[Local Procuratorate] Shanghai Pudong: Released Drug Criminal Criminal Procuratorate White Paper

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On the occasion of the "International Anti -Drug Day", Shanghai Pudong Procuratorate held an online conference to release the "White Paper (2021) of Drug Criminal Prosecution of the Pudong Procuratorate" (hereinafter referred to as the "White Paper"), sorting out the drug crime case accepted in 2021 Analyze the characteristics and trends presented by drug crimes, and notify our hospital's work on crackdown on drug crimes. Deputy Prosecutor Pu Xuezhang chaired the meeting.

In 2021, Pudong Procuratorate accepted 52 72 cases of drug crimes and arrested cases, reviewed 111 cases and 152 cases of censorship. Wait.

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"White Paper" shows

● In 2021, the proportion of new drug criminal cases accounted for more than half of the total drug -related cases of Pudong Procuratorate.

● Medical institutions have management vulnerabilities in terms of anesthesia and psychiatric drugs, which leads to improper flow into the society, which is easy to form addiction and cause drug crimes.

● Drug crimes are more serious through the Internet line and offline logistics industry.

● Pudong New Area, as an entry -exit port, is facing the risk of smuggling drug crimes. Foreign personnel use small languages ​​to contact overseas communication terminal software. Smuggling of drug criminal evidence and translation work are facing new situations.

● The faint consciousness of the elderly in rural areas has led to drug crimes.

● In terms of drug crimes of minors, since 2021, there are only 3 cases of drug crimes accepted by the Pudong Procuratorate, involving the crime of taking drugs and drug trafficking of others. The effect is outstanding.

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Facing the new situation of drug crimes and new issues, Pudong Procuratorate did this:

● Diversified research and judgment cases of drug -related cases by holding a joint prosecutor's joint meeting, involvement in the investigation, and holding case hearing, etc., and continuously improve the quality and efficiency of the case.

● In the face of the new characteristics of the current complexity of drug -related cases and diversified drug types, adhere to the first line, the case, and carry out the education of law popularization.

● In response to the location characteristics of Pudong as the location of the entrance and exit port, actively respond to the new situation of foreign drug -related drug cases, and carry out the type of evidence of foreign drug -related cases.

● Put forward the first movement and prevention of the pass, the establishment of a platform, cross -border linkage, and standardizing countermeasures for responding to drug crimes such as management, and cutting off the source.

At the press conference, Zhang Moumou sold the new drug case of "top cigarettes", Zhu Moumou, Dong Moumou and other three people using courier smuggling drug cases, minor Lin Moumou smuggling, drug trafficking cases, etc. The prosecutor performed the law.

Deputy Prosecutor Pu Xuezhang

To cope with the new situation of drug crimes and new challenges, our hospital will continue to carry out punishment and prevent drug crimes based on procuratorial functions, improve the quality and efficiency of cases, effectively crack down on drug crimes, and provide procuratorial guarantees for protecting the physical and mental health of the people and maintaining social stability and harmony.

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Typical cases of crackdown on drug crimes

● Be alert

Introduction to the case

Zhang Moumou, male, born on April 13, 1986, a free career.

From July to August 2021, when Zhang Moumou knew that there was a problem with the electronic e -oil he sold, and when he had symptoms similar to drug addiction, he contacted customers through WeChat and other online chat tools. The way to driving to deliver the goods to Min Moumou sells electronic oil fume containing synthetic marijuana. On November 22, 2021, Zhang Moumou was prosecuted by our hospital according to law. On December 14, 2021, the People's Court of the Pudong New District of Shanghai sentenced Zhang Moumou for three years in prison for drug trafficking, three years in probation, and fined 10,000 yuan.

The main characteristics of the case

First, "electronic cigarettes" have become the main carrier of synthetic marijuana, and WeChat, express delivery, and flash delivery have become the main tools for drug trafficking. The main method of abuse of marijuana substances is to dissolve electronic oil or sprayed on the surface of plants such as nicotins, petals and other plants to suck or soak in water. Due to the convenience of transportation and absorption, electronic e -oil has become the most important carrier of synthetic marijuana. Drug drug trafficking groups call it "upper cigarettes", and claims that "on the top of cigarettes" is "safe" and "legal". Seduces the group with poor awareness of drugs. Criminals contacted transactions through social software such as WeChat, paying drugs, and then relying on logistics services such as express delivery, flash delivery, and "running legs". The sales levels are usually as many as three to five levels. wide. It not only disrupts the state's management order of drugs, has a serious threat to the physical and mental health of the adsorbers, but also brings new chaos to the electronic cigarette industry.

The second is that most of the seized and punishment is trafficking, and production behavior is difficult to trace the source. "Online transactions" make the buying and selling behavior of new drugs more hidden, wider radiation, cross -provincial sales have become the normal state, and cross -border transactions have emerged, which brings great difficulties to investigation. Most of the "distributors" below the second level were arrested and sentenced to punishment, and they knew very little about the real situation of the superior "dealers", and it was difficult to find the source of drug manufacturing in the vine. In addition, the appearance of the "e -cigarette" is almost the same as that of ordinary electronic cigarettes. The courier cannot be distinguished by the naked eye, and the identity is not carefully verified during the mailing process, which increases the difficulty of tracing the source of drugs after the public security organs.

The third is "knowing the crime", but he argued that he had no knowledge and had certain anti -investigation methods. Most of the defendants who sell new drugs synthesized cannabis have a bad trace of drug abuse, drug addiction, and even drug crimes, and most of them are "trafficking" drug trafficking personnel. Evidences such as WeChat chat records, purchaser testimony, and defendants' confession can be preserved. It has a subjective intentional intentional intention to sell it as a drug. The defendants and defenders often argued that they were unknown to be drugs, or they knew that electronic cigarettes contained synthetic marijuana.

Prosecutor's reminder

The treatment of new drug crimes must not only rely on after -the -after blow, the key is how to prevent it. While strengthening market supervision and management and logistics delivery channels, the public must fully recognize the harmfulness of new drug synthesis of marijuana. Eighteen new spiritual active substances such as synthetic marijuana have been officially listed as drugs for supervision by the country. "Above" electronic cigarettes are poisonous or smoke.

New types of drug synthetic cannabis are different from traditional drug marijuana. It is more addicted to chemical synthetic drugs than marijuana, stronger dependence, and the harm to the human body far exceeds cannabis. Dizziness, vomiting, mental stubbornness, and illusion of such substances will cause such substances. Excessive absorption will cause shock, suffocation, and even sudden death. The public should buy electronic cigarettes through regular channels, and be alert to new types of drugs covered by fancy packaging such as "small branches", "electronic cigarettes" and "Natasha".

It should be noted that the "Administrative Measures for Electronic Cigarettes" issued by the National Tobacco Monopoly Administration has been officially implemented on May 1 this year. The management measures clearly prohibit the sale of seasoning electronic cigarettes except tobacco flavors. At that time, e -cigarettes other than tobacco flavors will not be legally sold, and the public should be vigilant.

● Small postal bag hiding mystery, casually send to the crime at will

Introduction to the case

On January 18, 2021, a suspicious postal bag was found during the routine inspection of the entry express delivery. All of them are hidden in the compact white powder, suspected drugs. According to the clue, Pudong Public Security seized a gang crime to smuggle drugs by logistics delivery method, and arrested the suspect Zhu Moumou, Dong Moumou, and L.

After investigation: In May 2020, Zhu Moumou knew that foreign men's K -based drug dealers still introduced Dong Moumou to K to help him collect and transfer to Tibetan drug post bags in the country. In January 2021, Dong Moumou helped K to collect the postal bag twice, and transferred it to Beijing and Shanghai according to the instructions. There were more than 600 grams of drugs and cocaine hidden in the postal bag. In addition, Pudong Public Security also checked that foreign men L provided the address and contact information of unknown foreigners in Shanghai to K to collect the Tibetan poisonous postal bag.

In November 2021, the Shanghai Pudong New District People's Court sentenced Zhu Moumou, Dong Moumou, and L to determine that the three of them constituted the crime of smuggling drugs. The confiscated property was RMB 200,000; Zhu Moumou was sentenced to eight years in prison and fined RMB 100,000; L was sentenced to 15 years in prison, and the property was confiscated of RMB 200,000, and he was expelled.

Prosecutor

With the development of Internet technology, logistics delivery industry, and online payment platforms, drug crimes have gradually formed the characteristics of distribution of circulation links, and criminals will no longer be on traditional suction and drug trafficking staff. Become a part of the criminal chain. In this case, Zhu Moumou and Dong Moumou never came into contact with drugs before, but after knowing K, they knew that they were engaged in drug crimes. Occasionally, they introduced the sender or transferred the mailing bag for K. Constines the crime of smuggling drugs. In addition, logistics delivery drugs are often accompanied by false identity or borrowing other people to accept mailing bags. This should also be found that the subjective awareness of receiving people should be found. The address, such as the foreign personnel in this case, did not constitute a drug crime because there was no intentional crime. ● "Curiosity" caused him to fall into the abyss of drug crimes

Introduction to the case

Lin Moumou, male, born on August 27, 2001, a senior high school student in Jiangxi.

In mid -January 2019, Lin Moumou found the seller in the "Baidu Post Bar" out of the curiosity of marijuana, and purchased marijuana from overseas through WeChat and the seller's agreement, and paid it for RMB 2,500 as a payment. After that, the seller sent the courier packaged with cannabis leaves from Portland from USPS to a city in Jiangxi Province, my country, and was checked by Lin Moumou. Later, Lin Moumou purchased marijuana from overseas twice in mid -February and early March 2019. Later, when the courier package entered the country, he was seized by Pudong Customs. It is said that the two packs of yellow -green solids in the courier package weigh a total of 262.09 grams. After being tested by the Pudong Branch of the Pudong Branch of the Shanghai Public Security Bureau, tetrahydrology is detected.

After also verifying, one day in early March 2019, Lin Moumou got in touch with Zhang Moumou, a drug surrendered person in WeChat, and sold the marijuana leaves that smuggled into the country in a school he was studying in a city in Jiangxi Province. Inhalery.

On March 22, 2019, Lin Moumou was arrested by the police of the police. After the case, the above -mentioned criminal facts were truthfully confessed.

On September 30, 2019, Lin Moumou was prosecuted by our court for smuggling and drug trafficking in accordance with the law. Later, the court was sentenced to one year and six months in prison for 1,500 yuan.

Prosecutor

Article 347 of the Criminal Law of the People's Republic of China stipulates that: smuggling, trafficking, transportation, and manufacturing drugs, regardless of the number of drugs, shall be held criminally responsible and punish criminal punishment. Native

Minors are curious about the world, and the rapid development of the Internet provides convenience for the exploration of the world, but at the same time, the bad information on the Internet can easily make minors go astray, and even let them have some ways to obtain some prohibited items Essence The crime of high school student Lin Moumou was curious after listening to people on the Internet describing the pleasure of taking cannabis, and then having an impulse to try. After he absorbed marijuana Criminal roads. Drugs are shocking to human health, especially the nervous system, and minors who are in growth and development must be highly vigilant, especially not to be misled by the bad information of the Internet. Parents must also perform their supervision responsibilities and strengthen the behavior of minors' actions. Supervisory, teach them to cherish life and stay away from drugs!

Source | Pudong Procuratorate

Edit | Wu Shiyu

Review | Wu Ping

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