The following is the understanding and application of drug crimes. Please check it carefully and you will know the basic situation. Understanding and Application of Drug Crimes Recently, I have consulted many drug crimes, including how to sentence them. Having the constitution of consulting crime; Consult the types of drugs; There are many questions about drug crimes. According to the Criminal Law of People's Republic of China (PRC), the Anti-drug Law of People's Republic of China (PRC) and the relevant judicial interpretation of the Supreme People's Court, this paper summarizes and expounds the related problems of drug crimes for your reference. First, the definition of drugs. Drugs refer to illegal and harmful opium, morphine, cocaine, ice and other addictive narcotic drugs and psychotropic drugs prohibited and restricted by the state. In China, opium, heroin, ice, methamphetamine, acetic anhydride, ether, chloroform, amphetamine-type drugs, sesame oil, cocaine, morphine, demerol, dihydroetorphine hydrochloride, caffeine, poppy shells and other drugs are listed as drug control. Second, the harm of drugs. Drugs flow into society and will cause serious harm to society and users after being smoked. The concrete manifestations are: (1) the harm of drug abuse to society: (1) the harm to family: once drug addicts appear in the family, the family will be gone. When drug addicts destroy themselves, they also destroy their families, leaving them in the predicament of economic bankruptcy, separation of relatives and even family destruction. (2) Great damage to social productive forces: drug abuse first leads to physical illness and affects production, followed by great loss and waste of social wealth. At the same time, drug activities have also caused environmental deterioration and narrowed the living space of human beings. (3) Drug activities disrupt social order: the intensification of drug activities induces various illegal and criminal activities, disrupts social order and poses a great threat to social stability. No matter how you take drugs, it will do great harm to your health. (2) Physical and mental harm of drug abuse: (1), physical dependence. Strong dependence caused by repeated medication. Physical dependence: drugs act on the human body, making the human body adapt to changes and forming a new equilibrium state under the action of drugs. Once the drug is stopped, the physiological function will be disordered and a series of serious reactions will occur. This is the so-called withdrawal reaction, which makes people feel very painful. In order to avoid withdrawal reaction, drug addicts must take drugs regularly and constantly increase the dose, so that drug addicts can not live without drugs all day. (2) Mental dependence. After drugs enter the human body, they act on the human nervous system, which makes drug addicts have a strong desire to take drugs and drives them to desperately seek and use drugs. Once mental dependence occurs, even after detoxification treatment, it often takes months or even years to fully restore the original physiological function after the withdrawal reaction in the acute stage is basically controlled. More seriously, dependence on drugs is difficult to eliminate. This is the reason why many drug addicts take drugs again and again, and it is also an urgent problem to be solved in the world medical community. (3), the mechanism of drug harm to human body. At present, heroin is the most popular and harmful drug in China, and heroin belongs to opium lamp drug. Endogenous opioid peptides and opioid receptors exist in normal brain and some organs. Under normal circumstances, endogenous opioid peptides act on opioid receptors and regulate people's emotions and behaviors. After taking heroin, people inhibit the production of endogenous opioid peptides and gradually form a balanced state under the action of heroin. Once heroin is stopped, they will have symptoms such as anxiety, cold and hot, goose bumps, tears, runny nose, sweating, nausea, vomiting, abdominal pain and diarrhea. The pain of this withdrawal reaction in turn urges drug addicts to do everything possible to maintain drug use in order to avoid this pain. Methamphetamine and ecstasy are central stimulants in pharmacological action, which destroy people's nerve center. Based on the above hazards, we should stay away from drugs, cherish life and care for the future. Third, the concept and characteristics of drug crime. Drug crime refers to a criminal act that violates national and international anti-drug laws and regulations and undermines anti-drug activities and should be punished. Drug crimes have the following characteristics (1): drug crimes are harmful to society; (2) Drug crime is a violation of criminal law, that is, it has criminal illegality; (3) Drug crime is a punishable act, that is, it should be punished. Four. Elements of drug crime. The constitutive elements of drug crime include: (1) the object of drug crime, that is, the anti-drug management system and social management order protected by China's criminal law and laws and regulations related to drug control; (2) The objective aspect of drug-related crimes refers to the objective external manifestations of drug-related criminal activities stipulated in China's criminal law, including harmful behaviors, harmful results, causal relationships between harmful behaviors and harmful results, etc. Among them, harmful behavior is an indispensable element; (3) The subject of drug crime refers to the natural person who has reached the legal age of criminal responsibility, has the ability of criminal responsibility, and has committed the drug crime and the criminal unit stipulated by law; (4) The subjective aspect of drug crime refers to the subject's psychological attitude towards the drug crime intentionally committed by him and its harmful social consequences. 5. Types of drug crimes. Drug crimes include: 1, crimes of smuggling, selling, transporting and manufacturing drugs; 2. Crime of smuggling and manufacturing drugs; 3. Crime of illegal drug trafficking; 4. Crime of illegal drug cultivation; 5. The crime of illegally buying, selling, transporting, carrying and possessing drug seeds and seedlings; 6. The crime of luring, abetting and deceiving others to take drugs; 7.9. The crime of illegally providing narcotic drugs and psychotropic substances 10, the crime of harboring drug criminals 1 1, the crime of harboring, transferring or concealing drugs 12, and the crime of money laundering 12. Provisions on sentencing standards for drug crimes. (1) Article 7 Crime of smuggling, selling, transporting and manufacturing drugs. Article 347 Whoever smuggles, sells, transports or manufactures drugs, regardless of the quantity, shall be investigated for criminal responsibility and given criminal punishment. Whoever smuggles, sells, transports or manufactures drugs under any of the following circumstances shall be sentenced to fixed-term imprisonment of 15 years, life imprisonment or death, and his property shall also be confiscated: (1) Smuggling, selling, transporting or manufacturing opium of more than one kilogram, heroin or methamphetamine of more than 50 grams or other drugs in large quantities; (2) ringleaders of drug smuggling, trafficking, transporting and manufacturing groups; (3) Armed cover for smuggling, trafficking, transporting or manufacturing drugs; (4) resisting inspection, detention or arrest by violence, if the circumstances are serious; (5) Participating in organized international drug trafficking activities. Whoever smuggles, sells, transports or manufactures opium of more than 200 grams but less than 1 kilogram, heroin or methamphetamine of more than 10 grams but less than 50 grams, or other drugs in relatively large quantities, shall be sentenced to fixed-term imprisonment of more than seven years and shall also be fined. Whoever smuggles, sells, transports or manufactures opium less than 200 grams, heroin or methamphetamine less than 10 grams or other small amounts of 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. Where a unit commits the crimes mentioned in the second, third and fourth paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of these paragraphs. Whoever uses or instigates minors to smuggle, sell, transport or manufacture drugs, or sells drugs to minors, shall be given a heavier punishment. Smuggling, trafficking, transporting and manufacturing drugs for many times, without treatment, the amount of drugs shall be calculated cumulatively. Article 348 Whoever illegally holds more than one kilogram of opium, more than fifty grams of heroin or methamphetamine or other drugs in huge quantities shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined; Whoever illegally possesses opium of more than 200 grams but less than 1 kilogram, heroin or methamphetamine of more than 10 grams but less than 50 grams, or other drugs in relatively large 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. Article 349 Whoever harbors criminals who smuggle, sell, transport or manufacture drugs, or conceals drugs or property obtained from crimes for criminals, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Drug dealers or other state functionaries who harbor or protect criminals who smuggle, sell, transport or manufacture drugs shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Whoever commits the crimes mentioned in the preceding two paragraphs and conspires in advance shall be punished as the crime of smuggling, selling, transporting and manufacturing drugs. Article 350 Whoever, in violation of state regulations, illegally transports or carries acetic anhydride, ether, chloroform and other raw materials or preparations used in the manufacture of drugs into or out of the country, or illegally buys or sells the above-mentioned articles in China in violation of state regulations, 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 number is relatively large, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Whoever knowingly provides the goods specified in the preceding paragraph to others shall be punished as the * * * offender of the crime of manufacturing drugs. If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs. Article 351 Anyone who illegally cultivates opium poppy, marijuana and other original drugs shall be forcibly eradicated. Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined: (1) planting more than 500 opium poppy plants and less than 3,000 other original drugs plants; (two) planted by the public security organs; (3) Resist eradication. Whoever illegally grows more than 3,000 opium poppies or other narcotic plants shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or confiscated. Illegal cultivation of opium poppy or other original plants of drugs, which are automatically eradicated before harvest, can be exempted from punishment. Article 352 Whoever illegally buys, sells, transports, carries or holds a large number of seeds or seedlings of original plants of drugs such as opium poppy that have not been inactivated shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also or only be fined. Article 353 Whoever lures, instigates or deceives others to take or inject 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. Whoever forces others to take or inject drugs shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Whoever lures, instigates, deceives or forces minors to take or inject drugs shall be given a heavier punishment. Article 354 Whoever allows others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined. Article 355 Whoever, in violation of state regulations, produces, transports, markets and uses narcotic drugs and psychotropic drugs under state control according to law, and provides narcotic drugs and psychotropic drugs prescribed by the state to people who take or inject addictive drugs, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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. Whoever provides narcotic drugs under state control and psychotropic drugs that can make people addicted to drugs to criminals who smuggle and sell drugs or people who take or inject drugs for profit shall be convicted and punished in accordance with the provisions of Article 347 of this Law. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Article 356 Whoever is sentenced for the crime of smuggling, trafficking, transporting, manufacturing or illegally possessing drugs and commits the crime specified in this section shall be given a heavier punishment. Article 357 The term "drugs" as mentioned in this Law refers to opium, heroin, methamphetamine (ice), morphine, marijuana, cocaine and other narcotic drugs and psychotropic drugs prescribed by the state that can make people addicted. The number of drugs is calculated by the number of smuggled, trafficked, transported, manufactured and illegally held drugs, and the purity is not converted. (2) Interpretation of issues related to conviction and sentencing standards in drug cases. (Law Interpretation [2000] 13, adopted at the 1 10 meeting of the Supreme People's Court Judicial Committee on April 20, 2000, and implemented as of June 10. In order to severely punish drug crimes according to law, according to the provisions of Section 7 of Chapter VI of the Specific Provisions of the Criminal Law, the relevant issues concerning the conviction and sentencing standards of drug cases are explained as follows: Article 1 Whoever smuggles, sells, transports, manufactures or illegally possesses the following drugs shall be deemed as "other drugs are in large quantities" as stipulated in Article 347, and Item (1) of Paragraph 2 of Article 348 of the Criminal Law: (1) Amphetamines (methamphetamine). (3) More than 50 grams of cocaine; (4) Morphine100g or more; (5) Demerol (Demerol) is more than 250g (injection 100mg/ tablet is more than 2500 tablets, and 5000 tablets is more than 50mg/ tablet); 25mg/ tablet size 10000 or more, 50mg/ tablet size 5000 or more); (six) more than ten milligrams of dihydroetorphine hydrochloride (injection or tablet 20 micrograms/tablet, tablet size more than 500 tablets); (seven) caffeine more than two hundred kilograms; (eight) poppy shell more than two hundred kilograms; (9) The amount of drugs other than the above drugs is relatively large. Article 2 Whoever smuggles, sells, transports, manufactures or illegally holds the following drugs shall be deemed as "other drugs are in a large quantity" as stipulated in the third paragraph of Article 347 and Article 348 of the Criminal Law: (1) Amphetamine drugs (except methamphetamine) are more than 20 grams but less than 100 grams; (2) The hemp oil 1 kg is less than 5 kg, the cannabis resin is less than 2 kg 10 kg, and the cannabis leaf and tobacco are less than 30 kg 150 kg; (three) cocaine 10 grams but less than 50 grams; (four) more than twenty grams of morphine and less than one hundred grams; (5) Demerol (Demerol) is more than 50g and less than 250g (injection 1000 mg/tablet is more than 500 tablets and less than 2500 tablets, and 50mg/ tablet is more than1000 tablets and less than 5000 tablets); 25mg/ tablet with a specification of more than 2,000 tablets but less than 10000 tablets, 50mg/ tablet with a specification of more than 1000 tablets but less than 5,000 tablets); (6) dihydroetorphine hydrochloride is more than 2 mg and less than 10 mg (20 micrograms for injection or tablet, 100 tablets, more than 500 tablets and less than 500 tablets); (seven) caffeine more than fifty kilograms but less than two hundred kilograms; (eight) poppy shell more than fifty kilograms but less than two hundred kilograms; (9) Drugs other than the above drugs are in relatively large quantities. Article 3 Under any of the following circumstances, it can be considered as "serious circumstances" as stipulated in the fourth paragraph of Article 347 of the Criminal Law: (1) Smuggling, selling, transporting or manufacturing opium of more than 140 grams but less than 200 grams, heroin or methamphetamine of more than 7 grams but less than 10 grams, or other equivalent drugs; (2) State functionaries smuggle, manufacture, transport or sell drugs; (3) selling drugs in drug rehabilitation supervision places; (four) drug trafficking to many people or drug trafficking for many times; (5) Other serious acts. Article 4 Whoever, in violation of state regulations, illegally transports or carries acetic anhydride, ether, chloroform and other raw materials or preparations used for the manufacture of drugs into or out of the country, or illegally buys or sells them into or out of the country, and reaches the following quantitative standards, shall be convicted and punished in accordance with the provisions of the first paragraph of Article 350 of the Criminal Law: (1) Ephedrine, pseudoephedrine and their salts, and unilateral preparations of more than 5 kilograms but less than 50 kilograms; Herba Ephedrae extract and Herba Ephedrae extract powder are more than100kg but less than100kg; (two) acetic anhydride, chloroform more than 200 kg but less than 2000 kg; (three) ether more than four hundred kilograms but less than three thousand kilograms; (4) raw materials or preparations used for the manufacture of drugs other than the above-mentioned raw materials or preparations, the quantity of which is equivalent. Whoever, in violation of state regulations, illegally transports, takes out of the country or illegally buys and sells raw materials or ingredients used in the manufacture of drugs in China, exceeding the quantity standards listed in the preceding paragraph, shall be deemed as "a large quantity" as stipulated in the first paragraph of Article 350 of the Criminal Law. Article 5 Whoever illegally cultivates more than 5,000 cannabis plants but less than 30,000 cannabis plants shall be deemed as "a large number" as stipulated in Item (1) of Paragraph 1 of Article 351 of the Criminal Law; Illegal cultivation of more than 30,000 cannabis plants shall be recognized as "a large number of illegal cannabis plants" as stipulated in the second paragraph of Article 351 of the Criminal Law.