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| Notice of the Supreme People's Procuratorate and the Ministry of Public Security on Issuing the Provisions (III) of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing Criminal Cases under the Jurisdiction of Public Security Organs for Investigation and Prosecution | | 最高人民检察院、公安部关于印发《最高人民检察院、公安部关于公安机关管辖的刑事案件立案追诉标准的规定（三）》的通知 |
(No. 26 [2012] of the Ministry of Public Security) | |
（公通字[2012]26号） |
The people's procuratorates and the departments (bureaus) of public security of all provinces, autonomous regions and municipalities directly under the Central Government; the Military Procuratorate of the People's Liberation Army; and the People's Procuratorate and the Public Security Bureau of Xinjiang Production and Construction Corps: | |
各省、自治区、直辖市人民检察院，公安厅、局，军事检察院，新疆生产建设兵团人民检察院、公安局： |
In order to crack down on drug-related crimes in a timely and accurate manner, in accordance with the provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China and other relevant laws, the Supreme People's Procuratorate and the Ministry of Public Security have formulated the Provisions (III) of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing Criminal Cases under the Jurisdiction of Public Security Organs for Investigation and Prosecution to prescribe the standards for filing criminal cases under the jurisdiction of the drug-related crime investigation departments of public security organs for investigation and prosecution, which are hereby issued to you for your compliance and implementation. Public security organs at all levels shall file cases for investigation and prosecution in accordance with these Provisions, and procuratorial organs at all levels shall review, approve arrest and prosecute in accordance with these Provisions. | |
为及时、准确打击毒品犯罪，根据《中华人民共和国刑法》、《中华人民共和国刑事诉讼法》等有关法律规定，最高人民检察院、公安部制定了《最高人民检察院公安部关于公安机关管辖的刑事案件立案追诉标准的规定（三）》，对公安机关毒品犯罪侦查部门管辖的刑事案件立案追诉标准作出了规定，现印发给你们，请遵照执行。各级公安机关应当依照此规定立案侦查，各级检察机关应当依照此规定审查批捕、审查起诉。 |
All localities shall report problems encountered during implementation to the Supreme People's Procuratorate and the Ministry of Public Security respectively in a timely manner. | |
各地在执行中遇到的问题，请及时分别报最高人民检察院和公安部。 |
Supreme People's Procuratorate | |
最高人民检察院 |
Ministry of Public Security | |
公安部 |
May 16, 2012 | |
二〇一二年五月十六日 |
Provisions (III) of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing Criminal Cases under the Jurisdiction of Public Security Organs for Investigation and Prosecution | |
最高人民检察院、公安部关于公安机关管辖的刑事案件立案追诉标准的规定（三） |
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| Article 1 [Cases on Drug Smuggling, Trafficking, Transporting and Manufacturing (Article 347 of the Criminal Law)] Where anyone smuggles, traffics in, transports or manufactures drugs, regardless of the quantity of drugs, a case shall be filed for investigation and prosecution. | | 第一条 [走私、贩卖、运输、制造毒品案（刑法第三百四十七条）]走私、贩卖、运输、制造毒品，无论数量多少，都应予立案追诉。 |
The term “smuggle” as mentioned in this Article means knowingly and illegally transporting, carrying and mailing of drugs into or out of China's frontier (border). Where anyone directly and illegally purchases drugs from smugglers, or transports, purchases or traffics in drugs in inland seas, territorial waters, boundary rivers or boundary lakes, a case shall be filed for investigation and prosecution for the crime of drug smuggling. | |
本条规定的“走私”是指明知是毒品而非法将其运输、携带、寄递进出国（边）境的行为。直接向走私人非法收购走私进口的毒品，或者在内海、领海、界河、界湖运输、收购、贩卖毒品的，以走私毒品罪立案追诉。 |
The term “traffic” as mentioned in this Article means knowinglyly and illegally selling drugs or illegally purchasing drugs for trafficking. | |
本条规定的“贩卖”是指明知是毒品而非法销售或者以贩卖为目的而非法收买的行为。 |
Where there is evidence to prove that the actor, for the purpose of making profits, purchases the drugs merely used for taking or injecting for another person, a case shall be filed for investigation and prosecution against the purchaser for the crime of drug trafficking. Where anyone, not for the purpose of making profits, purchases the drugs merely used for taking or injecting for another person, with the quantity of drugs reaching the quantitative standard prescribed in Article 2 of these Provisions, a case shall be filed for investigation and prosecution against the authorizer and purchaser for the crime of illegal drug possession. Where anyone, knowing that another person is committing a drug-related crime, acts as an intermediary or purchases or sells drugs for the said person, a case shall be filed for investigation and prosecution against the actor as the accomplice to the relevant drug-related crime, no matter whether profits are gained. | |
有证据证明行为人以牟利为目的，为他人代购仅用于吸食、注射的毒品，对代购者以贩卖毒品罪立案追诉。不以牟利为目的，为他人代购仅用于吸食、注射的毒品，毒品数量达到本规定第二条规定的数量标准的，对托购者和代购者以非法持有毒品罪立案追诉。明知他人实施毒品犯罪而为其居间介绍、代购代卖的，无论是否牟利，都应以相关毒品犯罪的共犯立案追诉。 |
The term “transport” as mentioned in this Article means knowingly and illegally transporting drugs by such means as carrying, mailing, consigning, making use of others, and using the means of transportation. | |
本条规定的“运输”是指明知是毒品而采用携带、寄递、托运、利用他人或者使用交通工具等方法非法运送毒品的行为。 |
The term “manufacture” as mentioned in this Article means direct drug extraction from the plants from which drugs are extracted, or processing and preparation of drugs by chemical methods, or the processing or preparation of drugs by mixing or other physical methods for the purpose of changing the components and utility of drugs. Drug adulteration, and addition or removal of other non-drug materials conducted so as to facilitate secret transport, sale or use, cheat purchasers, or to add weight shall not be regarded as drug manufacturing. | |
本条规定的“制造”是指非法利用毒品原植物直接提炼或者用化学方法加工、配制毒品，或者以改变毒品成分和效用为目的，用混合等物理方法加工、配制毒品的行为。为了便于隐蔽运输、销售、使用、欺骗购买者，或者为了增重，对毒品掺杂使假，添加或者去除其他非毒品物质，不属于制造毒品的行为。 |
Where anyone, for the purpose of manufacturing drugs, illegally manufactures precursor chemicals by such means as production, processing and extraction, a case shall be filed for investigation and prosecution for the crime of drug manufacturing (preparatory). Where anyone has purchased equipment and raw materials for manufacturing drugs and started to manufacture drugs, but drugs or semi-products have not been manufactured, a case shall be filed for investigation and prosecution for the crime of drug manufacturing (attempt). Where anyone, knowing that another person is manufacturing drugs, provides acetic anhydride, ethyl ether, chloroform or other materials for manufacturing drugs for the said person's drug production, processing or extraction, a case shall be filed for investigation and prosecution against the actor as an accomplice to the crime of drug manufacturing. | |
为了制造毒品而采用生产、加工、提炼等方法非法制造易制毒化学品的，以制造毒品罪（预备）立案追诉。购进制造毒品的设备和原材料，开始着手制造毒品，尚未制造出毒品或者半成品的，以制造毒品罪（未遂）立案追诉。明知他人制造毒品而为其生产、加工、提炼、提供醋酸酐、乙醚、三氯甲烷等制毒物品的，以制造毒品罪的共犯立案追诉。 |
“Knowingly” as concerned in the subjective intention for drug smuggling, trafficking or transporting means that the actor knows or should have known that the act committed by him or her is drug smuggling, trafficking or transporting. Where the actor falls under any of the following circumstances, in consideration of the actor's statements and other evidence, it can be determined through comprehensive review and judgment that the actor “should have known”, unless there is any evidence to prove that the actor has been deceived into doing so: | |
走私、贩卖、运输毒品主观故意中的“明知”，是指行为人知道或者应当知道所实施的是走私、贩卖、运输毒品行为。具有下列情形之一，结合行为人的供述和其他证据综合审查判断，可以认定其“应当知道”，但有证据证明确属被蒙骗的除外： |
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| 1. when law enforcement personnel conducting inspection at a port, airport, station, harbor, post office or other inspection site requires the actor to declare the articles carried, transported or mailed by him or her or other articles which are suspected to be drugs, and notifies the person of the legal liabilities, the actor fails to truthfully declare the articles concerned and drugs are found among the articles carried, transported or mailed by the actor; | | （一）执法人员在口岸、机场、车站、港口、邮局和其他检查站点检查时，要求行为人申报携带、运输、寄递的物品和其他疑似毒品物，并告知其法律责任，而行为人未如实申报，在其携带、运输、寄递的物品中查获毒品的； |
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| 2. the actor evades customs inspection or frontier defense inspection by making false declaration, concealing, disguising or by other means of deceiving, and drugs are found among the articles carried, transported or mailed by the actor; | | （二）以伪报、藏匿、伪装等蒙蔽手段逃避海关、边防等检查，在其携带、运输、寄递的物品中查获毒品的； |
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| 3. when being inspected by law enforcement personnel, the actor escapes or discards the articles carried by him or her, or evades or resists inspection, and drugs are found among the articles carried, concealed or discarded by the actor; | | （三）执法人员检查时，有逃跑、丢弃携带物品或者逃避、抗拒检查等行为，在其携带、藏匿或者丢弃的物品中查获毒品的； |
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| 4. the actor conceals drugs in his or her body or in a secret place close to his or her body; | | （四）体内或者贴身隐秘处藏匿毒品的； |
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| 5. drugs are found among the articles carried, transported, mailed or collected by the actor for another person so as to obtain unusually high or un-equivalent returns; | | （五）为获取不同寻常的高额或者不等值的报酬为他人携带、运输、寄递、收取物品，从中查获毒品的； |
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| 6. drugs are found among the articles carried or transported by the actor by highly hidden ways; | | （六）采用高度隐蔽的方式携带、运输物品，从中查获毒品的； |
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| 7. the actor hands over and takes over articles by highly hidden ways, which obviously deviates from the usual ways by which legal articles are handed over and taken over, and drugs are found among such articles; | | （七）采用高度隐蔽的方式交接物品，明显违背合法物品惯常交接方式，从中查获毒品的； |
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| 8. the actor intentionally detours the inspection site on his or her way, and drugs are found among the articles carried or transported by the actor; | | （八）行程路线故意绕开检查站点，在其携带、运输的物品中查获毒品的； |
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| 9. the actor undergoes consignment or mailing formalities with a false identity, address or by any other fraudulent means, and drugs are found among the articles consigned or mailed by the actor; or | | （九）以虚假身份、地址或者其他虚假方式办理托运、寄递手续，在托运、寄递的物品中查获毒品的； |
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| 10. there is any other evidence to prove that the actor should have known. | | （十）有其他证据足以证明行为人应当知道的。 |
“Knowingly” as concerned in the subjective intention for drug manufacturing means that the actor knows or should have known that the act committed by him or her is drug manufacturing. Where the actor falls under any of the following circumstances, in consideration of the actor's statements and other evidence, it can be determined through comprehensive review and judgment that the actor “should have known”, unless there is evidence to prove that the actor has been deceived into doing so: | |
制造毒品主观故意中的“明知”，是指行为人知道或者应当知道所实施的是制造毒品行为。有下列情形之一，结合行为人的供述和其他证据综合审查判断，可以认定其“应当知道”，但有证据证明确属被蒙骗的除外： |
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| 1. has purchased equipment, tools, and materials for manufacturing drugs or preparation plans specially used for manufacturing drugs; | | （一）购置了专门用于制造毒品的设备、工具、制毒物品或者配制方案的； |
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| 2. manufactures articles for others for obtaining unusually high or un-equivalent returns, and such articles are found to be drugs through inspection; | | （二）为获取不同寻常的高额或者不等值的报酬为他人制造物品，经检验是毒品的； |
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| 3. manufactures drugs in remote or sheltered places, or manufactures articles by disguising manufacturing equipment, and such articles are found to be drugs through inspection; | | （三）在偏远、隐蔽场所制造，或者采取对制造设备进行伪装等方式制造物品，经检验是毒品的； |
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| 4. the manufacturer escapes or resists inspection when law enforcement personnel conducts inspection, and the manufactured articles seized on the spot are found to be drugs through inspection; or | | （四）制造人员在执法人员检查时，有逃跑、抗拒检查等行为，在现场查获制造出的物品，经检验是毒品的； |
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| 5. there is any other evidence to prove that the actor should have known. | | （五）有其他证据足以证明行为人应当知道的。 |
The charge of the crime of drug smuggling, trafficking, transporting or manufacturing is alternative, where the actor has committed more than two kinds of crimes on the same drugs, and there are corresponding concrete evidence, the concurrently applicable criminal charge shall be determined based the nature of committed crimes, and the quantity of drugs shall not be double counted. Where more than two kinds of crimes may have been committed on the same drugs, but only one or several acts can be determined based on the corresponding evidence, and there is no sufficient evidence to determine other acts, the applicable criminal charge shall be determined based on the acts that can be determined pursuant to law. Where different kinds of crimes have been committed on different kinds of drugs, the concurrently applicable criminal charge shall be determined based on different acts, and the quantity of drugs shall be calculated on a cumulative basis. | |
走私、贩卖、运输、制造毒品罪是选择性罪名，对同一宗毒品实施了两种以上犯罪行为，并有相应确凿证据的，应当按照所实施的犯罪行为的性质并列适用罪名，毒品数量不重复计算。对同一宗毒品可能实施了两种以上犯罪行为，但相应证据只能认定其中一种或者几种行为，认定其他行为的证据不够确实充分的，只按照依法能够认定的行为的性质适用罪名。对不同宗毒品分别实施了不同种犯罪行为的，应对不同行为并列适用罪名，累计计算毒品数量。 |
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| Article 2 [Cases on Illegal Drug Possession (Article 348 of the Criminal Law)] Where anyone knowingly and illegally possesses drugs, a case shall be filed for investigation and prosecution under any of the following circumstances: | | 第二条 [非法持有毒品案（刑法第三百四十八条）]明知是毒品而非法持有，涉嫌下列情形之一的，应予立案追诉： |
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| 1. more than 200 grams of opium or more than ten grams of heroin, cocaine or methamphetamine; | | （一）鸦片二百克以上、海洛因、可卡因或者甲基苯丙胺十克以上； |
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| 2. more than 20 grams of methylenedioxymetamphetamine (MDMA) or other amphetamine-like drugs (excluding methamphetamine), or more than 20 grams of morphine; | | （二）二亚甲基双氧安非他明（MDMA）等苯丙胺类毒品（甲基苯丙胺除外）、吗啡二十克以上； |
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| 3. more than 50 grams of dolantin (more than 500 injections, 100mg/injection, more than 1,000 injections, 50mg/injection; or more than 2,000 tablets, 25mg/tablet, more than 1,000 tablets, 50mg/tablet); | | （三）度冷丁（杜冷丁）五十克以上（针剂100mg/支规格的五百支以上，50mg/支规格的一千支以上；片剂25mg/片规格的二千片以上，50mg/片规格的一千片以上）； |
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| 4. more than two milligrams of dihydroetorphine hydrochloride (more than 100 injections or tablets, 20mg/injection or tablet); | | （四）盐酸二氢埃托啡二毫克以上（针剂或者片剂20mg/支、片规格的一百支、片以上）； |
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| 5. more than 200 grams of ketamine or methadone; | | （五）氯胺酮、美沙酮二百克以上； |
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| 6. more than ten kilograms of triazolam or methaqualone; | | （六）三唑仑、安眠酮十千克以上； |
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| 7. more than 50 kilograms of caffeine; | | （七）咖啡因五十千克以上； |
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| 8. more than 100 kilograms of chloridiazepoxide, estazolam, diazepam or bromazepam; | | （八）氯氮卓、艾司唑仑、地西泮、溴西泮一百千克以上； |
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| 9. more than one kilogram of cannabis oil, more than two kilograms of cannabis resin , or more than 30 kilograms of cannabis leaves and marijuana; | | （九）大麻油一千克以上，大麻脂二千克以上，大麻叶及大麻烟三十千克以上； |
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| 10. more than 50 kilograms of poppy capsules; or | | （十）罂粟壳五十千克以上； |
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| 11. a large number of drugs other than the aforesaid drugs. | | （十一）上述毒品以外的其他毒品数量较大的。 |
Where anyone illegally possesses more than two kinds of drugs, with the quantity of each kind of drugs not reaching the quantitative standard prescribed in paragraph 1 of this Article, but the cumulative amount of heroin converted reaching more than ten grams based on the quantity prescribed in the preceding paragraph for which a case shall be filed for investigation and prosecution, a case shall be filed for investigation and prosecution. | |
非法持有两种以上毒品，每种毒品均没有达到本条第一款规定的数量标准，但按前款规定的立案追诉数量比例折算成海洛因后累计相加达到十克以上的，应予立案追诉。 |
The term “illegal possession” as mentioned in this Article means the possession, carrying, concealing or possession of drugs by other means in violation of national laws and the provisions of the competent department of the state. | |
本条规定的“非法持有”，是指违反国家法律和国家主管部门的规定，占有、携带、藏有或者以其他方式持有毒品。 |
“Knowingly” as concerned in the subjective intention for illegal drug possession shall be determined in accordance with the relevant provisions of paragraph 8 of Article 1 of these Provisions. | |
非法持有毒品主观故意中的“明知”，依照本规定第一条第八款的有关规定予以认定。 |
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Article 3 [Cases on Shielding Drug-related Criminals (Article 349 of the Criminal Law)] Where anyone shields a criminal who smuggles, traffics in, transports or manufactures drugs, a case shall be filed for investigation and prosecution under any of the following circumstances:
．．．．．． | | 第三条 [包庇毒品犯罪分子案（刑法第三百四十九条）]包庇走私、贩卖、运输、制造毒品的犯罪分子，涉嫌下列情形之一的，应予立案追诉：
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