The Supreme People's Court released a typical case of criminal crimes of the top ten drugs in 2022
Author:Hulunbuir Intermediate People Time:2022.06.26
Editor's note:
On the occasion of the 35th "6 · 26" international anti -drug day, in order to further deter criminals and enhance the awareness of drug knowledge, anti -drug, and drug rejection, the relevant departments of the Supreme People's Court collected and sorted out the 10s that have been concluded by the courts of various local courts since 2021. Typical cases of drugs and drug -related crimes. The main features of this release case: First, the type of crime type is representative. Drug crimes not only cover source crimes such as smuggling, manufacturing, community drug trafficking and illegal production, and buying and selling drug -making items. The molecules "self -laundering" and severe violence caused by drug use. The second is the "three generations coexist" involved in the case. In addition to traditional drugs and synthetic drug methamphetamine, the proportion of new drug crimes is added, especially for new tube substances such as marijuana, ketones, and Taylorona abuse drugs. Third, the typical means of plots are diverse. Involved in the plot of violent resistance to the severe inspection of the plot, temptation, instigating minors to take drugs, obtaining clues through bribery, and "Internet+logistics delivery" non -contact criminal means, and many defendants have guilty of criminals, drug re -of -laws, etc. Punishment plot. These cases reflect the current characteristics of drug crimes in my country from different perspectives, explain the legal standards of the law of drug crime cases, and show the consistent policy position of people's courts to severely punish drug crimes in accordance with the law.
Table of contents
1. Liang Yujing and Li Guo made drugs for making drugs -gathering multi -person manufacturing drugs, the number is particularly huge, and the crimes are extremely serious.
2. Feng Zhiguo's transportation of drugs -violence resistance to inspection, severely injured law enforcement personnel with a knife, and a beyond criminal, the crime is extremely serious
3. Qiu Shanxi sells and transport drugs -obtaining clues and reporting through illegal means and reporting, does not constitute a merit, and is a drug re -of -crime. The crimes are extremely serious.
4. Zheng Baotao and other cases of making drugs, illegal production, and buying and selling drug -making items -knowing that others make methalisone and provide them with drug -making raw materials; illegal production and buying and selling drugs
5. Wan Hao can wait for drug trafficking and money laundering -selling electronic smoke oil containing synthetic marijuana ingredients and "self -laundering", counting in accordance with the law and punishment
6. Gu Liang seduced, instigated others to take drugs, and tolerate others to take drugs -seduce, teach, and accommodate minors drug use, and is a dedication, severely punish it according to law
7. Liang Yuli smuggled and trafficking drugs -multiple smuggling marijuana entered the country and sold to multiple drug users. The plot was serious
8. Zhou Hongwei sells and transport drugs -using "Internet + Logistics Delivery" means to sell hemp essences to drug addicts many times, and the plot is serious
9. He Qian's drug trafficking case -selling ketones to drug users, and it is a dementia, severely punished in accordance with the law
10. Zheng Bo's intentional homicide case -killing parents after drug use, the crime is extremely serious
Case 1
Liang Yujing and Li Guadu made drugs for drugs
——In gathered multi -person manufacturing drugs, the number is particularly huge, and the crimes are extremely serious
1. Basic case circumstances
The defendant Liang Yujing, male, Zhuang, born on August 2, 1976, was unemployed. On January 8, 2010, he was sentenced to three years in prison for intentional injury and five years in probation.
The defendant Li Guodu, male, Zhuang, born on July 10, 1983, farmers.
At the end of 2016, the defendants Liang Yujing and Li Guo both agreed to jointly create methyl phenylphenylene (methamphetamine). Later, Li Guodu and Zheng Lichun (the defendant in the same case, have been sentenced) to lease the venue, and together with Zheng Lichun and Chen Yuanwu (the defendant of the same case, have been sentenced) to complete the preliminary preparations for drug making; The defendant in the same case has been sentenced to prison) to repair the drug -making tool reactor. From the end of April to the beginning of May 2017, Liang Yujing arranged for Li Guo to collect some drug -making capital, of which Li Guo invested 700,000 yuan. It has been sentenced to 150,000 yuan. Zero Junliang, in the early morning (all the defendants in the same case, sentenced) and others, under the instructions of Liang Yujing and Li Guo, went to Dongguan City, Guangdong Province to hand over the poisonous capital to Liang Yujing, and transport the poison -making accessories to Nanning City, Guangxi Zhuang Autonomous Region. From Meizhou City, Guangdong Province, it was transported to Nanning, and Chen Yuanwu was transported to the venue of poison. On May 28 of the same year, Liang Yujing arranged for Nong Duo to think and Huang Binggui (all the defendants in the same case, have been sentenced) to the poisoning venue in Gusi Village, Nahong Street, Nanning City. Coach methamphetamine. On the 31st of the same month, the public security personnel captured Li Guodu and others at the poison -making venue. On the spot, 419.2 kg of methamphetamine was seized on the spot, 143.92 kg of solid liquid mixture containing methamphetamine components containing methamphetamine, and 148.42 kg of chloropine, and reactors.
Second, the referee results
The case was first instance of the Nanning Intermediate People's Court of Guangxi Zhuang Autonomous Region, and the second instance of the High People's Court of Guangxi Zhuang Autonomous Region. The Supreme People's Court reviewed the death penalty.
The court believes that the defendants Liang Yujing and Li Guadu made methamphetamine with others, and their actions have constituted the crime of making drugs. Liang Yujing and Li Guo have conspired to make drugs together. Liang Yujing gathers multiple people to participate, manages poisonous capital, purchases drug -making raw materials, contributed a large amount of capital, leased to poison venues, and directly participated in manufacturing. , The main criminal, the crime is prominent. Liang Yujing and Li Guadu made methamphetamine. The number is particularly huge, the social harm is great, and the crimes are extremely serious. Based on this, the defendants Liang Yujing and Li Guo both sentenced and approved the death penalty to deprive the political rights for life and confiscated all personal property. The criminals Liang Yujing and Li Guo were executed in accordance with the law on June 15, 2022.
Third, typical meaning
Drug manufacturing is a crime of source drugs, and it has always been the focus of anti -drug struggle in my country. In recent years, the large -scale drug -making activities in Guangdong and other places have gradually been curbed under the continued strict crackdown and effective governance. There are sometimes occurring, and criminal means are presented in segmentation and hidden. This case is a major family -style drug -making crime that occurs in Guangxi. The number of participants is large and the scale of poisoning is large. Most of the people involved have relatives. In the command of Liang Yujing and Li Guo, the same case shall implement drug -making crimes, purchase drug -making raw materials from Guangdong, and transport across provinces to rural areas in Guangxi for manufacturing. At the time of the incident, the pilate phenylphamine crystal was seized 419.2 kg, the solid liquid mixture containing methamphetamine components of methyl was 143.92 kg, and the chloropathic item was 148.42 kg, and the number of drugs was particularly huge. Liang Yujing and Li Guo are the most prominent primary criminals among the poison -making gangs, and the crimes are extremely serious. The people's court applied to the death penalty to the two in accordance with the law, which reflected the serious stance of highlighting the key points of cracking down on and punishing source drug crimes.
Case 2
Feng Zhiguo's transportation drug case
——Re violent resistance to inspection, severely injured the law enforcement personnel with a knife, and it was a dementia. The crimes were extremely serious.
1. Basic case circumstances
The defendant Feng Zhiguo, male, Han nationality, born on May 6, 1987, farmers. On December 26, 2012, he was sentenced to five years in prison for a trafficking woman and a fine of RMB 3,000. It was released on March 9, 2017.
In April and May 2017, the defendants Feng Zhiguo and the villagers of the villagers Li Fusheng and Zhou Ming (all dealt with another case) successively came to Nanyou Town, Zhenkang County, Yunnan Province to seek drug crimes. On June 1 of the same year, the three took a drug driving motorcycle from Nanyou Town, Zhenkang County to Baoshan City, Yunnan Province. Discard drugs on the side of the road. After inspection, law enforcement officers found that the three were suspicious, and they searched along the direction of the three, and seized 1,777 grams of heroin at about 30 meters away. When Feng Zhiguo saw the crime, he fled after he held a knife and stabbed the piercing. On January 10, 2018, Feng Zhiguo was arrested in Guiyang City, Guizhou Province.
Second, the referee results
This case is first instance of the Lincang Intermediate People's Court of Yunnan Province, and the second instance of the High People's Court of Yunnan Province. The Supreme People's Court reviewed the death penalty.
The court believes that the defendant Feng Zhiguo knew that it was drugs and transported to others, and his behavior had constituted the crime of transporting drugs. Feng Zhiguo shall implement drug crimes from Guizhou Province to the border areas of Yunnan Province. It cooperates with the defendant Li Fusheng and Zhou Ming's division of labor to jointly transport drugs. Feng Zhiguo transported a large number of heroin, and violently resisted the inspection. The circumstances were serious, the social harm was great, and the crimes were extremely serious. Feng Zhiguo was sentenced to imprisonment for the crime of trafficking for a trafficking woman. The crime was implemented within five years after the punishment was implemented. Based on this, the defendant Feng Zhiguo was sentenced and approved the death penalty to the defendant, deprived of political rights for life, and confiscated all personal property.
The criminal Feng Zhiguo was executed in accordance with the law on September 9, 2021.
Third, typical meaning
In recent years, some drug criminals have taken risks to evade legal sanctions and use violence to resist inspections and arrests, increasing the risk of investigating drug crimes for law enforcement officers, and pose a threat to the security of social security and the lives of the people. According to the provisions of Article 347 of the Criminal Law, smuggle, trafficking, transported, and manufacture drugs, and have violent resistance inspections, detention, arrests, and serious circumstances. death penalty. Article 3 of the "Supreme People's Court on Several Issues of the Application of Drug Crime Cases on Drug Crime Cases" stipulates that violent resistance to inspection, detention, arrest, and serious circumstances refers to the death of law enforcement personnel, serious injuries, and multi -person minor injuries, etc. situation. In this case, the defendant Feng Zhiguo was noticed by the law enforcement officer in the crime, and caused a serious injury to the escape of the stabbing law enforcement officer for escaping, which was a serious case of violent resistance to check the circumstances. Feng Zhiguo was sentenced to a trafficking woman. After the release of his sentence, he implemented the crime of this case again in the short term, which was a dedicated criminal. Feng Zhiguo's acts of law enforcement authority and his previous circumstances all reflect their deeper subjective malignant and greater personal risks. They should be punished within the statutory quantity torture according to law. The people's court severely punished and applied for death in accordance with the law to warn the drug criminals who were trying to evade the law with violence. Case 3
Qiu Shanxi trafficking and transportation of drugs
——In illegal means to obtain clues and reports of other people's crimes, do not constitute a merit, and are re -offended by drugs. The crimes are extremely serious.
1. Basic case circumstances
The defendant Qiu Shanxi once used Qiu Sanxi, male, Han nationality, born on May 5, 1976, farmers. On January 12, 2004, he was sentenced to seven years in prison for smuggling drugs and fined 50,000 yuan.
In June and July 2013, the defendant Qiu Shan wanted to purchase drugs from a drug dealer (unknown) in Guangzhou City, Guangdong Province, and informed Yuan Haiyin (the defendant in the same case) to let Yuan Yuan and let Yuan Haiyin prepares 300,000 yuan in cash. Yuan Haiyin agreed and proposed to buy a drug from it. On July 13 of the same year, Qiu Shanxi carried 300,000 yuan of drugs provided by Yuan Haiyin to Guangzhou to trade drugs in Guangzhou. Later Qiu Shanxi hid the drugs purchased in the Toyota car's rear seats that he was driving. He returned to Linquan County, Anhui Province. He was captured by public security personnel on the way and seized 3 481.4 grams of heroin on the spot. After Qiu Shanxi was arrested, his relatives obtained the clue of Fan Moumou's crime of drug trafficking through the bribery method, which was reported to him.
Second, the referee results
In the first instance of the Fuyang Intermediate People's Court in Anhui Province, in accordance with the merit materials issued by the public security organs, the defendant Qiu Shanxi was mistakenly reported to reveal that the crime was true and had a significant performance. The second instance of the Anhui Provincial Higher People's Court maintained the original judgment. After the referee had legal effect, the Anhui Provincial High People's Court found that the original trial referee determined that the facts and the applicable laws were indeed wrong. The Supreme People's Court reviewed the death penalty.
The court believes that the defendant Qiu Shanxi knows that Harloin is sold and transported with others, and his behavior has constituted the crime of selling and transporting drugs. In the joint crime, Qiu Shanxi mentioned the criminal intention, gathered others to participate in the capital contribution, and completed the main role of purchasing and transporting drugs by himself. Qiu Shanxi sells and transports drugs, has a large number of drugs, has a large social harm, and is extremely serious. He has been sentenced to punishment for smuggling drugs. Qiu Shanxi's clue to Fan Moumou's drug trafficking was obtained through the illegal means of bribery, and the provisions of Article 4 It cannot be identified as a performance of hard work. Based on this, the defendant Qiu Shanxi changed his sentence and approved the death penalty according to law, deprived of political rights for life, and confiscated all personal property.
Criminal Qiu Shanxi was executed in accordance with the law on June 15, 2022.
Third, typical meaning
The establishment of a system of criminal law is the main purpose of the criminal law. The main purpose is to make a commitment and fulfilling the lenient punishment from the criminals in exchange for its actively exposing the crimes of others, so that the judicial organs can discover, investigate and deal with crimes in time, and save judicial resources. At the same time, reporting and revealing that the crime of others also reflects to a certain extent that the wishes of criminals abandon evil and be good, which is conducive to promoting their regrets. However, the source of the composition of the criminals requires the source of the criminals to report clues, otherwise it will deviate from the original intention and value orientation of the creation of the establishment of the merit system, and violate relevant laws and regulations, and destroy the public order and good customs. Article 4 of the "Opinions of the Power" stipulates that criminals can obtain criminal clues and "reported and unveiled" by illegal means such as bribery, violence, and coercion. In this case, the defendant Qiu Shanxi carried a large amount of drugs to the upper family and transported across the governor. The crimes were extremely serious, and the drug was re -committed. Qiu Shanxi reported to reveal Fan Moumou's clue to drug trafficking after he arrived. According to this, the public security organs detected a case of drug trafficking in Fan Moumou. Fan Moumou was sentenced to a life imprisonment or above. After reviewing, the above -mentioned report clues were Qiu Shanxi's relatives who obtained the illegal means of buying bribes and submitted it to Qiu Shanxi for reporting. According to the provisions of the "Opinion of the Foreign Gong", even if the test clue was verified Essence The people's court launched the retrial in accordance with the law and sentenced Qiu Shan to the death penalty, which demonstrated the determination of the attitude and truthfulness of the serious drug crime and the determination to be corrected. Case 4
Zheng Baotao and other cases of making drugs, illegal production, and buying and selling drug -making items
——Donite knowing others to make metharone and provide them with drug -making materials; illegal production, buying and selling toxic items, the plot is particularly serious
1. Basic case circumstances
The defendant Zheng Baotao was once named Zheng Junjie, male, Han nationality, born on November 11, 1987, farmers.
The defendant Jiao Xubo, male, Han nationality, born on February 5, 1975, an individual operator.
The defendant Li Xiaolong, once used as Li Long, male, Han nationality, was born on January 2, 1994, and was unemployed.
The defendant Jin Xue, male, Han nationality, born on February 27, 1992, farmers.
The defendant Fang Xiaoshuai, male, Han nationality, born on April 6, 1983, was unemployed.
The defendant Zheng Ying, male, Han nationality, born on March 18, 1979, farmers.
The defendant Zheng Baotao knew that Zhang Xinming and Song Shubin (all dealt with separately), etc., purchased bromine phenyl acetone, phenylzone, etc. used to make drugs. From March to October 2019, in Binzhou City, Gaqing County, and Huantai County, Shandong Province In other places, many times to introduce to Zhang Xinming and others to introduce or trafficking to drug -making raw materials such as bromoneine, phenylcetone, etc., and introduced Li Yong (separate cases) to join Zhang Xinming and other drug -making gangs. Zhang Xinming and others used to produce at least 28.23 kg of poisonous raw materials purchased from Zheng Baotao.
From August to November 2019, the defendant Zheng Baotao, Jin Xue, and Zheng Ying illegally produced bromine phenylithiozone and phenogenone in Huantai County, and sold the produced bromone phenylcetone to Chen Yunfei and Wang Chengyi (all other cases. deal with). From October 2019 to April 2020, the defendants Jiao Xubo, Li Xiaolong, Zheng Baotao, and Jin Xue illegally produced bromine phenylzone and phenazone in Weifang City, Shandong Province, and repeatedly gangs to the defendant Fang Xiaoshuai, Chen Yunfei, Wang Chengyi Wei Bingbing (handled by another case) illegal trafficking. Among them, Jiao Xubo illegally produced a total of 1 428 kg of bromone pyraonone, 3 700 kg of phenylzone, Li Xiaolong illegally produced 1 428 kg of bromone phenylcetone, 2 100 kg of phenazine, Zheng Baotao's total illegal production, buying and selling bromone phenazone 127.6 kg 127.6 kg , Golden Studies have illegal production, buying and selling 44.2 kg of bromone pyrazharine, 21 kg of phenazine, Zheng Ying total illegal production, buying and selling bromone phenylzone 17 kg, benzenetone 21 kg, Fang Xiaoshuai illegal buying and selling bromone phenylzone 24.3 kilogram.
Second, the referee results
This case is the first instance of the People's Court of Huantai County, Shandong Province, and the second trial of the Intermediate People's Court of Zibo City, Shandong Province.
The court believes that the defendant Zheng Baotao knows that others make drugs and provide raw materials for the manufacture of drugs. The behavior has constituted the crime of making drugs; In severe, the defendant Zheng Ying illegally produced, traded for raw materials for making drugs. The circumstances were serious, and his behavior had constituted the crime of illegal production and sale of drug -making items. , Its behavior has constituted the crime of illegal trading to drug -making items. The crime of Zheng Baotao's crimes should be punished according to law. In the joint crime of illegal production and buying and selling drug -making items, Zheng Baotao played the main role, which is the main criminal; Jin Xue and Zheng Ying took the secondary role. Zheng Baotao, Jiao Xubo, Li Xiaolong, and Fang Xiaoshuai bought and sold some of the facts of the crime attempts, and were impressed by the comparison. After arriving at the case, Zheng Baotao assisted Fang Xiaoshuai and constituted his merits; Jiao Xubo, Li Xiaolong, Zheng Ying, and Jin learned the main criminal facts after the case, and they could be punished lightly according to law. Jiao Xubo, Li Xiaolong, Jin Xue, Zheng Ying, and Fang Xiaoshuai voluntarily pleaded guilty, and could be treated from the law according to law. Based on this, the defendant Zheng Baotao was sentenced to 15 years in prison for the crime of making drugs, and the personal property was confiscated by RMB 200,000. 10,000 yuan, decided to execute 19 years in prison, confiscated the personal property of RMB 200,000 and a fine of RMB 100,000; Six months, nine years, five years, three years, and a year nine months, and the amount of fines is ranging. The Zibo Intermediate People's Court issued a second trial criminal ruling on August 3, 2021, and it has developed legal effects.
Third, typical meaning
In recent years, the crime of making new types of drugs such as methalisone such as poison -making items as raw materials has been on the rise. Increasing the crackdown on drug -making crimes is an important means to curb the manufacturing new drug crimes from the source. This case is a typical case of illegal manufacturing, buying and selling drug -making items, and at the same time constitutes a typical case of making drugs. Cthyridonone and phenylcetone are strictly controlled by the country. The defendant Zheng Baotao and other poison -making items such as illegal production, buying and selling and buying and selling athopenrazone, phenyatrazone, etc. The provisions of Article 8, paragraph 2 of the application of several legal issues, are particularly serious in the circumstances. The people's court sentenced him to more than seven years in prison in accordance with the law. At the same time, the increasing characteristics of the current manufacturing drug crime show the characteristics of gangs, fine division of labor, and segmented segments. It is necessary to give full chain and all -round blows. Knowing that others make drugs and provide them with drug -making materials, they should be severely punished according to law. The people's court made a penalty for Zheng Baotao for the crime of making drugs and illegal production, buying and selling drug -making items, and decided to execute 19 years in prison and punish high property. Always standing. At the same time, the people's courts were lighter in the case in this case, or the defendants who had a lenient punishment plot such as criminals, meritoriousness, and frankness, and comprehensively implemented the criminal policy of lenient and strictness in accordance with the law and reduced punishment.
Case 5
Wan Hao can wait for drug trafficking and money laundering cases
——Sold electronic oil with synthetic marijuana ingredients and
"Self -laundering", counting and punishment according to law
1. Basic case circumstances
The defendant Wan Haoneng, male, Han nationality, born on January 2, 1998, is unemployed.
The defendant Huang Yun, male, Han nationality, born on October 4, 2000, is unemployed.
The defendant Liu Zhiyong, male, Han nationality, born on August 14, 2001, was unemployed.
From July 1st to August 21st, 2021, the defendant Wan Hao was able to sell electronic cigarette oil that contains synthetic marijuana ingredients, in order to obtain illegal benefits, to obtain illegal benefits. Six times have been sold to multiple people by hiring others to deliver or send express delivery, with a total of 4,900 yuan. The defendant Huang Yun twice helped Wan Hao to sell electronic vocal oil with a total of 600 yuan containing components of synthetic marijuana. The defendant Liu Zhiyong helped Wan Hao to sell electronic cigarette oil with 300 yuan containing synthetic marijuana ingredients. In order to conceal and conceal the source and nature of the above -mentioned criminal income, Wan Hao can buy other people's WeChat accounts and use the identity certification of others. After receiving the poisonous capital, transfer to his own WeChat account, and then extract the criminal income to the bank card for consumption. On August 23 of the same year, the public security personnel arrested it at Wan Hao's residence and seized 15 bottles of electronic smoke oil on the spot, with a total net weight of 111.67 grams. The next day, the public security personnel seized 94 bottles of electronic e -oil in the warehouse leased by Wan Hao Neng, with a total net weight of 838.36 grams. After identification, ADB-BUTINACA and MDMB-4en-PINACA synthesis can be detected in the above-mentioned nicotins. After Wan Haoneng and Huang Yun arrived, they assisted the public security organs to arrest Wu Moumou (handled by another case) and Liu Zhiyong.
Second, the referee results
This case is the first instance of the People's Court of the West Lake District of Nanchang City, Jiangxi Province, and the second trial of the Nanchang Intermediate People's Court.
The court believes that the defendants Wan Haoneng, Huang Yun, and Liu Zhiyong sold electronic oil with synthetic marijuana ingredients to others, and their actions have constituted the crime of drug trafficking. In order to cover up and conceal the source and nature of the drug crime, Wan Hao adopts the payment settlement method of the payment settlement method to the payment settlement method of buying the WeChat account of others, and his behavior constitutes a crime of money laundering. Crime against Wan Hao's crimes should be punished according to law. Wan Hao can sell electronic oil with synthetic marijuana ingredients. After the case, Wan Haoneng, Huang Yun, and Liu Zhiyong confessed their crimes after the case. Wan Haoneng and Huang Yun assisted in the arrest of other criminal suspects. With merits, Huang Yun and Liu Zhiyong volunteered to confess their punishments and can be punished lightly according to law. Based on this, the defendant Wan Hao was sentenced to 15 years in prison for drug trafficking, and he confiscated the personal property of RMB 60,000. The execution was fifteen years in prison and confiscated the personal property of RMB 60,000 and a fine of RMB 50,000; the defendants Huang Yun and Liu Zhiyong were sentenced to eight months in prison and fined 10,000 yuan. The Nanchang Intermediate People's Court issued a second trial criminal ruling on June 2, 2022, and has developed legal effects.
Third, typical meaning
Synthetic marijuana substances are artificially synthetic chemicals, which can produce stronger excitement and illusion effects than natural marijuana. After the synthetic marijuana is synthetic, dizziness, vomiting, and mental reaction will occur. Excessive absorption will cause shock, suffocation, and even sudden death. Social harm will be great. Starting from July 1, 2021, synthetic marijuana substances have been included in the "Non -Pharmaceutical Anesthesia Drugs and Psychotropic Drug Control Catalogs" for the entire category to achieve a severe crackdown on such new drug crimes. Synthetic marijuana substances are often added to the surface of electronic oil or sprayed on the surface of the medium of cigarettes, and are sold in entertainment venues in the name of "electronic cigarettes". Strong confusion, not easy to be discovered and investigated, severely damaged the order of drug control, and endangered citizens' health. Wan Hao, the defendant in this case, sold electronic smoke oil containing synthetic marijuana ingredients six times. When he was arrested, he seized a large number of electronic oils used for selling from his residence and other places. According to the number of drug trafficking, the plot, and the degree of harm to the society, the people's courts have strictly applied their punishments in accordance with the law. At the same time, they warned the public to consciously resist the temptation of new drugs and not try to test drugs.
Drug crimes are one of the upstream crimes for money laundering crimes. While the money laundering activities, while cleaning drugs for drug crimes, it also provides financial support for expanding the scale of drug crimes, which has promoted the spread of drug crimes. The "Criminal Law Amendment of the People's Republic of China (11)" stipulates the "self -laundering" behavior as a crime, which has increased the punishment of the upstream criminal criminal who benefited from the crime of money laundering. In this case, the defendant Wan Hao can transfer the toxicity of his own drug trafficking through the payment settlement method such as WeChat accounts acquired, cover up and conceal the source and nature of the drug trafficking illegal income, and try to "wash" and the source of hidden drugs. The people's courts punished them on the crime of drug trafficking and money laundering, and punished upstream and downstream crimes simultaneously, cut off the capital chain of drug crimes, and destroyed the economic foundation of drug criminals.
Case 6
Gu Liang seduced, instigated others to take drugs, to accommodate other people's drug use cases
——The seductive, instigating, tolerance of minors drug use, and
Disdling, severely punish in accordance with the law
1. Basic case circumstances
The defendant Gu Liang, male, Han nationality, born on April 16, 1996, is unemployed. On December 20, 2016, he was sentenced to four years in prison for seduction and instigating others for drug use, and fined 5,000 yuan. He was released on February 28, 2019.
In October 2020, the defendants Gu Liang and Yan Moumou and Li Moumou (both were minors) lived in Yan Moumou, a mother's home in Yanmou, Luo Long Town, Nanxi District, Yibin City, Sichuan Province. Gu Liangming knew that Yan Moumou and Li There is no history of drug use, making drug use tools in front of the two, asking whether the two are willing to try drugs, demonstrate the use of drug use methods, tell the experience of drug abuse, seduce and teach the two to suck drugs, and then have Yan Mou and Li Moumou. Together with the methamphetamine (methamphetamine) it provided. In November of the same year, Gu Liang repeatedly rented the contents of the room rented in Nanshan No. 1 Phase II in Nanshan District, Yibin City.
Second, the referee results
This case is first instance of the People's Court of Nanxi District, Yibin City, Sichuan Province, and the second trial of Yibin Intermediate People's Court.
The court believes that the defendant Gu Liang seduced and instigated others to take drugs by advocating the feeling of taking drugs to others. His behavior has constituted the crime of temptation and abencing others. Gu Liang has provided places to accommodate drug addicts and minors Yan Moumou and Li Moumou to take drugs. His behavior has constituted the crime of accommodating drugs for others. The crimes committed by Gu Liang should be punished according to law. Gu Liang seduced and instigated minors to take drugs, and he was sentenced to imprisonment for the crime of seduction and instability of others for drug use. The crime of this case within five years after the release was released. Gu Liang can truthfully punish his main criminal facts after arriving in the case. Based on this, the defendant Gu Liang was sentenced to two years and six months in prison to seduce and instigate other people's drug abuse in accordance with the law, and fined 3,000 yuan; in order to accommodate other people's drug abuse, he sentenced to one year in prison and a fine of RMB. Three thousand yuan, decided to execute three years and four months in prison, and fined 6,000 yuan. The Yibin Intermediate People's Court issued a second trial criminal ruling on September 18, 2021, and has developed legal effects.
Third, typical meaning
Drugs have strong addiction. Once it is contaminated, it is easy to cause dual dependencies in the body and psychology. Minors are curious, their mental development is still immature, lack of self -protection, and is more likely to suffer from drug harm. The people's court has always adhered to the criminal objects as the key points of the crackdown of drug crimes for minors and drug crimes implemented by organizations and minors. This case is a typical temptation, instability, and tolerance for drug use cases. The defendant Gu Liang implemented a speech induction, teaching drug use, and preaching the experience of drug abuse in front of minors, resulting in the consequences of two minors who did not want to absorb drugs without drugs, and he provided many places to accommodate minors to drug use , Social harm. Gu Liang had been sentenced to four years in prison for seduce and instability of others' drug crimes. He still did not think about repentance. He was released for less than a year and then implemented similar crimes. He was a guilty of criminals, deep subjective viciousness, and high personal danger. According to the facts, nature, plot, and harmful consequences of the people's court, the people's court implemented a strong punishment for the criminal policy of increasing the punishment of terminal drug crimes in accordance with the law, and reflects a firm position that severely punished the drug crime of infringing minors. While blocking the harm of drugs through punishment and minors, the people's court also called on the majority of young people to deeply understand the dangers of drugs, keep psychological defense, be cautious, and stay away from the vulnerable toxic environment and crowd.
Case 7
Liang Yuli smuggling and drug trafficking case
——Ardfe the marijuana many times and enter the country
Selling, serious circumstances
1. Basic case circumstances
The defendant Liang Yuli, male, Han nationality, born on April 19, 1990, company staff.
Since March 2021, the defendant Liang Yuli has repeatedly purchased marijuana from foreign personnel at the price ranging from 50 to 70 yuan per gram, and sent to the country through international postal bags. After receiving the marijuana, Liang Yuli was sold to the drug users Zhu, He Moumou, Liang Moumou, Zheng Moumou, etc. (all cases) at the price ranging from 150 to 180 yuan per gram. On August 11 of the same year, when Liang Yuli was preparing to sell marijuana to the drug survivor Zhu, he was arrested at his residence in Haikang Street, Haizhu District, Guangzhou, Guangdong Province. Public security personnel seized 361.43 grams of marijuana for trafficking on the spot and electronic scales, packaging bags, etc.
Second, the referee results
This case was tried by the People's Court of Liwan District, Guangzhou City, Guangdong Province.
The court believes that the defendant Liang Yuli violated the state's regulations on drugs and purchased illegal delivery of marijuana from overseas and sold to others. His behavior has constituted the crime of smuggling and selling drugs. Liang Yuli has smuggled drugs many times and sold to multiple people. According to the provisions of Article 4 (1) of the Supreme People's Court on the Explanation of Several Issues on Drug Crime Cases, " The "serious plot" stipulated in paragraph 4. After arriving at the case, Liang Yuli confessed his crimes truthfully, and he could be punished lightly according to law; voluntarily pleaded guilty and punished, and he could handle it from the law. Based on this, the defendant Liang Yuli was sentenced to three years and six months in prison and fined 50,000 yuan.
The Liwan District People's Court made a criminal judgment on February 22, 2022. After the verdict, there was no appeal or protest within the statutory period. The verdict has been legal effect.
Third, typical meaning
Cannabis drugs include dried marijuana plant, marijuana resin, hemp oil, etc. The most important active ingredients are tetrahydrogen hemp phenol, which has anesthesia and illusion effect on the human body. Cannabis is addictive and long -term abuse can lead to respiratory, immune system problems, or mental illness. my country has listed marijuana substances and tetrahydrogen naomols as anesthesia drugs and a type of psychotropic drugs. In recent years, due to the "legalization" of marijuana from overseas countries, some international students, overseas returnees, and entertainment practitioners have produced a low -habitation and less harmful cognition of cannabis drugs and less harmful. Stimulate and absorb marijuana. With the continuous strengthening of domestic control, criminals use the Internet to purchase marijuana from overseas, and sell them to abuse groups after being delivered by international postal bags, multiple times, and decentralization. This case is a typical case with overseas sellers, and cases sold in China after smuggling cannabis in the country through international express delivery. In order to make high profits, the defendant Liang Yuli has been smuggling to marijuana many times, and sells to multiple drug users. It is both source of crime, but also directly leads to drugs entering the consumption link. The circumstances are serious and social harm. The people's courts punished them in accordance with the law and reflected the firm stance of anti -drug anti -drugs. At the same time, they also reminded the masses, especially the youth groups to fully understand the harm of marijuana and improve their awareness and identification ability of drugs. Case 8
Zhou Hongwei sold and transported drugs
—— Use the "Internet + Logistics Delivery" method to sell hemp essence drugs to drug addicts many times, and the plot is serious
1. Basic case circumstances
The defendant Zhou Hongwei, male, Han nationality, born on May 22, 1993, workers.
In March 2021, the defendant Zhou Hong Weiming Zhiming mimazoleline tablets, Taylorin (Pinsel hydroxylkone tablets) and other psychiatric drugs controlled by the country still made profit on the Internet of WeChat, Douyin, Baidu Tieba and other online social networks. The platform is looking for buyers. Three times the idle fish app sells to drug users three times, selling 1 box (20 tablets) and 7 boxes (70 tablets) for Taylorine (70 tablets), and send the above psychiatric drugs through courier. Later, the public security staff arrested Zhou Hongwei and seized hundreds of tablets such as mimzizolun tablets, alcoholic acid decozetrandin tablets, Lauracetine tablets, and Saspikon tablets from his rental residence.
Second, the referee results
This case was tried by the Shishi City People's Court of Fujian Province.
The court believes that the defendant Zhou Hong Weiming knows that the state -controlled psychotropic drugs that can form addicted people still sell and transport them to drug users, and their behavior has constituted the crime of selling and transportation. Zhou Hongwei has repeatedly trafficking drugs, in accordance with the provisions of Article 4 (1) of the "Supreme People's Court on the Application of Laws on Drug Crime Cases", shall be identified as stipulated in Article 347, paragraph 4, paragraph 4 of the Criminal Law "Serious plot." After Zhou Hongwei arrived at the case, he could truthfully confess his crimes and punish him lightly according to law. Based on this, the defendant Zhou Hongwei was sentenced to three years in prison and fined 3,000 yuan.
The Shishi People's Court made a criminal judgment on September 24, 2021. After the verdict, there was no appeal or protest within the statutory period. The verdict has been legal effect.
Third, typical meaning
In recent years, as my country has continued to strengthen the crackdown on drug crimes such as heroin, methamphetamine, etc., some common drugs have gradually become difficult to obtain. An addiction and medical use of hemp essences flow into illegal channels. In order to increase regulatory efforts, the relevant functional departments jointly issued the "Announcement on In order to include hydroxytone compound preparations such as psychotic drug management", which stipulates that from September 1, 2019 Taylorine) included in psychiatric drug management. The Minutes of the National Court of Drug Crime Trial Work clearly stipulates that those who regulate the state regulated from those who sell and inject drugs that can form addicted anesthesia or psychiatric drugs shall be punished by selling drugs. At the same time, with the rapid development of the Internet technology and logistics industry, criminals rely on Internet to contact drug transactions and collect drugs, and delivery of drugs through express logistics channels. The cross -ground domainability and anonymous characteristics of the information network make drug criminal methods become hidden and diversified, and the difficulty of supervision and blowing is increasing. This case is a typical case of criminals using the "Internet+Logistics Delivery" method to sell prescription hemp essences regulated by drugs regulated by drug users. The defendant Zhou Hongwei was looking for a contact buyer on online social platforms such as WeChat, Douyin, Baidu Tieba, knowing that buyers purchased hemp essence medicines as addiction substitutes, and they still placed orders through the idle fish trading platform, and then bought from various places through logistics. Home sent, criminal means hidden, and social harm. Zhou Hongwei has been selling drugs to drug addicts many times, and the circumstances are serious. In addition to the soldiers who have been sold, the public security personnel also seized a large number of psychotropic drugs controlled by the state from Zhou Hongwei. The people's court applied the punishment of Zhou Hongwei in accordance with the law, which reflected the severe crackdown on the use of information networks to implement illegal trafficking of hemp fine drug crimes.
Case 9
He Qian's drug trafficking case
——This ketone is sold to drug addicts, and it is a dementia.
1. Basic case circumstances
The defendant He Qi'an, male, Han nationality, born on June 27, 1974, workers. On June 20, 2018, he was sentenced to two years and two months in prison for theft and fined 5,000 yuan.
On September 2, 2021, the defendant He Qi'an purchased about 5 grams of ketonin from "dog duck" (unknown) at a Mahjong Hall at Pingxiang City Railway Station in Jiangxi Province. Retain the "anti -inflammatory powder" into the ketone purchased to form a mixture. The next day, He Qi'an sold 15 grams of ketone mixture to the drug users Liu and Chen in Lujing District, Zhuzhou City, Hunan Province. On the 6th of the same month, He Qi'an sold about 11 grams to Chen near Pingxiang City Password Hotel to Chen, and received 500 yuan. Second, the referee results
This case was tried by the Youxian People's Court of Hunan Province.
The court believes that the defendant He Qi Anzhi Zhimin keton is a national control that can make people who can form addiction to others, and his behavior has constituted a crime of drug trafficking. He Qi'an was sentenced to imprisonment for theft of theft. He was committed to the crime of this case within five years after the execution of the penalty. After arriving at the case, He Qi'an can truthfully confess his crimes and can be punished lightly according to law; voluntarily pleaded guilty and punishment, and he can handle it in accordance with the law. Based on this, the defendant He Qi'an was sentenced to one year and nine months, and fined 10,000 yuan.
The Youxian People's Court made a criminal judgment on November 25, 2021. After the verdict, there was no appeal or protest within the statutory period. The verdict has been legal effect.
Third, typical meaning
Floramine is an analog of chemical structure modification of ketamine (commonly known as "K powder"). From the appearance, the two are also white crystalline powder, which has similar anesthesia and illusion. Causes permanent damage to human organs, and excessive abuse can even lead to death. In recent years, as the state's crackdown on chlorophyterone crime has continued to increase, criminals have gradually turned their targets to fluid ketones, and they are illegally absorbed and sold as alternatives of ketones to avoid legal sanctions. In order to prevent the spread of new spiritual activity such as fluoride ketones, the relevant functional departments jointly released the "18 kinds of substances such as synthetic marijuana substances and ketones into" Non -Pharmaceutical Anesthesia Drugs and Psychiatric Drug Control Catalogs " "Announcement" decided to officially include ketonin into the scope of the pipe from July 1, 2021. The implementation of the announcement provides a basis for cracking down on new drug crimes such as ketones. This case is a typical case of ketamine crime. The defendant He Qi'an was sentenced to punishment for theft for theft. After the release of his sentence, he did not think about repentance. He sold ketones twice to drug addicts. According to He Qian's criminal facts, nature, plot, and the degree of harm to society, the people's courts punished them strictly in accordance with the law and demonstrated the serious position of the people's court resolutely combating new drug crimes.
Case 10
Zheng Bo's intentional homicide case
——In the death of drugs to kill parents, the crime is extremely serious
1. Basic case circumstances
The defendant Zheng Bo, male, Han nationality, born on July 12, 1981, was unemployed.
The defendant Zheng Bo is a drug users. On October 4, 2019, Zheng Bo sucked methylbhenyate (methamphetamine) at home. At 1 o'clock the next day, Zheng Bo doubted that his wife Chen had an affair and had a dispute with his wife. At 4 o'clock, Zheng Bo came to his parents' bedroom to say that he wanted to divorce, and was scolded by his mother Fan Moumou (the victim, 66 years old), that is, the head, face, neck, etc. of the imitation military sword that was carried with him, and the neck, etc. Several knives, and then he was paralyzed with a knife and paralyzed his father, Zheng Moumou (the victim, 76 years old), the neck and other knives. Chen persuaded Zheng Bo to threaten Chen kneeling. Later, Zheng Bo saw Fan Moumou's death, and then kicked Fan Moumou's head, and once again stabbed Fan Moumou and Zheng Moumou, causing the two to die.
Second, the referee results
The case was first instance of the Chengdu Intermediate People's Court of Sichuan Province, and the second instance of the Sichuan Higher People's Court. The Supreme People's Court reviewed the death penalty.
The court believes that the defendant Zheng Bo deliberately illegally deprived others of his life, and his behavior has constituted the crime of intentional homicide. Zheng Bo's drug absorption had an illusion. He stabbed his parents with a knife and killed the two. The murderer was determined, the crime was bad, the means was cruel, and the consequences and crimes were extremely serious. Based on this, the defendant Zheng Bo was sentenced and approved the death penalty to the defendant, depriving the political rights for life.
The criminal Zheng Bo was executed in accordance with the law on May 24, 2022.
Third, typical meaning
Drugs not only cause difficult physical and mental damage to the drug users, but also easily induce various secondary crimes. Spending a lot of money for drugs for a long time, drug addicts may be forced by economic pressure to "absorb with trafficking", or implement crimes such as theft and robbery. At the same time, because drugs have central nervous nerve excitement, inhibitory, or illusion, it will lead to disorder, depression, and even symptoms of dismissal of victims, and even the symptoms of victims, and then causing accidents to seriously endanger social security and public safety. In this case, the defendant Zheng Bo described long -term drug use, usually taking methamphetamine, "shake the ecstasy" and other drugs. He had been detained by administrative detention and community detoxification due to drug absorption. His wife was suspected of derailment and thought that the mother who dissuaded her divorce was "demon", killing her mother and the father who was paralyzed in the bed with a knife. This case fully reflects the serious harm caused by drugs, families and society. While the people's court severely punished Zheng Bo's crime, they also warned every citizen to consciously prevent and resist drugs and stay away from the true "demon" that destroyed humanity.
Source: Supreme People's Court
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