In the past 5 years, the man has given his girlfriend "medicine" many times!What sin should be?
Author:Daily Economic News Time:2022.06.25
On June 24, the top prosecution released the 37th batch of guiding cases with the theme of combating new drug crimes. Including Guo Moumou deceived others' drug use cases.
According to CCTV News, Huang Weiping, a senior prosecutor of the Second Procuratorate of the Supreme Prosecutor's Second Procuratorate, said that he was severely punished for abuse of anesthesia and psychotropic drug crimes.
For evidence to prove that the perpetrators are criminals such as rape and robbery, they shall give people medicines, and they shall be dealt with in accordance with severe crimes such as rape and robbery.
In particular, it is necessary to fully consider the time and space of criminal acts. For the purpose of putting anesthesia, psychotropic drugs for the purpose of sexual relationships, and in line with severe criminal composition such as rape crimes, prosecution should be used as crimes such as rape. The crime of drug use of others is dealt with.
In 5 years, the man gave his girlfriend a "medicine" many times
The case reported by the Supreme Procuratorate showed that the post -90s man Guo Moumou was deputy manager of the engineering and technical department of a company. In 2015, Guo Moumou thought of the idea of "medicine" under his girlfriend Zhang Moujia in order to seek stimuli.
Since then, Guo Moumou has repeatedly purchased triazolun and γ-hydroxyl acid after understanding the drug attributes through the Internet. From 2015 to 2020, Guo Moumou repeatedly put the "drugs" he purchased in Zhang Moujia's drinking drinks while Zhang Moujia didn't know it, causing dizziness, nausea, vomiting, and lethargic symptoms. Among them, in January 2017, Guo Moumou secretly put the triazolun tablets into Zhang Moujia for drinking, causing his coma for two days.
On October 5, 2020, Guo Moumou invited Zhang Mouyi and his colleague Wang Moumou (both women) to eat in a hot pot restaurant. Guo Moumou poured a potion containing γ-hydroxyl acid components into the two beer glass while the two left their seats.
Zhang Mouyi drank the beer, and Wang Moumou noticed that the taste did not spit out the beer. Soon, Zhang Mouyi had symptoms such as dizziness, vomiting, and coma, and was sent to the hospital for treatment. Zhang Mouyi's colleagues suspected Guo Moumou to apply medicine and reported the case to the public security organs.
The argument that you are "fighting with wine"
Because the case involves a new type of drug crime, the People's Procuratorate of Putuo District, Zhoushan City, Zhejiang Province shall invite the public security organs to participate in the case. According to the facts and evidence of Guo Moumou's "medicine" Endoglymation, focusing on the electronic data and documentary evidence involved in the case.
At the same time, the procuratorial organs found that Guo Moumou was a state -owned enterprise staff who proposed evidence of collecting and fixed his post responsibilities to the public security organs. On January 7, 2021, the public security organs were investigated with Guo Moumou's suspected deception of drug use.
On March 2, 2021, the Putuo District Branch of the Zhoushan Public Security Bureau was transferred to the crime of suspected deceiving others for drug use. During the censorship, Guo Moumou argued that Zhang Moujia did not use triazolun tablets, and the "drug" used by Zhang Mouyi and Wang Moumou was a "wine fight" purchased at strangers in other bar bars. Medicinal ingredients may be high alcohol.
The people's procuratorate in Putuo District, Zhoushan City to verify the sources of drugs to supplement the investigation by itself. From Guo Moumou's online records of massive electronic data, the name, efficacy, use method, payment method, receiving address, etc. Eventually, the source of γ-hydroxyl acid used in the hot pot restaurant was found, and objective evidence chains were formed.
The crime of deceiving others for drug use was sentenced to 3 and a half years in prison
The People's Procuratorate of Putuo District, Zhoushan City, believed that Guo's behavior constituted the crime of deceiving others to drug use. As a staff member of the state -owned enterprise, Guo Moumou deceives multiple people to take drugs. According to relevant judicial interpretation, it should be identified as "serious plot".
On April 28, 2021, the People's Procuratorate of Putuo District, Zhoushan City filed a public prosecution in accordance with the law of drugs to deceive others for drug abuse. Suggest.
During the trial, Guo Moumou said that the ingredients of the drugs were unknown, and the drug was not a drug. The prosecutor pointed out that Guo Moumou was aware of the nature of "drugs" and the drug characteristics of the drug. From the chat records of Guo Moumou with the network sellers, browsing the relevant drug information of Guo Moumou, and the transaction such as the online mailing and pseudonym receipt of the goods, it is enough to presume that the nature of such drugs belongs to drugs.
On August 26, 2021, the Putuo District People's Court of Zhoushan City made a first trial judgment to adopt the allegations and sentencing suggestions of the People's Procuratorate of Putuo District, Zhoushan City to deceive others for drug use for three years and six months in prison and fined fines. RMB 3,000. Guo Moumou refused to accept the judgment of the first instance and appealed. On November 16 of the same year, the Zhoushan Intermediate People's Court made a second trial ruling to dismiss the appeal and maintain the original sentence.
According to occupations, whether there is a history of drug trafficking, etc.
Determine whether "knowing" the case involved in the case as a drug
Regarding the guiding significance of the case, the highest prosecution introduced that at present, some criminals have increased illegal cases of new types of drugs to others, and their social harm is great. For drinks and foods that the actor knows the state -controlled anesthesia drugs and psychiatric drugs, and to deceive others to suck them, they should be criminally responsible for deceiving others for drug use. For evidence to prove that the actor deceives others to take anesthetic and psychiatric drugs for the implementation of crimes such as rape and robbery, he shall be held criminally responsible for the crime of severe punishment. The highest prosecution pointed out that the medicinal effects of anesthesia drugs, the sedation of psychiatric drugs, and sleeping often have become an excuse for actors to defend their drug attributes. For evidence to prove that the perpetrators know the anesthesia drugs and psychiatric drugs controlled by the state, if they still use their drug attributes and uses, they shall determine the relevant items as drugs according to law; whether the actor knows whether the drug involved in the case is subjectively, it should be based on its age. , Occupation, life experience, whether there is a history of drug trafficking, and evidence of the delivery of items, and the method of using items, and use the comprehensive analysis and judgment of the rules and logical rules of the experience.
Edit | Cheng Peng Du Hengfeng
School Division | Wang Yuelong
Cover picture source: Visual China
This article is transferred from Red Star News, some comprehensive CCTV News
Daily Economic News
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