violent resistance to inspection, detention or arrest, participates in organized international drug crimes, transports drugs for many times as a profession, or has other serious circumstances, he shall be given a heavier punishment and sentenced to death in accordance with the Criminal Law, relevant judicial interpretations and actual drug quantity standards. 2. If there is evidence that the defendant really refers to making or being employed to transport drugs for others, and is a first-time offender or an occasional offender, he may be given a lighter punishment because of his relatively small social harm, subjective malignancy and great personal danger. Even if the number of drugs exceeds the actual number of death sentences, the death penalty can be executed immediately without being sentenced. 3. If the amount of drugs exceeds the actual death penalty standard, the defendant and his defenders argue that they were instructed by others to transport drugs, but the evidence of the case cannot prove that the defendant was instructed by others to transport drugs, and he can be sentenced to death according to law. Fourth, it is suspected of transporting drugs for the purpose of trafficking. Because there is not enough evidence to identify drug trafficking, it is identified as the crime of transporting drugs, which is different from the simple act of being instructed to transport drugs for others. Sentencing standards should be different from simple drug trafficking. Legal basis: Article 347 of the Criminal Law of People's Republic of China (PRC). Smuggling, trafficking, transporting and manufacturing drugs, regardless of the quantity, should be investigated for criminal responsibility and punished. 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.