Do you buy "dead vine water" online? Is it to make drugs?

Hemou, a medical staff of a unit, uses native plants as raw materials to make "dead vine water" containing anesthetic drugs and psychotropic drugs containing national controls and sells it. The public security organs are transferred to the crime of suspected drug trafficking. After reviewing it, the procuratorial organs believe that He Mou's criminal responsibility shall be investigated for sale and drug manufacturing, and probation should not be applied. In the end, the court adopted the allegations and sentencing suggestions from the procuratorial organs. On June 24, the Supreme People's Procuratorate released the 37th approach of guiding cases, including the "He Mou's sale and manufacturing drug case".

Pour "dead vine water" online and sell it

He knows that a certain type of bark contains the national control of psychotic drug components. In order to obtain illegal interests, from January 2018 to June 2019, you can buy certain types of bark through the Internet, and then boil into a certain method to make a water solution according to a specific method. "Dead vine water" was sold to Yuan Moumou, Fu Moumou, and Wang Mou three times, and illegally made 1,800 yuan.

On September 1, 2019, the public security organs were investigated by He Mou's suspected drug trafficking. The public security organs believe that the seized bark powder is detected in the martialine, and the bark powder and the "dead rattan water" are drugs. The crime of acting for drug trafficking should bear criminal liability for the seized bark powder and the total number of "dead vine water" sold.

On September 23, 2019, He was captured by the public security organs and seized a certain type of bark powder at his residence, with a net weight of 256.55 grams. After returning to the case, the defendant Hemou reported to reveal the crime of others and verified that it was true.

Mo the bark into powder and boil and refine

Does its behavior constitute the crime of making drugs?

In view of the new types of cases in this case, the public security organs should be invited by the public security organs, and the Qinhuai District Procuratorate of Nanjing City, Jiangsu Province intervened in the investigation in accordance with the law. The procuratorate believes that a certain type of tree belongs to the original ecological natural plant and is not included in national control. It is not a drug raw plant. In the case of loss and incomprehension, the "dead vine water" made by the suspect He Mou cannot directly determine the criminal suspect He Mou contains this component. The procuratorate suggested that the public security organs conduct investigation experiments and list the experimental requirements and precautions. The public security organs conducted investigation experiments in accordance with the production methods and processes of He Mou, obtained a sample of "dead vine water", and on -site extraction, sealing and forming an investigation experiment. Candidine ingredients.

On May 11, 2021, the public security organ was transferred to the crime of suspected drug trafficking. The procuratorate of Nanjing Qinhuai District reviewed that, in addition to the criminal facts of He Mou, who sold the prosecution of the public security organs, sold the "dead vine water" three times, He Mou's behavior of refining "dead vine water" from the bark was also suspected of making drugs. In the process of listening to the opinion of the defender, the defender proposed that whether Hemou grinds the bark into powder or the bark boil into "dead vine water", it only contains physical methods, and there is no chemical processing behavior. Therefore, there is no essential difference between the bark or the new state controlling anesthesia drugs and psychotropic drugs. The behavior does not constitute the crime of making drugs.

The procuratorial organs reviewed that: First, the behavior of creating drugs not only includes the behavior of processing and formulating drugs in chemical methods, but also the purpose of processing and formulating drugs with physical methods such as changing drug composition and utility. Hemou repeatedly boiled the bark powder through a specific method to refine the "dead vine water". The purpose is to dissolve the di metaramidamine from the bark powder and condense it to the liquid that is easily taken by the human body. Change the natural state and effectiveness of the original bark. The refining behavior transforms native plants into "drugs" and should be identified as a drug manufacturing behavior. At the same time, He Mou's "dead vine water" was sold to others to suck, and he should be held criminally responsible for selling and making drugs. Second, Hemou grinds the bark into powder to change the physical shape of the bark, without changing the proportion and effectiveness of its internal component, and does not belong to the "manufacturing drug" behavior in the sense of criminal law. The "raw materials" of drugs should not be included in the number of drugs.

After the procuratorial organs inform the law of litigation in accordance with the law, He Mou voluntarily pleaded guilty. The procuratorial organs have proposed a sentence of one year and nine months of prison in prison and a fine of 3,000 yuan. Under the testimony of the defender, He Mou signed a confession and punishment for the conclusion, and recognized the facts, charges of the procuratorial organs, and the sentencing suggestions proposed.

On July 1, 2021, the procuratorate of the Qinhuai District of Nanjing City filed a public prosecution in accordance with the law of the defendant He Mou's crime.

Procuratorate Quality Control He Mou's criminal facts

It can be alleviated according to law, but it is not suitable for probation

On July 21, 2021, the Qinhuai District Court of Nanjing opened the trial of this case in accordance with the law. During the trial, the defendant He Mou had no objections to the facts, evidence and sentencing proposals accused by the procuratorial organs. In court, he confessed and punished him again, hoping to deal with it. The defenders did not obeys the facts and qualitatively, and proposed that the number of drugs sold and manufactured by the defendant He Mou was not large, there were performance performance, and the social harm was not great. It was recommended to announce probation.

The prosecutor's defense pointed out that the defendant He had sold the "dead vine water" containing the psychotropic composition containing the state -controlled psychiatric drugs many times, and the "dead vine water" sold was a certain type of bark that he purchased unavailable native plants as raw materials. It is made to refine the national control psychotropic drug components, and it shall be held criminally responsible for sale and drug manufacturing. He Mou not only created drugs "dead vine water" for self -priming, but also sold profits to others many times. Combined with the nature of the crime and related quantitative criminal festival, punishment can be reduced according to law, but probation should not be applied. On July 29, 2021, the Qinhuai District Court of Nanjing made a first trial judgment to adopt the allegations and sentencing suggestions of the procuratorial organs. The defendant He Mou was sentenced to one year and nine months in prison for sale and drug manufacturing, and fined 3,000 yuan; The "dead vine water" and bark powder detained in accordance with the law were confiscated in the case, and the illegal income was 1,800 yuan. After the sentence, He did not appeal and the verdict had come into effect.

How to accurately distinguish the use of native plants

Drugs and unavailable native plants

(1) Accurately distinguish drugs and unavailable native plants made of native plants. According to Article 19 of the Anti -Drug Law, illegal planting poppies, coca -coca plants, marijuana plants, and other primary plants that can be used to refine the drugs regulated by the state are prohibited. Native plants that are not controlled by the state but containing the state -controlled anesthesia drugs and psychotropic drugs are used as raw materials. Through specific methods, the anesthesia drugs and psychotic drugs controlled by the state in the plants are made into related substances. Drug characteristics of habit should be identified as drugs. For plants that have not been controlled by the state, and plants that simply change external forms through grinding, although it contains national controlled anesthetic drugs and psychotropic components, it is not determined to be drugs.

(2) It is determined that the nature of the anesthesia drugs and psychotropic drugs has never been regulated in accordance with the law. According to the "Supreme People's Procuratorate and the Ministry of Public Security's Provisions on Criminal Cases Policy (3)" by the Ministry of Public Security, the manufacture of drugs refers to the illegal use of the original drugs of drugs to refine or use chemical methods to process, formulate drugs, or change to change to change For the purpose of drug components and effectiveness, use physical methods such as mixed to process and formulate drugs. The actor knows that a certain type of plant system is not controlled by the state, but contains anesthesia and psychotropic components controlled by the state. The form, which makes it have drug effectiveness, should be identified as a drug -making behavior. If the actor has never controlled the use of drugs and sold it, it shall be identified as the crime of selling and making drugs.

(3) For new types of drug criminal cases, effective reconnaissance methods should be used. Procuratorate shall guide the investigating authorities to adopt various investigations to comprehensively collect and fixed new drug criminal cases on subjective knowledge and manufacturing and trafficking. In the case of doubt about the manufacturing methods, according to the specific situation of the case, guide the investigating agencies to conduct investigation experiments, indicate the experimental requirements and precautions, and timely fix the evidence in accordance with the law to find out the facts of the case.

(Source: Justice Network Writing: Liu Qian)

- END -