Criminal Law of the People's Republic of China

Article 347 Crimes of smuggling, trafficking in, transporting or manufacturing narcotic drugs

Whoever smuggles, sells, transports or manufactures narcotic drugs, regardless of the quantity, shall be investigated for criminal responsibility and given criminal punishment.

Whoever smuggles, traffics in, transports or manufactures narcotic drugs shall, under any of the following circumstances, be sentenced to fixed-term imprisonment of 15 years, life imprisonment or death and also to confiscation of property:

(1) smuggling, trafficking in, transporting or manufacturing opium of not less than one kilogram, heroin or methamphetamine of not less than 50 grams, or other narcotic drugs in large quantities;

(2) ringleaders in smuggling, trafficking, transporting or manufacturing narcotic drugs;

(3) armed cover for smuggling, trafficking, transporting or manufacturing narcotic drugs;

(4) Violently resisting inspection, detention or arrest, if the circumstances are serious;

(5) participating in organized international drug trafficking activities.

Whoever smuggles, traffics in, transports or manufactures opium of not less than 200 grams but not more than 1 kilogram, heroin or methamphetamine of not less than 10 grams but not more than 50 grams or other narcotic drugs in relatively large quantities shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.

Whoever smuggles, traffics in, transports or manufactures opium of less than 200 grams, heroin or methamphetamine of less than 10 grams or any other narcotic drugs in small quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Where a unit commits any of the crimes specified in paragraphs 2, 3 or 4, a fine shall be imposed on the unit, and the persons directly in charge and other persons directly responsible for the crime shall be punished in accordance with the provisions of these paragraphs.

Whoever uses or instigates minors to smuggle, sell, transport or manufacture narcotic drugs, or sells narcotic drugs to minors, shall be given a heavier punishment.

For those who repeatedly smuggle, sell, transport or manufacture narcotic drugs without treatment, the quantity of narcotic drugs shall be calculated cumulatively.

This article refers to the provisions on the crimes of smuggling, selling, transporting and manufacturing drugs and their criminal penalties, which are divided into seven paragraphs.

The first paragraph of this article provides that the smuggling, trafficking, transportation and manufacture of drugs, regardless of their quantity, shall be subject to criminal punishment. Any person who smuggles, sells, transports or manufactures narcotic drugs, regardless of the quantity, shall constitute a crime and be subject to criminal punishment. The provisions of this section reflect the determination and intensity of our country to crack down on drug crimes.

The second paragraph of this article stipulates how to punish those who smuggle, sell, transport or manufacture drugs in serious circumstances. Among them," smuggling "refers to the act of carrying, transporting or mailing drugs into or out of the country illegally or at the border. "Trafficking in drugs" means the illegal sale of drugs, both wholesale and retail; A person who buys drugs for the purpose of trafficking also sells drugs." "Transport" of drugs means the transport of drugs from one place to another by means of aircraft, trains, automobiles, ships or by means of carry-on. Drug traffickers who transport drugs shall be convicted according to drug trafficking; Whoever is responsible for the transport of drugs in a drug trafficking group or joint crime shall be convicted according to the charges of group crime or joint crime." Manufacturing "drugs" refers to the illegal extraction of drugs from the original plants of drugs or the use of chemical decomposition, synthesis and other methods to make drugs. The provisions of this Article shall not apply to the production, manufacture, transport and sale of narcotic drugs and psychotropic drugs in accordance with State laws and regulations for the purposes of medical treatment, scientific research and teaching.

In accordance with the actual situation of China's fight against drug crimes in recent years, and with reference to the provisions of international conventions, this paragraph specifies five circumstances under which fixed-term imprisonment of 15 years, life imprisonment and death penalty are applicable: (1)" smuggling, trafficking in, transporting or manufacturing opium of more than one kilogram, heroin or methamphetamine of more than 50 grams, or a large quantity of other drugs." The quantity of drugs is one of the main plots in drug crimes. The different quantity criteria for opium and heroin are based on the actual proportion of opium that can be made into heroin. In theory, ten grams of opium can be made into one gram of heroin, but due to the limitations of the manufacturer's technology, equipment and other conditions, it is actually about 20 grams of opium to extract one gram of heroin. In the light of this actual situation, the article determines different amounts of opium and heroin on the basis of the principle of twenty to one. Methamphetamine is a psychotropic drug, a stimulant, because of its solid shape is crystal, like rock sugar, commonly known as "ice". In recent years, in Southeast Asia, the trafficking of "ice" drugs is more serious, and in China, there have been smuggling and trafficking of "crystal meth" crimes, in order to prevent the spread of this crime, according to the harm of "crystal meth", this article stipulates the quantity standard of its punishment according to heroin. This is not to say that the two are equally toxic. Heroin is a narcotic drug, and methamphetamine is a psychotropic drug, it is difficult to make a simple analogy between the two, this article is from its comprehensive harm to the society to consider the provisions made, expressed our country's "meth" crime to crack down on the attitude." "Other drugs" refers to drugs other than opium, heroin, methamphetamine, such as morphine, yellow peel, etc.

Due to the complexity of the situation, only "large quantities" are provided for in this article. According to the Interpretation of the Supreme People's Court on Issues related to the Standards of Conviction and Sentencing in the Trial of Drug Cases," large quantities of other drugs "mainly include: (1) Amphetamine-type drugs (except methamphetamine) more than 100 grams; 5 kg of hemp oil, 10 kg of hemp fat, 150 kg of hemp leaves and marijuana cigarettes or more; ③ more than 50 grams of cocaine; ④ more than 100 grams of morphine; ⑤ More than 250 grams of meterol (demerol) (injection 100mg/ dose specification

More than 2,500 units of the 50mg/ unit specification of more than 5,000 units; More than 10,000 tablets of 25mg/ tablet specification, more than 5,000 tablets of 50mg/ tablet specification); ⑥ more than 10 mg dihydroetorphine hydrochloride (injection or tablet 20ug/ branch, tablet size of 500 or more); ⑦ More than 200 kg of caffeine; ⑧ more than 200 kg of rhizome shells; (9) Large quantities of drugs other than those mentioned above. (2) The four circumstances specified in subparagraphs (2) to (5) are those in which, although the quantity of drugs does not reach the standard specified in subparagraph (1), a person shall be sentenced to fixed-term imprisonment of 15 years, life imprisonment or death. Among them," ringleader of a smuggling, trafficking, transporting and manufacturing drug syndicate "refers to a criminal who plays the role of organizing, planning and directing in a group drug crime. "Armed cover for smuggling, trafficking in, transporting or manufacturing narcotic drugs" means that in the course of smuggling, trafficking in, transporting or manufacturing narcotic drugs, criminals carry their own guns and ammunition or employ armed personnel for escort, cover or guard, and are always ready to enter with the State law enforcement organs and law-enforcement personnel

Act of armed confrontation." "Who violently resists inspection, detention or arrest, and the circumstances are serious," means that when law enforcement departments are investigating drug crimes, drug criminals use violence to resist the inspection of their bodies, belongings, homes, etc., or resist their detention or arrest according to law, and the circumstances are serious. "Serious circumstances" means causing injury to law enforcement officers, or engaging in premeditated and organized violent resistance. "Participating in organized international drug trafficking" mainly means participating in the criminal activities of international drug trafficking groups. There are

"Organized international drug trafficking activities" refers to transnational drug trafficking activities carried out in a planned, divided division of labor and under command, whose smuggling or drug trafficking activities involve multiple countries or overseas regions. According to the provisions of this paragraph, any person who falls under the above five circumstances shall be sentenced to 15 years' imprisonment, life imprisonment or death if there are no statutory mitigating circumstances.

The third paragraph of this article provides for criminal penalties for smuggling, trafficking, transporting and manufacturing drugs in large quantities." "More than 200 grams of opium" and "more than 10 grams of heroin or methamphetamine" are included in this amount; Opium "less than one kilogram", heroin or methamphetamine "less than 50 grams" are not included in this figure. If the amount amounts to one kilogram of opium or 50 grams of heroin or methamphetamine, the person shall be punished in accordance with the provisions of paragraph 2 of this Article. According to the provisions of this paragraph, anyone who smuggles, traffics in, trantains or manufactures opium of not less than 200 grams but not more than 1 kilogram, heroin or methamphetamine of not less than 10 grams but not more than 50 grams, or other drugs in relatively large quantities shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined, if there are no circumstances of statutory mitigation. According to the Supreme People's Court's "Interpretation on Issues related to the Standards of Conviction and Sentencing in the Trial of Drug Cases"," other drugs in large quantities "mainly include: (1) Amphetamine-type drugs (except methamphetamine) more than 20 grams and less than 100 grams; (2) hemp oil of less than 1 kg and less than 5 kg, hemp fat of more than 2 kg and less than 10 kg, hemp leaves and marijuana cigarettes of more than 30 kg and less than 150 kg; (3) more than 10 grams of cocaine and less than 50 grams; (4) more than 20 grams of morphine less than 100 grams; Pethidine (demerol) is more than 50 grams and less than 250 grams (injection of 100mg/ tablet size is more than 500 pieces and less than 2,500 pieces, 50mg/ tablet size is more than 1,000 pieces and less than 5,000 pieces; Tablet 25mg/ tablet specification of more than 2,000 pieces less than 10,000 pieces, 50mg/ tablet specification of more than 1,000 pieces less than 5,000 pieces); (6) dihydroetorphine hydrochloride more than 2 mg and less than 10 mg (injection or tablet 20ug/ branch, 100 pieces of tablet size, more than 500 pieces and tablets); (7) Caffeine more than 50 kg less than 200 kg; (8) poppy husks of not less than 50 kg but not more than 200 kg; (9) the quantity of other drugs other than the above-mentioned drugs is relatively large.

The fourth paragraph of this article provides for criminal penalties for smuggling, trafficking, transporting and manufacturing a small amount of drugs. Opium "less than 200 grams", heroin or methamphetamine "less than 10 grams" are not included in this number. Whoever reaches the above-mentioned quantity of narcotic drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. According to the judicial interpretation, "serious circumstances" mainly include: (1) smuggling, selling, transporting or manufacturing opium of more than 140 grams and less than 200 grams, heroin or methamphetamine of more than 7 grams and less than 10 grams, or other comparable quantities of drugs; (2) State functionaries smuggling, manufacturing, transporting or selling narcotic drugs; (3) selling drugs in drug rehabilitation supervision places; (4) Drug trafficking to more than one person or multiple times; (5) Other serious acts.

The fifth paragraph of this article is about how to punish a unit for the crimes specified in the second, third and fourth paragraphs. Where a unit commits the crime prescribed in the second, third and fourth paragraphs of this article, it shall be fined, and the persons directly in charge of the unit and other persons directly responsible for the crime shall be punished in accordance with the provisions of the second, third and fourth paragraphs of this Article.

Paragraph 6 of this article provides for heavier punishment for those who use or instigate minors to smuggle, sell, transport or manufacture drugs or sell drugs to minors." "Use" means that drug criminals employ, buy, coerce or other means to cause minors to participate in the criminal activities of smuggling, selling, transporting or manufacturing drugs. For example, children are allowed to carry drugs into and out of the country, across borders, or from one place to another, while criminals are behind the scenes, directing and orchestrating." "Instigation" refers to the behavior of drug criminals instigating or enticing minors to commit drug crimes. "Minor" means a person under the age of 18. For those who instigated minors to commit crimes, if they instigated drug smuggling, it is the crime of drug smuggling; If it is instigated drug trafficking, it is the crime of drug trafficking, even if the institor himself does not personally participate in the smuggling or drug trafficking activities carried out by the instigated person, he shall be punished in accordance with the provisions of this article.

Paragraph 7 of this article provides for the cumulative calculation of the quantity of narcotic drugs that have been repeatedly smuggled, trafficked, transported or manufactured without treatment." "Repeatedly smuggling, trafficking, transporting or manufacturing drugs without treatment", in which "repeatedly" means twice or more, including this number." The "cumulative calculation" refers to the sum of the amount of drugs smuggled, sold, transported and manufactured by criminals in each untreated case. The quantity of drugs in drug crime is directly related to the severity of punishment. In order to escape punishment, criminals often take various countermeasures. Smuggling, selling and transporting drugs in small amounts is one of the means they often use. Such a provision can prevent criminals from taking advantage of legal loopholes and is conducive to a more severe crackdown on repeat drug offenders. It should be noted in particular that this paragraph is based on the principle of prosecution of crimes in the General provisions of this Law, and for crimes that have passed the statute of limitations for prosecution, the amount of drugs should not be

Then calculate cumulatively. In addition, drug crimes that have been dealt with should be considered closed, and the amount of drugs in cases that have been dealt with should no longer be added up to the amount of drugs in cases that have not been dealt with.