To a victim who was raped, an anesthesiologist purchased a drug and "climbed over the wall" to sell crime | psychotropic drugs | raped

The anesthesiologists in the hospital knowingly purchased and sold drugs such as Liyuexi through overseas chat software, despite knowing that they were psychotropic drugs regulated by national regulations, resulting in rape. On June 26th, the Supreme People's Procuratorate released typical cases of drug related crimes such as drug trafficking, rape, imparting criminal methods, and bribery of non-state workers, which were punished for drug and psychotropic drug abuse.

Wu Mouwen is an anesthesiologist at a hospital in Guangdong. Since 2019, he has purchased second-class psychotropic drugs such as Liyuexin and Dizosin, which are regulated by the state, from his colleagues in the hospital multiple times. In 2020, he met unemployed person Sun online. Despite knowing that the drugs controlled by the state, such as Li Yuexi, were still being sold through the overseas online chat tool Telegram, they climbed over the wall.

The division of labor between the two is clear. Sun is responsible for publishing sales information in the "Telegram" group, sending orders to Wu Mouwen through WeChat, and Wu Mouwen is responsible for shipping. After receiving payment, Sun transfers the money to Wu Mouwen. Sun transferred a total of 58632.94 yuan to Wu Mouwen before and after. On August 7, 2020 and January 2, 2021, Sun knowingly sold psychotropic drugs such as Li Yuexi to Pang through Wu Mouwen twice, knowing that Pang had used them for rape. He also repeatedly explained in the "telegram" how to use Li Yuexi and other drugs to commit rape. Later, Pang used the drugs to commit rape.

In addition, since 2016, Wu Mouwen has been entrusted by medical representatives Liang and others to contact colleagues Xu Mouwen and others, informing them that using a specific drug when issuing medication can receive corresponding rebates. Wu Mouwen counted the number of designated drugs used by Xu Mouwen and others every month, and issued a cumulative rebate of 93000 yuan.

The case is difficult and complex, with high social attention and significant impact. The Nanhai District Prosecutor's Office in Foshan City, Guangdong Province actively intervened in advance, participated in case discussions, and guided the public security organs to timely and standardized extraction and fixation of relevant evidence. In the review and prosecution process, the procuratorial organs require the public security organs to supplement the collection of evidence such as the hospital's management system for anesthetic drugs and psychotropic drugs, the scope of regular inspections, the defendant's education and work experience, and the defendant's colleagues' understanding of the attributes of anesthetic drugs and psychotropic drugs. The deleted electronic data should be technically restored to verify the nature of the defendant's behavior.

At the same time, when examining the transfer records between Wu Mouwen and hospital staff, the procuratorial organs discovered criminal clues of bribery towards non-state staff members; Through reviewing Sun's communication records, it was found that his behavior of using the internet to teach others how to use psychotropic drugs to commit rape is suspected of the crime of imparting criminal methods. His behavior of selling Li Yuexi to Pang knowing that he intended to commit rape is suspected of the crime of rape. When prosecuting, the procuratorial organs added the crime of bribery to Wu Mouwen, the crime of imparting criminal methods to Sun Mouwen, and the crime of rape in accordance with the law.

During the trial, Wu Mouwen and his defense counsel argued that Wu Mouwen's behavior should be recognized as the crime of illegally providing narcotic drugs and psychotropic substances. Sun and his defense counsel argue that Sun had no subjective intention to sell drugs, and that the act of imparting criminal methods should be absorbed by the crime of rape and should not be repeatedly evaluated.

The prosecutor's defense states that Wu Mouwen, as a professional anesthesiologist, has a professional understanding that drugs such as Liyuexi are controlled by the state. He knows that the purchased Liyuexi and other psychotropic drugs are not used for medical purposes and sells them to individuals for illegal purposes, which should be recognized as the crime of drug trafficking in accordance with the law. Sun knew that the purchased psychotropic drugs such as Liyuexi were not intended for medical purposes, and he repeatedly explained in the telegram how to use Liyuexi and others to commit rape. However, even though he knew that Pang had purchased Liyuexi for rape, he still sold them to him. According to the law, it should be recognized as the crime of drug trafficking, the crime of imparting criminal methods, and the crime of rape.

On November 2, 2021, the Nanhai District Procuratorate prosecuted Sun for the crimes of drug trafficking, rape, and imparting criminal methods, and Wu for the crimes of drug trafficking and bribery of non-state workers in accordance with the law. On January 21, 2022, the Nanhai District Court sentenced Sun to seven years and three months in prison and fined him 50000 yuan for the crimes of drug trafficking, rape, and imparting criminal methods; Wu Mouwen was sentenced to four years and ten months in prison and fined 52000 yuan for the crime of drug trafficking and bribery of non-state workers. Sun appealed against the first instance judgment. On April 21, 2022, the Foshan Intermediate People's Court made a second instance ruling, rejecting the appeal and upholding the original judgment.

It is reported that the Supreme People's Procuratorate has made the following evaluation of the typical significance of the case: when handling criminal cases involving narcotic drugs and psychotropic substances, the procuratorial organs should adhere to early intervention in accordance with the law, guide the investigation organs to comprehensively collect and fix evidence in accordance with the law, especially supervise the investigation organs to extract electronic data in a timely and complete manner according to legal procedures, and improve the evidence system. Electronic data review should be strengthened, combined with other recorded evidence, to prove the subjective knowledge and objective behavior of the defendant in selling anesthetic drugs and psychotropic drugs, and accurately determine the nature of drug crimes in accordance with the law. For those who knowingly purchase drugs and psychotropic substances controlled by the state for purposes other than medical purposes and sell them to individuals for illegal purposes, they should be recognized as the crime of drug trafficking in accordance with the law. The procuratorial organs should fully exert their legal supervision functions, focus on examining whether there are upstream and downstream crimes and joint crimes, and whether they can be independently evaluated. They should dig deep into relevant criminal clues, promptly prosecute omissions, and strengthen the full chain crackdown on drug crimes in accordance with the law.