[Case Review].
For reselling 260 yuan of analgesic prescription drugs *** madol sustained-release tablets and aminophen oxycodone tablets in the patient group, Liao, a "post-75" woman in Guangzhou, was arrested across the province of Shandong, and her suspected crime was drug trafficking.
After her father died of illness, he left a lot of medicine, and after being introduced by a patient, she added a WeChat medicine to the group, and a group friend with the nickname "Wang" bought 50 *** madol sustained-release tablets and 22 aminophen oxycodone tablets from her.
Dong Mouxiang, a drug addict in Yangxin County, Binzhou City, Shandong Province, took the initiative to report to ** after purchasing the above drugs from Liao Hua. Relevant chat records show that when ** the above-mentioned medicines, the other party once said to Liao Hua: "I skated before, and now I can't buy them, use these drugs instead!."It's still a bit addictive!It's so hard to quit. Liao Hua said that she did not realize that the person who bought the medicine was a drug addict, and the other party said that she had "skated on the ice", and she didn't pay much attention to it at the time, and she didn't know that this sentence meant that she had taken drugs.
On August 31, 2023, the Yangxin County Court made a first-instance judgment in this case: Liao Hua committed the crime of drug trafficking and was sentenced to two months' detention, suspended for three months, and fined 1,000 yuan. Liao Hua appealed against the first-instance verdict.
[Hanji Lawyer on Law].
In this case, Liao's subjective resale of drugs was only for the purpose of reselling prescription drugs, and there was no intention to sell drugs when releasing information on reselling drugs, and Liao Hua's cognition of the nature and function of drugs only stayed at the level of drugs, and the transfer of drugs was only an act of taking what patients needed.
When Dong explained that he should pay attention when he skated, he was negligent and did not pay attention, and it was indeed negligent, and it was difficult for the general public to understand the actual meaning of skating, Liao Hua argued that she did not know that "skating" at that time meant that she had taken drugs, and she did not expect that the other party was a drug addict.
According to Liao's reply to Dong's chat record, Liao said, "I don't specialize in selling medicine, this medicine is a painkiller prescribed by my father's pain doctor after surgery." Now I don't need it, and I feel that it is a waste to transfer.
Therefore, although there is objectively an act of reselling drugs, there is subjective doubt about whether Liao subjectively intentionally did in the process of reselling, and it cannot be determined that Liao's crime of drug trafficking naturally constituted, and the subjective purpose is the focus of investigation.
The court of first instance did not support the defender's suggestion that the circumstances were minor and that the criminal punishment should be waived. The case is currently in the process of second instance.
[Hanji lawyer reminds].
According to the provisions of Article 357 of the Criminal Law, narcotics refer to opium, methamphetamine (morphine, cocaine, and other substances and psychotropic substances that can make people addicted. Second, the objective act of drug trafficking refers to the act of transferring drugs for compensation, that is, the perpetrator delivers drugs to the other party and obtains material benefits from the other party. Trafficking can be both overt and clandestine;It may be that the actor requests the other party to purchase it, or the other party requests the actor to transfer it;It may be delivered directly to the other party or indirectly.
**Madox sustained-release tablets and aminophen oxycodone tablets are commonly used in clinical central analgesic drugs, generally used for moderate and severe pain, belonging to psychotropic drugs, and this kind of drugs have a certain degree of addiction while relieving pain, and are national controlled drugs, which cannot be purchased in general pharmacies and on the Internet, and can only be purchased in general hospitals with prescription psychotropic drugs. According to the state's regulations on the management of narcotics, for the purpose of making profits, traffickers of psychotropic drugs that can cause people to become addicted to the drug shall be investigated for criminal responsibility for the crime of drug trafficking.
Link to the law: Article 347 Smuggling, selling, transporting, and manufacturing drugs, regardless of the quantity, shall be investigated for criminal responsibility and punished. Whoever smuggles, sells, transports, or manufactures narcotics in any of the following circumstances shall be sentenced to 15 years imprisonment, life imprisonment or death, and shall also be sentenced to confiscation of property
1) Smuggling, selling, transporting, or manufacturing more than 1 kilogram of opium, ** or more than 50 grams of methamphetamine, or other drugs in large quantities;
2) Ringleaders of drug smuggling, trafficking, transporting, and manufacturing syndicates;
3) Armed cover for smuggling, trafficking, transporting, or manufacturing narcotics;
4) Violently resisting inspection, detention, or arrest, where the circumstances are serious;