>>>welcome visitor, haven't logged in. Login
Subscribe Now Contact us  
Font Size:  A A A Search “Fabao” Window English 中文 = 简体  繁体
  Favorite   DownLoad   Print
 
Eight Model Drug-Related Criminal Cases and Drug-related Secondary Criminal Cases Issued by the Supreme People's Court [Effective]
最高人民法院发布8起毒品犯罪及涉毒次生犯罪典型案例 [现行有效]
【法宝引证码】

Eight Model Drug-Related Criminal Cases and Drug-related Secondary Criminal Cases Issued by the Supreme People's Court 

最高人民法院发布8起毒品犯罪及涉毒次生犯罪典型案例

(June 26, 2018) (2018年6月26日)

1. Case concerning Drug Manufacturing by He Xinze 1. 何信泽制造毒品案
-- Enormous amount of drugs were manufactured, and the crime committed was extremely serious --制造毒品数量巨大,罪行极其严重
2. Case concerning Drug Trafficking and Transportation by Liu Bang 2. 刘帮贩卖、运输毒品案
-- As a recidivist having trafficked and transported a large amount of drugs via information networks and express delivery, the criminal offender committed a extremely serious crime --利用信息网络、通过快递方式贩卖、运输毒品数量大,且系毒品再犯,罪行极其严重
3. Case concerning Intentional Homicide by Gong Jinhong 3. 龚金洪故意杀人案
-- After taking drugs, the criminal offender committed an extremely serious crime by chopping two underage children to death with a kitchen knife --吸毒后持菜刀砍死2名未成年子女,罪行极其严重
4. Case concerning Drug Smuggling and Trafficking by Sun Xiaofang 4.孙小芳走私、贩卖毒品案
-- Having smuggled and trafficked new psychoactive substances, the criminal offender was punished according to the law --走私、贩卖国家管制的新精神活性物质,依法惩处
5. Case concerning Drug Trafficking by Shi Xiaomei 5.石小美贩卖毒品案
-- Having trafficked a huge number of “liquid X,” the criminal offender was punished according to the law. --贩卖毒品“神仙水”数量大,依法惩处
6. Case concerning Illegal Production of Drug-making Materials by Zeng Jinhua 6.曾金华等非法生产制毒物品案
-- Illegally producing ephedrine and falling under particularly serious circumstances, the criminal offender was punished according to the law --非法生产麻黄碱,情节特别严重,依法惩处
7. Case concerning Illegal Planting of Drug Plants by Xu Fumiao 7.徐福妙非法种植毒品原植物案
-- Having illegally planted relatively huge amount of opium poppy, the criminal offender was punished according to the law --非法种植罂粟数量较大,依法惩处
8. Case concerning Drug Trafficking and Transportation by Yuan Weiguo 8.袁为国贩卖、运输毒品案
-- In order to accurately ascertain the facts, investigators and appraisers, among others, were notified of testifying in court --为准确查明事实,通知侦查人员、鉴定人等出庭作证
Case 1 案例1
Case concerning Drug Manufacturing by He Xinze 何信泽制造毒品案
-- Enormous amount of drugs were manufactured, and the crime committed was extremely serious --制造毒品数量巨大,罪行极其严重
1. Basic Facts (一)基本案情
Defendant He Xinze, male, Han nationality, born on October 29, 1976, farmer. 被告人何信泽,男,汉族,1976年10月29日出生,农民。
Defendant He Xinze lived in Xiandai Mingdu Community, Zhaozhen Town, Jintang County, Sichuan Province. On September 11, 2013, He Xinze instructed his wife to rent Room 903, Unit 2, Building 10, Weiluona Community in the town and manufactured drugs there. On October 31 of the same year, public security officials arrested him at He Xinze's home and ferreted out more than 37,000 grams of methamphetamine (ice). Subsequently, public security officials ferreted out more than 220 grams of methamphetamine, more than 5,800 grams of solids containing methamphetamine, and more than 25,000 grams of liquid containing methamphetamine from Room 903, Weiluona Community, and ferreted out a batch of drug-making raw materials and tools. Public security officials also ferreted out 1 pistol and 7 bullets from He Xinze's drug-making site and 2 bullets from He Xinze's residence. 被告人何信泽住四川省金堂县赵镇现代名都小区。2013年9月11日,何信泽指使妻子租赁该镇维罗纳小区10幢2单元903室,并在该处制造毒品。同年10月31日,公安人员在何信泽家中将其抓获,当场查获甲基苯丙胺(冰毒)3.7万余克。随后,公安人员从上述维罗纳小区903室查获甲基苯丙胺220余克、含甲基苯丙胺成分的固体5 800余克、液体2.5万余克,并查获一批制毒原料和工具。公安人员还从何信泽的制毒场所查获手枪1支、子弹7发,从其住处查获子弹2发。
2. Adjudication (二)裁判结果
This case was tried by the Intermediate People's Court of Chengdu City, Sichuan Province as the court of first instance and the Higher People's Court of Sichuan Province as the court of second instance. The Supreme People's Court reviewed the death penalty in this case. 本案由四川省成都市中级人民法院一审,四川省高级人民法院二审。最高人民法院对本案进行了死刑复核。
The court held that defendant He Xinze's manufacturing of methamphetamine had constituted the crime of drug manufacturing; and He Xinze's illegal possession of firearms in violation of the provisions on the administration of firearms had constituted the crime of illegal possession of firearms. Having manufactured huge amount of drugs, caused great social harms, and illegally possessed firearms, He Xinze had great subjective malice and had committed extremely serious crime, so he should be punished according to the law. He Xinze should be subject to joinder of penalties in accordance with the law for his commission of several offenses. Accordingly, the court sentenced defendant He Xinze to death with deprivation of political rights for life and confiscation of all his personal property according to the law, and approved the death penalty. 法院认为,被告人何信泽制造甲基苯丙胺的行为已构成制造毒品罪;何信泽违反枪支管理规定,非法持有枪支的行为又构成非法持有枪支罪。何信泽制造毒品数量巨大,社会危害大,还非法持有枪支,主观恶性深,罪行极其严重,应依法惩处。对何信泽所犯数罪,应依法并罚。据此,依法对被告人何信泽判处并核准死刑,剥夺政治权利终身,并处没收个人全部财产。
On December 7, 2017, criminal offender He Xinze was executed in accordance with the law. 罪犯何信泽已于2017年12月7日被依法执行死刑。
3. Significance (三)典型意义
In recent years, with the continuous increase of abusers of synthetic drugs represented by methamphetamine in China, the crime of manufacturing synthetic drugs is on the rise, and the crime of manufacturing methamphetamine in individual areas is prominent. This was a typical case concerning manufacturing of methamphetamine. Defendant He Xinze manufactured methamphetamine in the house rented. The amount of methamphetamine ferreted out in his residence and drug-making site reached 37,000 grams, more than 30,000 grams of solids and liquids containing methamphetamine were also ferreted out, and He Xinze illegally possessed firearms, showing serious social hazard. According to the facts, nature and specific circumstances of He Xinze's crimes, the people's court sentenced He Xinze to death according to the law, which reflected the severe punishment against the source drug crimes such as manufacturing of drugs and fully maximized the deterrent effect of criminal punishment. 近年来,随着以甲基苯丙胺为代表的合成毒品在我国滥用人数的不断增长,国内制造合成毒品犯罪呈加剧之势,个别地区制造甲基苯丙胺犯罪突出。本案就是一起典型的制造甲基苯丙胺犯罪案件。被告人何信泽在承租房内制造甲基苯丙胺,从其住处和制毒场所查获的甲基苯丙胺成品数量达3.7万余克,还查获含甲基苯丙胺成分的固体、液体共计3万余克,何信泽另非法持有枪支,其行为具有严重的社会危害性。人民法院根据何信泽犯罪的事实、性质和具体情节,依法对其判处死刑,体现了对制造毒品这类源头性毒品犯罪的严厉惩处,充分发挥了刑罚的威慑作用。
Case 2 案例2
Case concerning Drug Trafficking and Transportation by Liu Bang 刘帮贩卖、运输毒品案
-- As a recidivist having trafficked and transported a large amount of drugs via information networks and express delivery, --利用信息网络、通过快递方式贩卖、运输毒品数量大,
the criminal offender committed a extremely serious crime 且系毒品再犯,罪行极其严重
1. Basic Facts (一)基本案情
Defendant Liu Bang, male, Han nationality, born on September 1, 1984, unemployed. On November 6, 2012, he was sentenced to criminal detention of five months for committing a crime of drug trafficking, with a fine of 1,000 yuan. On January 24, 2013, he was released upon completion of sentence. 被告人刘帮,男,汉族,1984年9月1日出生,无业。2012年11月6日因犯贩卖毒品罪被判处拘役五个月,并处罚金人民币一千元,2013年1月24日刑满释放。
At about 16 o'clock on June 27, 2014, defendant Liu Bang sent a paper box to Yantai City, Shandong Province at an express delivery company in Guangzhou City, Guangdong Province under the pseudonym of Li Bo. After Liu Bang left, staff members of the express delivery company thought that the express mail was suspicious and called the police. On the same day, public security officers seized about 600 grams of methamphetamine (ice) from the aforesaid carton. 2014年6月27日16时许,被告人刘帮到广东省广州市某快递公司,化名李波将一个纸盒寄往山东省烟台市。刘帮离开后,快递公司工作人员认为该快递件可疑,遂报警。公安人员当日从上述纸盒中查获甲基苯丙胺(冰毒)约600克。
In early September 2014, defendant Liu Bang agreed with Meng Xianglin (sentenced in another case) in Zhaoyuan City, Shandong Province through QQ, WeChat and other methods to sell 2,000 grams of methamphetamine to Meng Xianglin at the price of 35 yuan per gram. After Meng Xianglin remitted more than 60,000 yuan to the account provided by Liu Bang, Liu Bang sent the package containing methamphetamine from Guangzhou to Meng Xianglin. On the 25th day of the same month, Meng Xianglin was arrested when he received the aforesaid package from an express delivery company in Zhaoyuan City. Public security officials seized more than 2,000 grams of methamphetamine in the package. 2014年9月初,被告人刘帮通过QQ、微信等方式与山东省招远市的孟祥霖(已另案判刑)商定,以每克35 元的价格卖给孟祥霖甲基苯丙胺2 000克。孟祥霖向刘帮提供的账户汇款6万余元后,刘帮从广州市将装有甲基苯丙胺的包裹快递给孟祥霖。同月25日,孟祥霖到招远市某快递公司收取上述包裹时被抓获,公安人员当场查获包裹内的甲基苯丙胺2 000余克。
On around October 20, 2014, defendant Liu Bang agreed with Chen Xiaoyu (defendant in a same case, sentenced) in Jiaozhou City, Shandong Province through QQ, WeChat and other methods to sell 100 grams of methamphetamine to Chen Xiaoyu and 100 granules of methamphetamine tablets (commonly known as “Magu”) at the price of 10,500 yuan. On the 23rd day of the same month, Liu Bang sent a package containing drugs from Guangzhou to Chen Xiaoyu through an express delivery company. On the 26th day of the same month, Chen Xiaoyu's wife took the package home and gave it to Chen Xiaoyu, after receiving it. At around 17 o'clock on the 27th day of the same month, public security officials arrested Liu Bang downstairs at the residence rented by Liu Bang in Panyu District, Guangzhou City, and ferreted out more than 2,100 grams of methamphetamine and more than 280 grams of methamphetamine tablets at his residence rented; and ferreted out 22.5 grams of powder containing methamphetamine at another residence rented by Liu Bang in Panyu District. 2014年10月20日左右,被告人刘帮通过QQ、微信等方式与山东省胶州市的陈晓宇(同案被告人,已判刑)商定,以1.05万元的价格卖给陈晓宇甲基苯丙胺100克、甲基苯丙胺片剂(俗称“麻古”)100粒。同月23日,刘帮通过某快递公司将装有毒品的包裹从广州市寄给陈晓宇。同月26日,陈晓宇的妻子领取上述包裹后带回家中交给陈晓宇。同月27日17时许,公安人员在广州市番禺区刘帮租住处楼下将刘帮抓获,并在其租住处查获甲基苯丙胺2 100余克、甲基苯丙胺片剂280余克;在番禺区刘帮的另一租住处查获含甲基苯丙胺成分的粉末22.5克。
2. Adjudication (二)裁判结果
This case was tried by the Intermediate People's Court of Qingdao City, Shandong Province as the court of first instance and the Higher People's Court of Shandong Province as the court of second instance. The Supreme People's Court reviewed the death penalty in this case. 本案由山东省青岛市中级人民法院一审,山东省高级人民法院二审。最高人民法院对本案进行了死刑复核。
The court held that defendant Liu Bang illegally trafficked and transported methamphetamine and methamphetamine tablets, which had constituted the crime of drug trafficking and transportation. Liu Bang trafficked and transported huge amount of drugs by express delivery for several times, having caused great social harms and committed extremely serious crime; as Liu Bang was sentenced for committing a crime of drug trafficking and committed a crime of drug trafficking and transportation only over one year later after being released upon completion of sentence, he should be severely punished as a recidivist. Accordingly, the court sentenced defendant Liu Bang to death with deprivation of political rights for life and confiscation of all his personal property according to the law, and approved the death penalty. 法院认为,被告人刘帮非法贩卖、运输甲基苯丙胺、甲基苯丙胺片剂,其行为已构成贩卖、运输毒品罪。刘帮多次以快递方式跨省贩卖、运输毒品数量大,社会危害大,罪行极其严重;刘帮曾因犯贩卖毒品罪被判刑,刑满释放后仅一年多又犯贩卖、运输毒品罪,系毒品再犯,应当从重处罚。据此,依法对被告人刘帮判处并核准死刑,剥夺政治权利终身,并处没收个人全部财产。
On June 22, 2018, criminal offender Liu Bang was executed in accordance with the law. 罪犯刘帮已于2018年6月22日被依法执行死刑。
3. Significance (三)典型意义
Committing drug crimes by taking advantage of information networks and e-commerce platforms is a current new trend of drug crimes. The convenience of logistics and distribution has accelerated the spread of drugs from sources of drug to other provinces. Some criminals take advantage of the features of information networks and logistics distribution such as wide coverage and easy to hide the true identity, negotiate drug transactions by contacting others through QQ, WeChat and other methods, and send drugs by express delivery. Such cases occur frequently in practice. In this case, defendant Liu Bang contacted others through QQ, WeChat, and other methods to negotiate drug transactions, and then sent drug to others. Having trafficked and transported more than 5,000 grams of methamphetamine and methamphetamine tablets, he had caused great social harms. As a drug recidivist, he had great subjective malice. The people's court sentenced Liu Bang to death according to the facts and nature of Liu Gang's crime, recidivism and other circumstances, which had reflected severe punishment against such types of criminals. 利用信息网络和电子商务平台实施毒品犯罪,是当前毒品犯罪的新动向,物流配送的便捷性又加速了毒品从毒源地向其他省份扩散。一些不法分子利用信息网络和物流配送覆盖面广、易隐瞒真实身份等特点,通过QQ、微信等方式联系商定毒品交易,以快递方式寄送毒品,此类案件在实践中时有发生。本案被告人刘帮通过QQ、微信等方式与他人联系商定毒品交易,再将毒品快递给对方,共计贩卖、运输5 000余克甲基苯丙胺及片剂,社会危害大,且其属于毒品再犯,主观恶性深。人民法院根据刘帮犯罪的事实、性质及其系毒品再犯等情节,对其判处死刑,体现了对此类犯罪的从严惩处。
Case 3 案例3
Case concerning Intentional Homicide by Gong Jinhong 龚金洪故意杀人案
-- After taking drugs, the criminal offender committed an extremely serious crime by chopping two underage children to death with a kitchen knife
......
 --吸毒后持菜刀砍死2名未成年子女,罪行极其严重
......

Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.

1. To become a premium member, please call 400-810-8266 Ext. 171.

2. Binding to the account with access to this database.

3. Apply for a trial account.

4. To get instant access to a document, you can Pay Amount 【¥700.00】 for your single purchase.
 
您好:您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录,进入会员专区查询您所需要的信息;如您还不是我们 的英文用户;您可通过网上支付进行单篇购买,支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
     
     
Scan QR Code and Read on Mobile
【法宝引证码】        北大法宝en.pkulaw.cn
Message: Please kindly comment on the present translation.
 
Confirmation Code:
Click image to reset code
 
  Translations are by lawinfochina.com, and we retain exclusive copyright over content found on our website except for content we publish as authorized by respective copyright owners or content that is publicly available from government sources.

Due to differences in language, legal systems, and culture, English translations of Chinese law are for reference purposes only. Please use the official Chinese-language versions as the final authority. Lawinfochina.com and its staff will not be directly or indirectly liable for use of materials found on this website.

We welcome your comments and suggestions, which assist us in continuing to improve the quality of our materials as we dynamically expand content.
 
Home | About us | Disclaimer | Chinese