Guangdong High Court Releases Typical Drug Case: Drug Addicts Refused to Buy Drugs with Money and Killed Father for Drug Use | Defendant | Drug Addict
On the eve of International Anti Drug Day on June 26th, the Guangdong Provincial High People's Court issued a batch of typical cases of severe punishment for drug crimes. The cases cover both the severe punishment of origin crimes such as manufacturing and bulk drug trafficking, as well as the legal crackdown on new types of drug crimes such as the sale of electronic cigarettes and secondary crimes induced by drug use. This reflects the firm determination and clear stance of Guangdong courts to fully play their criminal trial functions, strictly and severely crack down on various types of drug crimes involving domestic and foreign, traditional and new, online and offline, and fully guarantee the safety of people's lives and property, providing strong judicial protection for winning the People's War against Drugs.
01 Severely crack down on the crime of manufacturing drugs at the source-Ouyang Moumou, Luo Moumou, Xiao Moumou manufacturing drugs case
Basic case
In early January 2016, the defendant Xiao, together with others, manufactured ketamine at a certain location in Lianping. On February 2 of the same year, the finished ketamine product was transported away. In early November of the same year, the defendants Ouyang, Luo, and Xiao, together with others, manufactured ketamine in a certain location in Wengyuan. On the evening of the same month, Ouyang instructed others to hide the produced ketamine in Yan's residence in Huidong, waiting for an opportunity to sell it. On November 10 of the same year, the defendants Ouyang, Luo, and Xiao conspired to produce drugs again, and gathered Xiao to participate in the search for Wengyuan pig farm as a drug production site, hire drug production personnel, and provide drug production technology for the production of ketamine. On November 14 of the same year, public security personnel arrested Ouyang, Luo, Xiao, and others, and seized 1118.7 kilograms of solid liquid mixture containing ketamine and a batch of drug production tools at the above-mentioned drug production site. 109.2419 kilograms of ketamine packaged in transparent sealed bags were seized in Yan's residence in Huidong.
Judgment result
After trial, the court found that the defendants Ouyang, Luo, Xiao, and others violated the national drug management regulations by manufacturing ketamine, which constituted the crime of drug manufacturing. Ouyang, Luo, and Xiao colluded to manufacture a large amount of ketamine, posing serious social harm and all of them were principal offenders, and should be punished according to law. Ouyang is still a recidivist and should be punished severely according to law. The court ruled in accordance with the law that defendants Ouyang, Luo, Xiao, and others committed the crime of drug manufacturing, sentenced three people to death, deprived of political rights for life, and confiscated all personal property; Sentence the co defendants Tian Jia, Tian Yi, Zhou, and Zhong to death with a two-year reprieve, deprivation of political rights for life, and confiscation of all personal property; Sentence the remaining defendants to life imprisonment up to twelve years imprisonment and impose additional penalties.
Typical significance
Manufacturing drugs is a source of drug-related crimes and has always been a key focus of the fight against drugs. This case is a typical drug-related crime at the source, where the defendant has repeatedly gathered others to collaborate in drug production, with a particularly large number and significant social harm. The defendants Ouyang, Luo, and Xiao are all the most prominent main criminals in the drug production gang, and their crimes are extremely serious. The defendant Ouyang is also a recidivist, and the people's court has imposed the death penalty on the three individuals in accordance with the law, reflecting the resolute attitude and firm stance of highlighting the focus of crackdown and severely punishing drug-related crimes at the source.
02 Severely punish the crime of trafficking in large quantities of drugs in accordance with the law-the drug trafficking case of Liu and Chen.
Basic case
The defendants Liu and Chen colluded to sell methamphetamine, and they rented together with their cohabiting girlfriends in a residential area in Humen Town, Dongguan City. After investigation, from February to March 2015, Liu sold 1479.4 grams of methamphetamine to others, while Chen sold a total of 16 kilograms of methamphetamine to Lin twice. On March 17 of the same year, Liu hid the purchased methamphetamine in an off-road vehicle in the underground parking lot of the rented residential area. During this time, Chen went to the exit of the highway to watch the wind, and the public security organs seized 2 imitation Type 64 pistols, 2 bullets, and 15.3 kilograms of methamphetamine from the vehicle.
Judgment result
After trial, the court found that the defendants Liu and Chen violated the national drug management regulations and their trafficking of methamphetamine constituted the crime of drug trafficking. The defendant Liu also violated gun control regulations by illegally holding firearms, and his behavior constitutes the crime of illegal possession of firearms, which should be punished in accordance with the law. The defendants Liu and Chen have sold a large amount of drugs, causing serious social harm, and are both repeat offenders and drug offenders. They should be punished severely in accordance with the law. The court ruled in accordance with the law that the defendant Liu was guilty of drug trafficking and illegal possession of firearms. He was sentenced to death for several crimes, deprived of political rights for life, and had all his personal property confiscated; The defendant Chen was convicted of drug trafficking, sentenced to death, deprived of political rights for life, and had all personal property confiscated.
Typical significance
This case is a typical large-scale drug trafficking case. The defendants Liu and Chen sold drugs multiple times and in large quantities within a short period of time, both of whom were recidivists and repeat drug offenses. Liu also illegally held firearms while driving, and the crime was extremely serious. Both of them were drug criminals with deep subjective malice and high personal danger, and were sentenced to death in accordance with the law. The people's court firmly adheres to the law and firmly punishes drug crimes, fully exerting the deterrent effect of punishment, and severely punishes drug criminals who commit serious crimes such as smuggling, drug manufacturing, and bulk trafficking, as well as drug lords, professional drug offenders, recidivists, and drug recidivists.
03 Punishment of New Drug Crimes in accordance with the Law-The Drug Trafficking Case of Zhou and Li
Basic case
The defendant Zhou, in order to seek illegal benefits, used purchased electronic cigarette sticks, e-liquid containing synthetic cannabinoids, atomizers and other items to assemble "marijuana e-cigarettes" in a room in a residential area in Shenzhen, and posted sales information through WeChat. The defendant Li acted as Zhou's agent and resold the above-mentioned electronic cigarettes for profit. After investigation, in July 2021, Li sold four e-cigarettes and four bottles of e-liquid to others twice, with a net weight of 2.56 grams. In addition to selling to Li, Zhou also sold four e-cigarettes and one bottle of e-liquid, with a net weight of 0.31 grams, to others. The public security organs seized 151 bottles of electronic cigarette oil with a net weight of 321.08 grams at his residence. After identification, the electronic cigarette oil involved in the case was found to contain synthetic cannabinoid MDMB-4en-PINACA components.
Judgment result
After trial, the court found that the defendant Zhou had repeatedly sold synthetic cannabinoids in large quantities, and his behavior constituted the crime of drug trafficking; The defendant Li sold synthetic cannabinoids, and his behavior has constituted the crime of drug trafficking. After being brought to justice, Zhou and Li truthfully confessed their crimes and may be given a lighter punishment in accordance with the law. The court ruled in accordance with the law that the defendant Zhou committed the crime of drug trafficking, sentenced him to fifteen years in prison, deprived him of political rights for five years, and confiscated property of RMB 150000. The defendant Li was convicted of drug trafficking and sentenced to eleven months imprisonment, with a fine of RMB 10000.
Typical significance
In recent years, the trend of abuse of "upper head e-cigarettes" with the addition of synthetic cannabinoids or other addictive substances has become prominent. Due to their similar appearance to ordinary e-cigarettes and different smoking methods from traditional drugs, they have strong confusion. Smoking synthetic cannabinoids can cause reactions such as dizziness, vomiting, and mental confusion. Excessive consumption can lead to shock, suffocation, and even sudden death. Smoking can easily cause accidents and social harm. In this case, the defendant assembled "marijuana e-cigarettes" on their own and sold them, which is not only a source crime but also directly leads to the circulation of drugs, and will be severely punished in accordance with the law. This case also serves as a warning to the general public to consciously resist the temptation of new drugs. Some "smoke powder", "water", "milk tea" and other gimmicks that are labeled as "not addictive" may make you "very addictive". Do not try drugs with your own body.
04 Cracking down on the crime of drug trafficking through the Internet in accordance with the law-Yao and Zhu drug trafficking cases
Basic case
From April to October 2021, the defendant Yao purchased cannabis seeds on foreign websites, rented a greenhouse in Shandong Province for cultivation, harvested and sun dried cannabis leaves, and collaborated with Zhu to sell them. The two agreed that Zhu would search for buyers online and inform Yao of the buyer's information. Yao would send marijuana leaves to the buyer through logistics and mail, and the buyer would then pay Zhu for the drug in the form of Bitcoin. In November 2021, Yao and Zhu sold marijuana leaves three times in the above-mentioned manner, totaling 300 grams, and received drug funds paid in Bitcoin. In early November of the same year, Yao hid 1 kilogram of cannabis leaves in a filter and sent them to a logistics point in Foshan through logistics. On the 25th of the same month, public security personnel seized 5 bags of cannabis leaves with a net weight of 999.68 grams. On December 1st of the same year, public security personnel arrested Yao and seized one box and one bag of marijuana leaves in the rented greenhouse, with a net weight of 8547.12 grams.
Judgment result
After trial, the court found that the defendants Yao and Zhu had repeatedly sold drugs and marijuana leaves, and their behavior constituted the crime of drug trafficking, which falls under the "serious circumstances" stipulated in Article 347 (4) of the Criminal Law. Yao and Zhu actively participated in the implementation of drug trafficking, with each other having their own division of labor and playing a major role, both of whom were principal offenders. Yao pleaded guilty and punished after being brought to justice, and can be given a lighter punishment according to law. After Zhu was brought to justice, he truthfully confessed his crimes and was given a lighter punishment in accordance with the law. The court ruled in accordance with the law that the defendant Yao committed the crime of drug trafficking and sentenced him to three years and six months of imprisonment, as well as a fine of RMB 40000; The defendant Zhu was convicted of drug trafficking and sentenced to three years and one month in prison, with a fine of RMB 30000.
Typical significance
Affected by the legalization of cannabis in some foreign countries or regions, the trend of cannabis abuse has rebounded. Cannabis drugs include dried cannabis plant products, cannabis resin, cannabis oil, cannabis leaves, etc. In recent years, various cannabis derivatives have gradually emerged, such as candy containing cannabis ingredients, chocolate, tobacco, etc. The defendant in this case purchased cannabis seeds for profit through online means, harvested cannabis leaves, and sold them through the form of "network+logistics+Bitcoin payment". The circumstances were serious and the social harm was significant. The people's court punished them in accordance with the law. At the same time, it also reminds the general public to advocate a healthy and upward value concept, be wary of the infiltration of overseas "drug subcultures", and improve their awareness of drug prevention and identification ability.
05 Punishment of Secondary Crimes of Drug Addiction in accordance with the Law-Yan's Intentional Homicide Case
Basic case
The defendant Yan is a drug user from Haifeng County, Shanwei City. On October 3, 2021, the defendant Yan was refused to ask his father for money to buy drugs. He then pressed his father into the muddy rice fields and beat him, causing him to be squeezed in the chest and suffocated to death. During the escape process, Yan made a phone call to 120 and truthfully confessed his crime after being arrested.
Judgment result
After trial, the court found that the defendant Yan intentionally and illegally deprived the life of another person, resulting in the death of one person, and his behavior constituted the crime of intentional homicide. Considering that the defendant Yan truthfully confessed his crimes upon arrival at the case, he was sentenced to death but not immediately executed. The court ruled in accordance with the law that the defendant Yan was guilty of intentional homicide and sentenced him to death, with a two-year suspension of execution and deprivation of political rights for life.
Typical significance
Yan killed a close relative after taking drugs, and the crime was extremely serious. He was severely punished according to law. The use of drugs causes irreversible physical and mental harm to drug users themselves, as well as serious harm to their families and society. Drug use can lead to loss of control in human behavior, trigger violent crimes such as robbery and intentional homicide, and seriously endanger social security and public safety. Cherishing life and staying away from drugs is the social responsibility that every citizen should fulfill.
