Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (III)

Article 1 Whoever smuggles, sells, transports or manufactures drugs, regardless of the quantity, shall file a case for prosecution.

Smuggling as mentioned in this article refers to the act of illegally transporting, carrying and delivering drugs abroad (territory) knowing that they are drugs. Whoever illegally buys smuggled drugs directly from smugglers, or transports or buys or sells drugs in inland seas, territorial seas, boundary rivers and lakes shall be punished as the crime of smuggling drugs.

Trafficking as mentioned in this article refers to the illegal sale or illegal purchase of drugs for the purpose of trafficking.

If there is evidence that the perpetrator buys drugs for others for profit only for smoking and injection, he will bring a lawsuit against the buyer for drug trafficking. If, for the purpose of making profits, drugs are purchased for others only for smoking and injection, and the quantity reaches the quantity standard stipulated in Article 2 of these Provisions, the consignor and purchaser shall be investigated for the crime of illegal possession of drugs. Whoever knowingly introduces others to commit drug crimes and sells them on his behalf, regardless of whether it is profitable or not, should be prosecuted for related drug crimes.

The term "transportation" as mentioned in this article refers to the illegal transportation of drugs by means of carrying, mailing, consigning, using others or using means of transportation, knowing that they are drugs.

The term "manufacturing" as mentioned in this article refers to the illegal use of the original plants of drugs, the direct extraction or processing and preparation of drugs by chemical methods, or the processing and preparation of drugs by physical methods such as mixing for the purpose of changing the composition and use of drugs. In order to facilitate concealed transportation, sale, use, deceive buyers, or to gain weight, dope drugs, add or remove other non-drug substances, it does not belong to the act of manufacturing drugs.

Whoever illegally manufactures precursor chemicals by means of production, processing and refining for the purpose of manufacturing drugs shall be investigated for criminal responsibility for the crime of manufacturing drugs (preparations). Those who purchase equipment and raw materials for drug manufacturing and start to manufacture drugs, but have not yet manufactured drugs or semi-finished products, shall be investigated for the crime of drug manufacturing (attempted). Knowing that it is acetic anhydride, ether, chloroform and other drugs, it is produced, processed, refined or provided for others. , should be prosecuted for manufacturing drugs.

"Knowing" in the subjective intention of smuggling, selling and transporting drugs means that the actor knows or should know that smuggling, selling and transporting drugs are being carried out. In any of the following circumstances, combined with his confession and other evidence, it can be determined that the actor "should know", except that there is evidence to prove that he is obviously deceived:

(1) When law enforcement officers check at ports, airports, railway stations, ports, post offices and other checkpoints, they ask the actor to declare the articles he carries, transports and delivers and other articles suspected of drugs, and inform him of the legal responsibilities he should bear, but the actor fails to truthfully declare and finds drugs in the articles he carries, transports and delivers;

(2) evading customs and frontier inspection by means of false report, concealment or disguise. , and seized drugs in the articles it carried, transported and delivered;

(3) Law enforcement officers escape or abandon the articles they carry, or escape or resist the inspection, and seize drugs from the articles they carry, hide or abandon;

(4) Hiding drugs in the body or in private places;

(5) Carrying, transporting, delivering or collecting articles for others, obtaining high or unequal remuneration, and seizing drugs from them;

(6) Concealing carrying or transporting articles, and seizing drugs from them;

(7) handing over goods in a highly concealed way, obviously violating the usual legal way of handing over goods, and seizing drugs from them;

(eight) the trip deliberately bypassed the checkpoint and seized drugs in the articles it carried and transported;

(9) Handling consignment and delivery procedures with false identity, address or other false means, and seizing drugs in consigned or delivered articles;

(10) There is other evidence enough to prove that the actor should know.

"Knowing" in the subjective intention of making drugs means that the actor knows or should know that the ongoing behavior is making drugs. In any of the following circumstances, combined with his confession and other evidence, it can be determined that the actor "should know", except that there is evidence to prove that he is obviously deceived:

(1) purchasing equipment, tools, drug-making articles or preparation schemes specially used for manufacturing drugs;

(2) Making articles for others in order to obtain unusually high or unequal remuneration, which is narcotic;

(3) Goods manufactured in remote and hidden places or by disguised manufacturing equipment. It was found to be narcotic after examination;

(4) The manufacturer escapes or resists the inspection by law enforcement officers, and the manufactured goods seized on the spot are drugs;

(5) There is other evidence to prove that the actor should know.

The crime of smuggling, trafficking, transporting and manufacturing drugs is a selective crime. If two or more criminal acts are committed against the same drug, and there is corresponding conclusive evidence, according to the nature of the criminal acts committed, several crimes shall be punished together, and the number of drugs shall not be counted repeatedly. More than two kinds of criminal acts may have been committed against the same drug, but the corresponding evidence can only identify one or more of them. If the evidence of other acts is insufficient, the charges shall be applied only according to the nature of the acts that can be recognized according to law. If different kinds of criminal acts are committed against different drugs, the charges should be applied to different acts in parallel, and the number of drugs should be calculated cumulatively.

Article 2 Whoever knowingly possesses drugs illegally and is suspected of any of the following circumstances shall file a case for prosecution:

(1) more than 200 grams of opium, heroin, cocaine or methamphetamine 10 grams or more;

(2) ecstasy, morphine and other amphetamine-type drugs (except methamphetamine) of more than 20 grams;

(3) Demerol (Demerol) is more than 50g (injection 100 "g/tablet size is more than 500 tablets, and 50" g/tablet size is more than 0/000 tablets); 25 "g/tablet size more than 2000 tablets, 50" g/tablet size more than 1000 tablets);

(four) more than two milligrams of dihydroetorphine hydrochloride (injection or tablet 20 "g/tablet, more than one hundred tablets);

(five) ketamine, methadone more than two hundred grams;

(six) triazolam, methaqualone more than ten kilograms;

(seven) more than fifty kilograms of caffeine;

(eight) more than one hundred kilograms of chlorzoxazole, zolam, diazepam and bromodiazepam;

(nine) more than one kilogram of sesame oil, more than two kilograms of cannabis resin, more than thirty kilograms of cannabis leaves and cannabis cigarettes;

(10) poppy shells weighing over 50 kg;

(eleven) the number of drugs other than the above drugs is relatively large.

Illegal possession of more than two kinds of drugs, each of which does not meet the quantity standard specified in the first paragraph of this article, but is converted into heroin according to the proportion of the number of drugs filed for prosecution specified in the preceding paragraph, and the cumulative total reaches10g or more, shall be filed for prosecution.

The term "illegal possession" as mentioned in this article refers to holding, carrying, hiding or otherwise holding drugs in violation of the laws of the state and the provisions of the competent departments of the state.

The "knowing" in the subjective intention of illegal possession of drugs shall be determined in accordance with the relevant provisions of the eighth paragraph of Article 1 of these Provisions.

Article 3 [Case of Sheltering Drug Criminals (Article 349 of the Criminal Law)] Anyone who shelters a criminal who smuggles, sells, transports or manufactures drugs shall file a case for prosecution under any of the following circumstances:

(1) Forging certificates to help cover up crimes;

(2) helping to conceal, transfer or destroy evidence;

(3) helping to obtain false identity or identity documents;

(4) shielding criminals by other means.

Whoever commits the acts listed in the preceding paragraph and conspires in advance shall be punished for the crime of smuggling, selling, transporting and manufacturing drugs.

Article 4 A criminal who smuggles, sells, transports or manufactures drugs, harbors, transfers or conceals drugs or property obtained from crimes, shall file a case for prosecution.

Whoever commits the acts listed in the preceding paragraph and conspires in advance shall be punished for the crime of smuggling, selling, transporting and manufacturing drugs.

Article 5 Whoever, in violation of state regulations, illegally transports or carries drugs out of the country (territory) and is suspected of any of the following circumstances shall file a case for prosecution:

(a) More than 5 kg of 1- phenyl -2- acetone;

(2) Ephedrine, pseudoephedrine and its salts and unilateral preparations are more than 5 kg, and ephedra extract and ephedra extract powder 100 kg or more;

(3) 3,4-methylenedioxyphenyl -2- acetone, norephedrine (norephedrine), methylephedrine (methylephedrine), hydroxyimines and their salts 10 kg or more;

(4) More than 20kg of piperonal, safrole, safrole oil, isosafrole, ergot acid, ergotamine, ergonovine and phenylacetic acid;

(5) N- acetyl anthranilic acid, anthranilic acid and piperidine are more than150kg;

(six) more than two hundred kilograms of acetic anhydride and chloroform;

(7) More than 400 kilograms of ether, toluene, acetone, methyl ethyl ketone, potassium permanganate, sulfuric acid and hydrochloric acid;

(8) Other raw materials or preparations used for the manufacture of drugs in relatively large quantities.

Illegally transporting and carrying more than two kinds of drug-making articles into the country, where each drug-making article does not meet the quantity standard stipulated in the first paragraph of this article, but it is converted into one drug-making article according to the proportion of the number of cases filed for prosecution as stipulated in the preceding paragraph, and then the total amount reaches the above quantity standard, it shall be filed for prosecution.

Illegally manufacturing precursor chemicals by means of production, processing and refining. For the purpose of smuggling precursor articles, the crime of smuggling precursor articles (preparations) shall be investigated.

Smuggling of precursor chemicals is under any of the following circumstances. If precursor chemicals are seized, it can be determined that the perpetrator "knows" that they are precursor chemicals and smuggled or illegally traded, unless there is evidence to prove that they were obviously deceived:

(1) Changing the product shape, packaging or using false product identification such as labels and trademarks;

(2) Transporting or carrying precursor chemicals by hiding, entraining, disguising or other covert means to avoid inspection;

(3) resisting inspection or abandoning goods and escaping during inspection;

(4) evading customs and frontier inspection by making false reports, hiding or disguising. ;

(5) Choose a road section without customs and frontier inspection stations to bypass entry and exit;

(6) Handling the consignment and delivery procedures by false identity, address or other false means;

(seven) by other means to conceal the truth, to avoid the supervision of precursor chemicals according to law.

Anyone who knowingly transports, stores, imports or exports drugs or provides convenience for them by other means shall be punished as the crime of drug smuggling.

Article 6 Whoever, in violation of state regulations, illegally buys or sells drugs in China, and the quantity reaches one of the circumstances specified in the first paragraph of Article 5 of these Provisions, shall file a case for prosecution.

Illegal trading of more than two kinds of drug-making articles, each of which does not meet the quantitative standards stipulated in the first paragraph of this article, but is converted into one drug-making article according to the proportion of the number of cases filed as stipulated in the preceding paragraph, and the cumulative sum reaches the above-mentioned quantitative standards, shall be filed for prosecution.

In violation of the provisions of the state, any of the following acts shall be deemed as the illegal sale of the drugs prescribed in this article:

(1) buying and selling precursor chemicals without permission or filing;

(2) buying and selling precursor chemicals beyond the variety and quantity range of the license or filing certificate;

(3) buying or selling precursor chemicals by using others or forged, altered or invalid license certificates or filing certificates;

(4) Business units, in violation of regulations, sell precursor chemicals to units or individuals without purchase licenses or filing certificates, or sell precursor chemicals to buyers who knowingly use others or forged, altered or invalid licenses or filing certificates;

(5) illegally buying and selling precursor chemicals by other means. Units or individuals that produce, manage and use precursor chemicals can be dealt with according to law if there is evidence to prove that they are really used for legitimate production and daily needs without obtaining a license certificate or a filing certificate, but if they fail to apply for a license certificate or a filing certificate in time and have not caused serious social harm, they can be prosecuted for the crime of illegally buying and selling precursor chemicals.

Illegally manufacturing precursor chemicals by means of production, processing and refining. Whoever illegally buys or sells precursor chemicals shall be investigated for the crime of illegally buying or selling precursor chemicals (preparations).

The "knowing" in the subjective intention of illegal drug trading shall be determined in accordance with the relevant provisions of the fourth paragraph of Article 5 of these Provisions.

Whoever knowingly transports, stores, acts as an agent for import and export or otherwise facilitates the crime of illegal drug trafficking shall be punished as the crime of illegal drug trafficking.

Article 7 [Case of Illegal Planting of Original Plants of Drugs (Article 351 of the Criminal Law)] Anyone who illegally grows original plants of drugs such as opium poppy and marijuana is suspected of one of the following circumstances, and shall file a case for prosecution:

(1) Illegally planting more than 500 opium poppies;

(2) Illegally planting more than 5,000 cannabis plants;

(3) Illegally planting a large number of other narcotic plants;

(4) Illegally planting more than 200 square meters of opium poppy, more than 2,000 square meters of cannabis or other original plants of drugs that have not yet emerged;

(five) planted after being handled by the public security organs;

(6) Resist eradication.

The term "planting" as mentioned in this article refers to the acts of sowing, raising seedlings, transplanting, transplanting seedlings, fertilizing, irrigation, cutting off Tianjin or collecting seeds. In general, the number of illegally planted drug plants should be based on the number actually seized. Because of the large planting area, it is difficult to count the number of plants one by one. The total number of plants can be calculated after sampling and calculating the average number of plants per square meter according to the actual planting area.

Illegal cultivation of opium poppy or other original plants of drugs, which are automatically eradicated before harvest, shall not be filed for prosecution.

Article 8 Whoever illegally buys, sells, transports, carries or holds seeds and seedlings of original plants of drugs (Article 352 of the Criminal Law) Whoever illegally buys, sells, transports, carries or holds seeds and seedlings of original plants of drugs, such as opium poppy, which have not been inactivated, shall be placed on file for prosecution under any of the following circumstances:

(a) more than 50 grams of poppy seeds and more than 5,000 poppy seedlings;

(two) more than fifty kilograms of cannabis seeds and more than fifty thousand cannabis seedlings;

(3) There are more seeds and seedlings of other narcotic plants.

Article 9 Whoever lures, instigates or deceives others to take drugs (Article 353 of the Criminal Law) shall file a case for prosecution.

Article 10 Whoever forces others to take or inject drugs against their will by violence, coercion or other coercive means shall file a case for prosecution.

Article 11 Whoever harbors others to take drugs or inject drugs is suspected of one of the following circumstances, and shall file a case for prosecution:

(a) allowing others to take or inject drugs for more than two times;

(two) allowing more than three people to take or inject drugs at a time;

(three) administrative punishment for allowing others to take or inject drugs, and allowing others to take or inject drugs;

(4) sheltering minors from taking or injecting drugs;

(five) for the purpose of making profits, allowing others to take or inject drugs;

(six) allowing others to take or inject drugs, causing serious consequences or other serious circumstances.

Article 12 [Case of Illegal Provision of Narcotic Drugs and Psychotropic Substances (Article 355 of the Criminal Law)] An individual or unit engaged in the production, transportation, management and use of narcotic drugs and psychotropic substances under state control according to law, who, in violation of state regulations, provides narcotic drugs and psychotropic substances under state control to people who take or inject drugs, shall be placed on file for prosecution if it is suspected of any of the following circumstances:

(1) illegally providing more than 20g of opium, more than 2g of morphine, and more than 5g of dolantin (injection amount 100mg/ cigarette is more than 50, injection amount is more than 50mg/ cigarette 100); 25mg/ tablet size of more than 200 tablets, 50mg/ tablet size of more than 0/00 tablets), dihydroetorphine hydrochloride of more than 0.2mg (injection or tablet size of 20mg/ tablet size of more than 0/0 tablets), ketamine of more than 20g, methadone, triazolam 1kg or more.

(2) illegally providing narcotic drugs and psychotropic drugs for more than two times, although the above-mentioned quantity standards have not been met, and the cumulative quantity has reached more than 80% of the quantity standards stipulated in the preceding paragraph;

(3) Being subject to administrative punishment for illegally providing narcotic drugs and psychotropic substances, and illegally providing narcotic drugs and psychotropic substances;

(4) Providing narcotic drugs and psychotropic drugs to minors who take or inject drugs;

(5) Causing serious consequences or other serious circumstances. Persons or units that produce, transport, market and use narcotic drugs and psychotropic substances under state control according to law, who, in violation of state regulations, provide narcotic drugs and psychotropic substances under state control to criminals who smuggle or sell drugs that can make people addicted, or provide narcotic drugs and psychotropic substances under state control that can make people addicted for profit, shall be punished as the crime of smuggling and selling drugs.

Article 13 Drugs mentioned in these Provisions refer to opium, heroin, methamphetamine (ice), morphine, marijuana, cocaine and other narcotic drugs and psychotropic substances that can make people addicted as stipulated by the state. The specific varieties are subject to the Catalogue of Narcotic Drugs and the Catalogue of Psychotropic Drugs issued by the US Food and Drug Administration, the Ministry of Public Security and the Ministry of Health.

The term "drug-making articles" as mentioned in these Provisions refers to acetic anhydride, ether, chloroform or other raw materials or preparations used to make drugs as stipulated in the first paragraph of Article 350 of the Criminal Law, and the specific variety range is determined in accordance with the provisions of the state on the management of precursor chemicals.

Fourteenth drugs that can be converted into heroin are not explicitly stipulated in these Provisions, and can be converted with reference to the conversion standards of narcotic drugs and psychotropic drugs.

Fifteenth the provisions of the filing standards are applicable to crimes committed by relevant units, except as otherwise provided by laws and judicial interpretations.

Article 16 "above" in these Provisions includes this number.

Seventeenth the provisions shall come into force as of the date of issuance.