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Model Cases regarding Procuratorial Organs' Legally Punishment and Prevention of Drug-related Crimes Published by the Supreme People's Procuratorate [Effective]
最高人民检察院发布检察机关依法惩治和预防毒品犯罪典型案例 [现行有效]
【法宝引证码】

Model Cases regarding Procuratorial Organs' Legally Punishment and Prevention of Drug-related Crimes Published by the Supreme People's Procuratorate 

最高人民检察院发布检察机关依法惩治和预防毒品犯罪典型案例

(June 25, 2019) (2019年6月25日)

Case No. 1 案例一
Case regarding Drug Trafficking by Meng Shisheng 蒙世升贩卖毒品案
I. Basic Facts   一、基本案情
When the Public Security Bureau of Lingshan County, Guangxi Zhuang Autonomous Region investigated the case regarding drug trafficking and transport by Zhang Zongsheng and illegal drug holding by Li Jian, it identified that Meng Shisheng was related to this case. After Meng Shisheng was captured, it requested the People's Procuratorate of Lingshan County to approve the arrest of Meng Shisheng. The procuratorial organ held upon review that there was only Meng Shisheng's confession at the investigation stage as evidence that could prove Meng Shisheng's crime and in the review for arrest, Meng Shisheng has withdrawn the confession, Zhang Zongsheng who directly contacted Meng Shisheng always refused to admit Meng Shisheng's drug trafficking, and there was no other evidence that could testify Meng Shisheng's drug trafficking. Therefore, the procuratorial organ made a decision on non-approval of Meng Shisheng's arrest on the ground that the facts were unclear and evidence was insufficient. 广西壮族自治区灵山县公安局在侦查张宗胜贩卖、运输毒品、李剑非法持有毒品案时,发现蒙世升与本案有关。抓获蒙世升后,提请灵山县人民检察院批准逮捕。检察机关经审查,认为能够证实蒙世升犯罪的证据只有其在侦查阶段的供述,但其在审查逮捕时已经翻供,直接与蒙世升联系的张宗胜始终拒不承认,没有其他证据指证蒙世升贩卖毒品,故以事实不清、证据不足为由,作出不批准逮捕决定。
In the process of handling the appeal case involving Zhang Zongsheng and Li Jian, the People's Procuratorate of Guangxi Zhuang Autonomous Region identified that the investigation organ only extracted SMS and WeChat records not deleted in the mobile phones of Zhang Zongsheng, Li Jian, and Meng Shisheng who were detained and failed to conduct data recovery of deleted information in such mobile phones. It entrusted the technical department of the People's Procuratorate of the Guangxi Zhuang Autonomous Region with conducting the electronic data check. It was found upon check that the restored and extracted SMS, WeChat records and contacts of Zhang Zongsheng, Li Jian, and Meng Shisheng that have been deleted proved the specific contents where Zhang Zongsheng has contacted Meng Shisheng for the payment and transfer of drug-related money for multiple times and they were corroborated by Meng Shisheng's previous confession and bank transaction details. Accordingly, the fact that Meng Shisheng trafficked drug may be found. The procuratorial organ urged the public security organ to re-arrest Meng Shisheng and legally investigate Meng Shisheng's crime of drug trafficking. The Intermediate People's Court of Qinzhou City sentenced defendant Meng Shisheng to death penalty with suspended execution of two years for committing the crime of drug trafficking. 广西壮族自治区人民检察院在办理张宗胜、李剑上诉案件过程中,发现侦查机关仅对扣押的张宗胜、李剑、蒙世升手机中未删除的短信、微信进行拍照提取,未对手机中已删除信息进行数据恢复,即委托自治区检察院技术部门进行电子数据检验。经检验,恢复并提取已被删除的张宗胜、李剑、蒙世升的短信、微信信息以及通讯录,这些信息证实了张宗胜与蒙世升为交付毒资多次联系进行转款的具体内容,与蒙世升曾经的有罪供述、银行交易明细等相互印证。据此,可以认定蒙世升贩卖毒品的事实。检察机关督促公安机关对蒙世升重新提请逮捕,依法追究蒙世升贩卖毒品罪。钦州市中级人民法院以被告人蒙世升犯贩卖毒品罪,判处死刑,缓期二年执行。
II. Significance   二、典型意义
Cases regarding drug-related crimes are highly concealing and difficult in evidence-taking. The procuratorial organ has always adhered to the principle of evidence-based adjudication, did not relax the requirements for evidence standards due to particularity of drug cases and under the circumstances of insufficient evidence and inconformity with arrest conditions, legally performed the functions of non-arrest. In the process of case review, it has effectively maximized the leading roles, legally and voluntarily conducted supplementary investigation, collected, extracted, and reviewed electronic evidence, obtained key evidence for determining Meng Shisheng's crime, prosecuted the criminal suspect, and controlled the evidence quality. 毒品犯罪案件隐蔽性强,取证难度大,检察机关始终坚持证据裁判原则,不因毒品案件的特殊性而放松对证据标准的要求,在证据不充分、不符合逮捕条件的情况下,依法履行不批捕职能。同时在案件审查过程中,切实发挥主导作用,依法做好自行补充侦查工作,对电子证据进行收集提取和审查判断,取得了认定蒙世升犯罪的关键证据,追诉了犯罪嫌疑人,把住了证据质量关。
Case No. 2 案例二
Case regarding Drug Trafficking by Guo Xionglin, Guo Baofu, and Guo Qian 郭雄林、郭宝福、郭铅贩卖毒品案
I. Basic Facts   一、基本案情
In the review of a case regarding Ouyang Feng, Ou Xuqiang, and He Wenbin's suspected crime of drug trafficking, the People's Procuratorate of Chezhou City, Hunan Province found that the drug sources and the flows of the money involved in drug deals were not identified. Ouyang Feng and Ou Xuqiang confessed that the drugs were from “A Lin” from Guangdong Province and the money involved in drug deals was transferred from the bank account of Ouyang Feng to the account of “A Lin.” It was found after taking Ouyang Feng's bank account transaction records that Ouyang Feng has remitted the payments for buying drugs to the CCB account with the holder of “Guo Xionglin” for several times. Therefore, the People's Procuratorate of Chenzhou City required that the public security organ should take the identity information of Guo Xionglin and deliver it to Ouyang Feng for identification. With the confirmation by Ouyang Feng and the transcripts of Ou Xuqiang's identification of Guo Xionglin, it was confirmed that Guo Xionglin was “A Lin,” who was the upstream drug dealer. The People's Procuratorate of Chenzhou City proposed that “A Lin” should be pursued online. “A Lin” was captured in Guangdong Province. Considering that Ouyang Feng once confessed that the drug was got by “A Lin's” father from “A Lin's” uncle. After “A Lin” was captured, the procurators guided the investigation personnel in taking the call records and bank account transaction details among Guo Baofu (father of “A Lin”), Guo Qian (uncle of “A Lin”), and “A Lin” and compared them with the SMS and WeChat information in the seized mobile phones. It was found that Guo Baofu and Guo Qian also participated in the drug-related crime in this case and both of them were captured. It was found upon investigation that after defendant Guo Xionglin purchased methamphetamine from Guo Qian and others in collusion with his father, he trafficked a total of 5,000 g of methamphetamine to Ouyang Feng, Ou Xuqiang, and other persons in four times. The Intermediate People's Court of Chezhou City sentenced Guo Xionglin, Guo Baofu, and Guo Qian to death penalty with suspended execution of two years for committing the crime of drug trafficking. 湖南省郴州市人民检察院在审查欧阳峰、欧旭强、何文彬涉嫌贩卖毒品案过程中,发现毒品来源及毒资去向未查清。欧阳峰、欧旭强都供述毒品来自广东的“阿林”,且毒资通过欧阳峰银行账户转账至“阿林”的账户。经调取欧阳峰银行交易记录,发现欧阳峰几次购毒均给一个开户人为“郭雄林”的建设银行账户汇款,遂要求公安机关调取了郭雄林的身份信息交欧阳峰辨认。经欧阳峰确认并补充同案人欧旭强对郭雄林的辨认笔录,确认郭雄林即“阿林”,系毒品上家后,建议对“阿林”网上追逃。“阿林”在广东被抓获。考虑到欧阳峰曾供述过毒品是“阿林”父亲找“阿林”叔叔拿的货,在“阿林”归案后,检察官引导侦查人员调取同案郭宝福(“阿林”父亲)、郭铅(“阿林”叔叔)与“阿林”的通话记录、银行账户交易明细,与扣押的手机中的短信及微信信息进行比对,查明郭宝福、郭铅亦参与本案毒品犯罪,并将二人抓获。经查,被告人郭雄林伙同其父郭宝福向郭铅等人购买冰毒后,四次贩卖给欧阳峰、欧旭强等人共计5000余克的事实。郴州市中级人民法院以贩卖毒品罪,分别判处郭雄林、郭宝福、郭铅死刑,缓期二年执行。
II. Significance 菊花碎了一地  二、典型意义
The contacts between upstream and downstream dealers in drug cases are concealed and often difficult to be identified. For the purpose of ensuring the crackdown on the “whole chain” of drug-related crimes, in the handling of this case, the procuratorial organ involved always grasped two principal lines, namely, drug sources and flows of the money involved in drug deals, and conducted “investigation of three items,” namely, the persons involved must be investigated to see whether they were guilty; the facts related to this case must be investigated to see whether there was another case involved in this case; and any doubt must be investigated to see whether it was necessary to unearth it. At the same time, the procuratorial organ positively guided evidence-taking, elaborated an outline of supplementary investigation, and successfully prosecuted the three principal criminal offenders, which have expanded the crackdown effect and eradicated the chain of drug-related crimes. 毒品案件上下家联系隐蔽,往往难以查清。为确保对毒品犯罪的“全链条”打击,本案检察机关在办案中,始终把握毒品来源、毒资走向两条主线,做到“三必查”,即与案件有关的人必查,看是否构成犯罪;与案件相关的事必查,看是否存在案中案;有疑点必查,看有无深挖的必要。同时积极引导取证,详细列明补充侦查提纲,成功追诉三名毒品犯罪主犯,扩大了打击成果,铲除了该条毒品犯罪链。
Case No. 3 案例三
Case regarding Drug Trafficking by Liu Youdi 刘有娣贩卖毒品案
I. Basic Facts   一、基本案情
Defendant Liu Youdi was captured by police officers in Guangzhou City, Guangdong Province when he drove a car carrying some drug. The police officers seized over 1,000 g of methylamphetamine in the passenger seat of the car. The procuratorial organ prosecuted Liu Youdi for the crime of drug trafficking. Liu Youdi contended that the drug was left by Chen who took a ride and got off in midway. The Intermediate People's Court of Guangzhou City rendered a judgment of first instance, in which defendant Liu Youdi was acquitted since no complete proof system was formed and reasonable doubts could not be excluded. The People's Procuratorate of Guangzhou City held that although there were flaws in investigation and evidence-taking in this case, the existing evidence may verify Liu Youdi's criminal acts and his contention lacked evidence supporting. Therefore, it lodged a protest according to the law. At the same time, it issued a notice on correction of violations of law to the investigation organ regarding problems in investigation and evidence-taking. The People's Procuratorate of Guangdong Province supported the protest. The undertaking procurators conducted a field check of the travelling route and the capture scene and put forward opinions on evidence supplementation to the investigation organ. Upon review of the case materials, the undertaking procurators also found that the upstream dealer of defendant Liu Youdi and the upstream dealer “Old Chen” in a drug-related appeal case handled by the People's Procuratorate of Guangdong Province were suspected of being the same person. However, due to various reasons, “Old Chen” failed to be captured for a long term. The procuratorial organ of Guangdong Province reported the relevant information to the Second Procuratorial Department of the Supreme People's Procuratorate and the Second Procuratorial Department coordinated with the Narcotics Control Bureau of the Ministry of Public Security in a timely manner and successfully captured the criminal suspect “Old Chen,” which has reinforced evidence on defendant Liu Youdi's drug trafficking. In the trial of second instance, the deputy chief procurator of the People's Procuratorate of Guangdong Province attended the judicial committee and expressed his explicit views. The Higher People's Court of Guangdong Province rendered a judgment of second instance, in which Liu Youdi was sentenced to life imprisonment for committing the crime of drug trafficking.
......
 被告人刘有娣驾驶小轿车携带毒品在广东省广州市被民警查获。民警在其车副驾驶位置缴获甲基苯丙胺1000余克。检察机关以贩卖毒品罪起诉刘有娣。刘有娣辩称,毒品系搭乘其车中途下车的陈某某所留。广州市中级人民法院一审判决,认为本案没有形成完整的证明体系,不能排除合理怀疑,判决被告人刘有娣无罪。广州市人民检察院认为,本案侦查取证虽存在瑕疵,现有证据可以证实刘有娣的犯罪行为,其辩解没有证据支持,依法提出抗诉。同时对侦查取证中的问题向侦查机关发出纠正违法通知书。广东省人民检察院支持抗诉,承办检察官到实地查看行车路线和抓捕现场,向侦查机关提出补证意见。承办检察官经审查案件材料还发现,被告人刘有娣的上家与省检察院办理的一起毒品上诉案中的上家“老陈”疑为同一人。但因各种原因,导致“老陈”长期未归案。广东省检察机关及时向最高检第二检察厅报告了相关情况,第二检察厅及时协调公安部禁毒局成功将犯罪嫌疑人“老陈”抓获,补强了被告人刘有娣贩卖毒品的证据。二审期间,广东省人民检察院副检察长列席了审判委员会,并发表明确意见。广东省高级人民法院二审改判刘有娣犯贩卖毒品罪,判处无期徒刑。
......

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