On June 23, the provincial procuratorate held a press conference to release a batch of typical cases of the provincial procuratorial organs in combating drug-related crimes, providing good demonstration and guidance for the provincial procuratorial organs in punishing and preventing drug-related crimes.

The six typical cases released this time cover several common drug-related crimes in our province, including drug trafficking, illegal possession of drugs, allowing others to take drugs, illegal cultivation of original plant drugs, etc., showing the epitome of the procuratorial organ of our province giving full play to its procuratorial functions, punishing and preventing drug-related crimes, and showing the loyalty and responsibility of the procuratorial organ of the province from different aspects.

   Case 1

Li Moumou's Drug Trafficking Case

Basic Case

At about 21:00 on January 6, 2016, the public security organ arrested Luo who was taking drugs in the drug investigation and seized 52g of methamphetamine from his bag. Luo confessed that the 52g methamphetamine was obtained from his purchase from Li by bank card transfer; At the same time, he explained that after contacting Mr. Li by telephone on December 24, 2015 and January 3, 2016, he respectively transferred drug purchase funds to the ICBC card designated by Mr. Li, and purchased 20g and 10g of methamphetamine from Mr. Li. After online pursuit, on February 14, 2016, the public security authorities arrested Li in Kaili City, and the public security police seized 12 methamphetamine spare packages with a net weight of 12.6g from the vehicles they were driving.

The judgment of the first instance found that the behavior of the defendant Li Moumou constituted the crime of illegal possession of drugs and sentenced him to two years' imprisonment. After a comprehensive review of the evidence of the whole case and the verdict of the first instance, Kaili People's Procuratorate believed that the court of first instance ruled out the illegal testimony of key witnesses without a special exclusion procedure, which led to the fact finding error in the judgment of first instance, improper application of law, and improper sentencing, and filed a protest. On August 28, 2017, the People's Court of Qiandongnan Prefecture made a judgment, adopted the protest opinion of the procuratorial organ, and changed the original trial defendant Li Moumou to commit the crime of drug trafficking, from two years of fixed-term imprisonment to fifteen years of fixed-term imprisonment, deprived of political rights for five years, and confiscated personal property of 100000 yuan.

【 Guiding significance 】

The exclusionary rule of illegal evidence is the top priority of the rules of evidence adjudication, which is conducive to the protection of human rights and the protection of innocent people from being investigated. However, the exclusionary procedure of illegal evidence must be started according to law, investigated according to law, and concluded whether to exclude according to law. Arbitrary exclusion of evidence in violation of the procedure will only indulge crimes and damage judicial justice. Over the years, drug crimes have been severely punished in our country. They are harmful and have a deep impact. They can also induce other crimes and disrupt the normal social and economic order. In dealing with drug crime cases, there are often cases where the persons involved confess and then retract their confessions. The evidence that is legal in the process of obtaining evidence and can mutually corroborate with other evidence to form a complete evidence chain should be accepted according to law as the basis for finalizing the case. The successful protest of this case not only effectively cracked down on drug crimes, maintained judicial justice, and ensured the unified and correct implementation of the law, but also was a powerful demonstration of the procuratorial organ giving full play to its legal supervision function and enforcing the law strictly and impartially.

Case II

Case of Hu Moumou and Others Trafficking in Drugs

Basic Case

On August 22, 2018, Hu sold 10 grams of heroin to Li at his residence. At about 2:00 am on the 26th of the same month, Li was caught by the police on the spot when he sold a small package of drugs bought from Hu to others. In addition, police seized two small packages of drugs purchased from Hu at Li's residence, weighing 0.35g net. The above drugs were identified to contain heroin. At about 20:00 on August 26, 2018, Hu came to Li's residence again and was caught by the police on the spot when he was looking for Li to take money.

On October 31, 2018, the public security organ transferred the case to the People's Procuratorate of Nanming District, Guiyang City for examination and prosecution. After the People's Procuratorate of Nanming District brought a lawsuit to the court, the judge's remark that "Hu's name seems familiar" attracted the attention of the prosecutor. After further understanding, it is known that Hu participated in a drug trafficking crime case that the judge once tried. Hu's accomplice in the case has been tried and judged by the court, but Hu was not transferred for prosecution as the defendant at that time. After being informed of this situation, the prosecutor immediately contacted the public security organ and asked him to verify as soon as possible whether there were other criminal facts that had not been transferred for prosecution. It was verified that Hu did have a criminal fact of trafficking 75g of drug heroin in 2017, which was handled by another police station at that time. At that time, Hu was unable to be detained due to illness, and was granted a guarantor pending trial by the public security organ. At the time of prosecution, he was unable to contact the case and did not handle it. After reviewing the relevant evidence obtained by the procuratorial organ, it is believed that Hu's crime of trafficking 75g of drug heroin in 2017 is clear and the evidence is really sufficient. On February 13, 2019, the People's Procuratorate of Nanming District, Guiyang City added the fact that Hu sold 75g of heroin to the court. The People's Court of Nanming District delivered a judgment on April 25, 2019, confirming the fact that Hu had committed two crimes involving 85 grams of drug heroin, and sentenced Hu to 15 years' imprisonment and 30000 yuan of confiscation of property; Li was sentenced to nine months' imprisonment and a fine of 1000 yuan.

【 Guiding significance 】

As a legal supervision organ, the procuratorial organ should strengthen its awareness of supervision, actively perform its duties and act actively, and perform its legal supervision duties through handling cases. Correcting the omission of accomplices and additional omission of criminal facts is one of the ways and means for procuratorial organs to perform their legal supervision duties. In order to avoid attack in the process of judicial review, the defendant often evades the heavy and takes the light, deliberately concealing or understating his own criminal facts. The procuratorial organ shall objectively and comprehensively review the case in the process of handling the case, and shall not let go of any clues and details. Once it is found that the investigation organ has omitted criminal facts or co offenders, it shall urge the public security organ to supplement and transfer the case for prosecution or directly conduct additional prosecution when the facts are clear and the evidence is sufficient.

Case 3

Peng Moumou and He Moumou's Drug Trafficking Case

Basic Case

In February 2019, Peng bought a piece of drug heroin from others to sell, but it has not been sold, so he contacted He to help him sell it. After He promised, Peng stored the drug in He's residence. Later, He was caught by the public security organ as a drug addict, who reported that Peng had stored drugs in his residence, led the public security personnel to find the drugs, and contacted Peng at the scene to get money from the place where the drugs were stored. On May 24, 2019, Peng was captured by the public security authorities in Zhijin County, and a piece of heroin sold by Peng and He was seized. After weighing, the net weight was 346.77g.

In the investigation stage of this case, the People's Procuratorate of Zhijin County sent personnel to intervene in advance to guide the investigation and put forward suggestions on guiding the investigation of the case. Due to sufficient communication, reasonable reasoning and timely tracking, the effect of guiding investigation is remarkable. First, the mobile phone data of He was restored and displayed, and the content could corroborate the guilty confession of He and Peng; The second is the extracted drug packaging. The biological DNA traces of He and Peng are detected according to law, which can effectively establish the relationship between He and Peng and the drug physical evidence.

After the case was transferred for examination and prosecution, the People's Procuratorate of Zhijin County initiated a public prosecution according to law. During the trial of the first instance, Peng pleaded guilty and repented in court. The People's Court of Zhijin County believed that the facts of the case were clear and the evidence was really sufficient. It sentenced Peng to 15 years' imprisonment for the crime of drug trafficking, confiscated 100000 yuan of personal property, and sentenced He to 10 years' imprisonment for the crime of drug trafficking, with a fine of 50000 yuan. After the sentence was pronounced, both defendants said they would accept the sentence and would not appeal.

【 Guiding significance 】

When the procurators intervene to guide the investigation of a case in advance, they should provide guidance or guidance for the direction of the investigation of the case, provide guidance for obtaining evidence on key evidence, guide the investigators to protect and collect the key evidence of the fixed case in a timely manner according to law, prevent the evidence from being damaged or lost, avoid the defendant from withdrawing his confession and affecting the conviction and punishment of the case, so as to clear the facts of the case, The evidence is indeed sufficient.

Case 4

Illegal possession of drugs by Lin

At about 13:00 on October 11, 2018, when the public security organ learned that someone was selling heroin, the police immediately took a squat and found that Lin was carrying drugs to trade with others, so the police immediately seized the shop. During the process of arrest, Lin struggled hard to escape the attack of the public security organ, With your right hand, throw a package of 224.43 grams of heroin in the right pocket of your coat into the job's tears under the roadside. The DNA of Lin was identified in the package of drugs. After Lin arrived at the case, he refused to admit the fact that he sold drugs to others, and denied that the drugs in the barley rice fields were lost by him when he was captured, and also said that he had not touched the package of drugs.

On January 15, 2019, the People's Procuratorate of Qinglong County filed a public prosecution to the People's Court for Lin's suspected illegal possession of drugs. The People's Court of Qinglong County adopted the accusation opinion of the procuratorial organ and sentenced Lin to 10 years' imprisonment and a fine of 10000 yuan for the crime of illegal possession of drugs.

【 Guiding significance 】

In order to escape the attack, the perpetrator abandoned the concealed drugs by separating people from goods. Investigators seized the drugs, and the perpetrator denied that the seized drugs were used to discard the concealed drugs. Therefore, in handling the case, we should strengthen the examination of the details of the case, so as to accurately identify the facts of the case and effectively combat crime.

Case 5

Fei Mouxi tolerates others' drug abuse case

Basic Case

In the summer of 2017, Feimouxi saw Chen passing by the intermediary store he ran, and called Chen to drink tea in the store. In the process of drinking tea, Feimouxi took out the "pot" and a small packet of methamphetamine that had been prepared before, and smoked the packet of drugs with Chen. In the same year, Chen called Fei and drank tea at his home. Fei took out a packet of methamphetamine and smoked it with Chen. One day in August 2018, Fei asked someone to open a room in the hotel and smoked methamphetamine with Chen in the hotel room. One day in 2019, Fei Mouxi borrowed a car from his father-in-law and took Chen Mouxi to the gate of the nursery. Fei Mouxi and Chen Mouxi smoked methamphetamine together in the car.

In March and May 2019, Fei Mouxi invited Chen to his home twice. Fei Mouxi and Chen smoked methamphetamine at home together.

On November 12, 2019, the People's Procuratorate of Suiyang County brought a public prosecution on the case of Fei Mouxi suspected of harboring others for drug abuse, and the court made a judgment: Fei Mouxi was sentenced to one year's imprisonment for the crime of harboring others for drug abuse, and a fine of 3000 yuan was also imposed.

【 Guiding significance 】

Drug crime has serious social harmfulness. Drug abuse not only damages people's life and health, but also brings about social problems such as rising crime rate and affecting public order. Allowing others to take drugs not only facilitates drug addicts to take drugs, but also helps them escape the attack. More seriously, it is an important factor leading to smuggling, trafficking, transportation, drug manufacturing and other upstream drug crimes. Among drug crimes, there would be no upstream drug crimes such as drug trafficking without drug abuse, and drug tolerance has created more convenient conditions for drug abuse and contributed to drug crimes. Therefore, it is an inevitable choice to strengthen the fight against drug-related crimes at the source.

Case 6

The case of Feng Moumou's illegal cultivation of original drug plants

Basic Case

On one day in August 2018, Feng planted 612 original drug plants, opium poppy, in the land he cultivated. On March 13, 2019, the police station of Xindian Town of Pu'an County Public Security Bureau and the Drug Control Office of Xindian Town seized the case when they carried out an inspection on the cultivation of drug plants. When Feng arrived at the case, he pleaded that there was no land near his house. He grew vegetables in the land where opium poppy was found all the year round. He did not know that the seeds he bought were the original plants of drugs and were planted illegally.

The public security organ transferred the case of Feng Moumou's illegal cultivation of original drug plants to the People's Procuratorate of Pu'an County for examination and prosecution. After examination, it was found that the fact of Feng Moumou's cultivation of 612 opium poppy plants in this case objectively exists, but the original opium poppy plants are not common and recognizable plants for ordinary people. The existing evidence proves that Feng Moumou mistook opium poppy seeds for vegetable seeds, After being purchased in the market, they are planted in their own perennial vegetable fields and eaten as vegetables. There is no evidence to prove that Feng knowingly planted opium poppy, the original drug plant. Because the crime of illegal cultivation of original drug plants requires that the perpetrator subjectively knows that it is the original drug plants that constitute a crime, there is insufficient evidence to prove the case of Feng's illegal cultivation of original drug plants. On June 24, 2019, the People's Procuratorate of Pu'an County made a decision not to prosecute Feng.

【 Guiding significance 】

According to the provision of Article 351 of the Criminal Law of China, the crime of illegal cultivation of original drug plants is an intentional crime, which subjectively requires the perpetrator to know that it is the original drug plants such as opium poppy and marijuana and illegally cultivate them. However, in this case, the existing evidence is not enough to determine that the suspect knows or should know that the opium poppy he or she planted is opium poppy. The handling of this case has made more villagers know that the illegal cultivation of opium poppy is an illegal and criminal act, which has an important warning role in the local area. It is a vivid legal education and has achieved good legal and social effects.

Edited by Liu Juanli

Edited by Yang Tao