Joint Circular No. 07/TTLN guides the application of Article 96a and Article 203 of the Criminal Code regarding acts of buying, selling, storing, transporting, and producing opium and other narcotic substances illegally. This Circular clearly stipulates the criminal liability of violators and measures for criminal handling.
适用范围
Citizens, businesses engaging in acts of buying, selling, storing, transporting, and producing opium or other narcotic substances illegally; Supreme People's Court, Supreme People's Procuracy, Ministry of Public Security.
要点
- Any person who engages in illegal buying and selling of opium or other narcotic substances shall be criminally prosecuted under Article 96a of the Criminal Code.
- Any person who produces, transports, or stores opium illegally with a quantity of 100 grams or more shall bear criminal responsibility under Article 96a of the Criminal Code.
- Acts of buying, selling, storing, transporting, and producing opium illegally with a quantity from 1 kg to less than 3 kg or other narcotic substances of equivalent value constitute a crime when the illegal goods have a large quantity and must be criminally prosecuted under Clause 2, Article 96a of the Criminal Code.
- Acts of buying, selling, storing, transporting, and producing opium illegally with a quantity of 3 kg or more or other narcotic substances of equivalent value constitute a serious crime and must be criminally prosecuted under Clause 3, Article 96a of the Criminal Code.
- Any person organizing the use of narcotic substances in any form shall be criminally prosecuted for the crime of organizing the use of narcotic substances under Article 203 of the Criminal Code.
🌐 本文件的社会影响
- Positive impact: Helps strengthen strict handling of acts of buying, selling, storing, transporting, and producing opium and other narcotic substances illegally, protecting public health.
- Negative impact: The legal burden on citizens who may be criminally prosecuted for unclear quantities and purposes of their actions.
❓ 常见问题
How will those who engage in illegal buying and selling of opium or other narcotic substances be punished?
Any person engaging in illegal buying and selling of opium or other narcotic substances regardless of quantity must be criminally prosecuted under Article 96a of the Criminal Code.
What quantity of opium produced, transported, or stored illegally will result in criminal prosecution?
Any person producing, transporting, or storing opium illegally with a quantity of 100 grams or more must bear criminal responsibility under Article 96a of the Criminal Code.
What will be the handling of acts of buying, selling, storing, transporting, and producing opium illegally with what quantity?
Acts of buying, selling, storing, transporting, and producing opium illegally with a quantity from 1 kg to less than 3 kg or other narcotic substances of equivalent value constitute a crime when the illegal goods have a large quantity and must be criminally prosecuted under Clause 2, Article 96a of the Criminal Code. A quantity of 3 kg or more or other narcotic substances of equivalent value constitute a serious crime and must be criminally prosecuted under Clause 3, Article 96a of the Criminal Code.
How will those who organize the use of narcotic substances in any form be handled?
Any person organizing the use of narcotic substances in any form shall be criminally prosecuted for the crime of organizing the use of narcotic substances under Article 203 of the Criminal Code.
When does this Circular take effect?
This Circular takes effect from the date of issuance and replaces previous guidelines issued by the Supreme People's Court, Supreme People's Procuracy, and Ministry of Public Security on handling acts of buying, selling, storing, transporting, and producing opium or other narcotic substances illegally.
全文
CIRCULAR
OF THE MINISTRY OF HOME AFFAIRS
SUPREME PEOPLE'S PROSECUTORATE
GUIDELINES ON THE APPLICATION OF ARTICLES 96A AND 203 OF THE CRIMINAL CODE
ARTICLE 61 OF THE 1992 CONSTITUTION PROVIDES: "THE PRODUCTION, TRANSPORTATION, TRAFFICKING, STORAGE, AND USE OF OPIUM AND OTHER DRUGS ARE STRICTLY PROHIBITED." TO ENFORCE THIS PROVISION OF THE CONSTITUTION, THE SUPREME PEOPLE'S COURT, THE SUPREME PEOPLE'S PROSECUTORATE, AND THE MINISTRY OF HOME AFFAIRS UNANIMOUSLY ISSUE THESE GUIDELINES ON THE APPLICATION OF ARTICLES 96A AND 203 OF THE CRIMINAL CODE AS FOLLOWS:
1. THE DRUGS REFERRED TO IN ARTICLE 96A INCLUDE OPIUM AND OTHER DRUGS SUCH AS CANNABIS, HEROIN, MORPHINE, COCAINE, CANNEBIS, PENTANYL, PETHIDINE, ETC.
2. ANYONE WHO ENGAGES IN ILLEGAL TRAFFICKING OF OPIUM OR OTHER DRUGS, REGARDLESS OF QUANTITY AND QUALITY, SHALL BE PROSECUTED FOR THE CRIME OF ILLEGAL TRAFFICKING OF DRUGS UNDER ARTICLE 96A OF THE CRIMINAL CODE.
THE ILLEGAL TRAFFICKING OF OPIUM OR OTHER DRUGS REFERRED TO IN THIS CIRCULAR IS THE ACT OF PURCHASING WITHOUT PERMIT FOR THE PURPOSE OF SELLING AGAIN OR PURCHASING AND SELLING AGAIN OPIUM OR OTHER DRUGS, REGARDLESS OF WHETHER THERE IS A PROFIT MOTIVE OR NOT.
3. THOSE WHO ILLEGALLY PRODUCE, TRANSPORT, OR STORE OPIUM IN AMOUNTS LESS THAN 100 GRAMS WITHOUT THE INTENTION OF ILLEGAL TRAFFICKING SHALL NOT BE SUBJECT TO CRIMINAL LIABILITY, BUT SHALL BE HANDLED THROUGH ADMINISTRATIVE MEASURES.
THOSE WHO ILLEGALLY PRODUCE, TRANSPORT, OR STORE OPIUM IN AMOUNTS OF 100 GRAMS OR MORE, OR IN AMOUNTS LESS THAN 100 GRAMS BUT HAVE BEEN HANDLED ADMINISTRATIVELY FOR ILLEGAL PRODUCTION, TRANSPORTATION, OR STORAGE OF OPIUM, OR HAVE BEEN CONVICTED BUT NOT YET STRICKEN FROM THE RECORD OF CONVICTION UNDER ARTICLE 96A OF THE CRIMINAL CODE, AND THOSE WHO ILLEGALLY PRODUCE, TRANSPORT, OR STORE OTHER DRUGS IN ANY QUANTITY AND QUALITY SHALL BE PROSECUTED FOR THE CRIME OF ILLEGAL PRODUCTION, TRANSPORTATION, OR STORAGE OF DRUGS UNDER ARTICLE 96A OF THE CRIMINAL CODE.
THE ILLEGAL PRODUCTION OF OPIUM OR OTHER DRUGS REFERRED TO IN THIS CIRCULAR IS THE ACT OF PREPARING OPIUM FROM THE POPPY PLANT OR OTHER DRUGS FROM OPIUM OR OTHER DRUGS.
4. ILLEGAL TRAFFICKING, STORAGE, TRANSPORTATION, OR PRODUCTION OF OPIUM IN AMOUNTS FROM 1 KG TO LESS THAN 3 KG CONSTITUTES A CRIME IN CASES INVOLVING LARGE QUANTITIES OF ILLEGAL GOODS, AND THE PERSON COMMITTING THE CRIME SHALL BE PROSECUTED FOR THE CRIME UNDER SUBARTICLE 2 OF ARTICLE 96A OF THE CRIMINAL CODE.
ILLEGAL TRAFFICKING, STORAGE, TRANSPORTATION, OR PRODUCTION OF OPIUM IN AMOUNTS OF 3 KG OR MORE CONSTITUTES A CRIME IN ESPECIALLY SEVERE CASES, AND THE PERSON COMMITTING THE CRIME SHALL BE PROSECUTED FOR THE CRIME UNDER SUBARTICLE 3 OF ARTICLE 96A OF THE CRIMINAL CODE.
ILLEGAL TRAFFICKING, STORAGE, TRANSPORTATION, OR PRODUCTION OF OTHER DRUGS WITH A VALUE EQUIVALENT TO FROM 1 KG TO LESS THAN 3 KG OF OPIUM CONSTITUTES A CRIME IN CASES INVOLVING LARGE QUANTITIES OF ILLEGAL GOODS, AND THE PERSON COMMITTING THE CRIME SHALL BE PROSECUTED FOR THE CRIME UNDER SUBARTICLE 2 OF ARTICLE 96A OF THE CRIMINAL CODE.
ILLEGAL TRAFFICKING, STORAGE, TRANSPORTATION, OR PRODUCTION OF OTHER DRUGS WITH A VALUE EQUIVALENT TO 3 KG OR MORE OF OPIUM CONSTITUTES A CRIME IN ESPECIALLY SEVERE CASES, AND THE PERSON COMMITTING THE CRIME SHALL BE PROSECUTED FOR THE CRIME UNDER SUBARTICLE 3 OF ARTICLE 96A OF THE CRIMINAL CODE.
5. ANYONE WHO ORGANIZES THE USE OF DRUGS IN ANY FORM SHALL BE PROSECUTED FOR THE CRIME OF ORGANIZING THE USE OF DRUGS UNDER ARTICLE 203 OF THE CRIMINAL CODE, REGARDLESS OF THE NUMBER OF TIMES THE CRIME HAS BEEN COMMITTED (FIRST TIME OR MULTIPLE TIMES).
6. ANYONE WHO ORGANIZES THE USE OF DRUGS AND ALSO ENGAGES IN ILLEGAL TRAFFICKING, STORAGE, TRANSPORTATION, OR PRODUCTION OF DRUGS SHALL BE PROSECUTED FOR BOTH THE CRIME OF ORGANIZING THE USE OF DRUGS UNDER ARTICLE 203 OF THE CRIMINAL CODE AND THE CORRESPONDING CRIME UNDER ARTICLE 96A OF THE CRIMINAL CODE.
7. FOR THOSE WHO COMMIT THE CRIME UNDER ARTICLE 96A OF THE CRIMINAL CODE, IT IS NECESSARY TO APPLY THE ADDITIONAL PENALTY OF COMPULSORY RESIDENCE RESTRICTION OR BAN ON RESIDENCE FOR A PERIOD OF 1 TO 5 YEARS (SUBARTICLE 2 OF ARTICLE 100 OF THE CRIMINAL CODE), TO INCREASE THE APPLICATION OF ADDITIONAL PENALTIES SUCH AS FINES (SUBARTICLE 3 OF ARTICLE 100 OF THE CRIMINAL CODE) AND CONFISCATION OF PART OR ALL OF THE PROPERTY (SUBARTICLE 4 OF ARTICLE 100 OF THE CRIMINAL CODE).
FOR THOSE WHO COMMIT THE CRIME UNDER ARTICLE 203 OF THE CRIMINAL CODE, IT IS NECESSARY TO INCREASE THE APPLICATION OF ADDITIONAL PENALTIES SUCH AS COMPULSORY RESIDENCE RESTRICTION OR BAN ON RESIDENCE FOR A PERIOD OF 1 TO 5 YEARS (SUBARTICLE 2 OF ARTICLE 218 OF THE CRIMINAL CODE), FINES, AND CONFISCATION OF PART OF THE PROPERTY (SUBARTICLE 3 OF ARTICLE 218 OF THE CRIMINAL CODE).
8. THIS CIRCULAR SHALL TAKE EFFECT FROM THE DATE OF SIGNATURE AND REPLACE THE PRIOR GUIDELINES ISSUED BY THE SUPREME PEOPLE'S COURT, THE SUPREME PEOPLE'S PROSECUTORATE, AND THE MINISTRY OF HOME AFFAIRS ON THE HANDLING OF ILLEGAL TRAFFICKING, STORAGE, TRANSPORTATION, OR PRODUCTION OF OPIUM OR OTHER DRUGS.
FOR ILLEGAL TRAFFICKING, STORAGE, TRANSPORTATION, OR PRODUCTION OF OPIUM OR OTHER DRUGS THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THIS CIRCULAR BUT HAVE NOT BEEN INITIATED, PROSECUTED, OR TRIED, THE PROCEDURE SHALL BE FOLLOWED ACCORDING TO THE GUIDELINES SET OUT IN THIS CIRCULAR.
FOR CASES THAT HAVE BEEN TRIED AT FIRST INSTANCE OR APPEAL BEFORE THE EFFECTIVE DATE OF THIS CIRCULAR ACCORDING TO PRIOR GUIDELINES, IF THERE IS AN APPEAL FOR A MORE SEVERE SENTENCE, THE APPEAL AND REHEARING SHALL BE HANDLED ACCORDING TO THE GUIDELINES SET OUT IN THIS CIRCULAR.
FOR JUDGMENTS THAT HAVE ACQUIRED LEGAL FORCE BEFORE THE EFFECTIVE DATE OF THIS CIRCULAR AND WERE TRIED ACCORDING TO PRIOR GUIDELINES, THE GUIDELINES SET OUT IN THIS CIRCULAR SHALL NOT BE USED TO FILE A PETITION FOR REVIEW.
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