1. Cases
The People's Court of County B of Province A.
Administrative Judgments.
This court believes that according to the first paragraph of Article 38 of the "Anti-drug Law of the People's Republic of China", "if a drug addict has any of the following circumstances, the people's ** public security organ at or above the county level shall make a decision on compulsory isolation for drug rehabilitation......The defendant county public security bureau has the statutory duty to make a decision on compulsory isolation for drug addicts. According to Articles 7 and 8 of the Measures for the Determination of Drug Addiction, a drug addict shall first be determined whether he or she has become addicted to drugs according to his circumstances, and then whether he or she has serious drug addiction according to his circumstances.
In the opinion on the determination of drug addiction, the defendant not only determined that the plaintiff was addicted to drugs, but also determined that the plaintiff's drug addiction was serious, and the procedure was unlawful. According to the second paragraph of Article 38 of the "Anti-Narcotics Law of the People's Republic of China", "for persons who are seriously addicted to drugs and it is difficult to get rid of drug addiction through community drug rehabilitation, the public security organs may directly make a decision on compulsory isolation for drug rehabilitation", the defendant directly made the decision to impose compulsory isolation for drug rehabilitation for two years without evidence to prove that the plaintiff could not get rid of drug addiction through community drug rehabilitation, which is the main evidence insufficient. The plaintiff's claim to revoke the defendant's Decision on Compulsory Isolation for Drug Rehabilitation is based on the law, and this court supports it. In accordance with the provisions of Article 70 (1) and (3) of the Administrative Litigation Law of the People's Republic of China, the judgment is as follows:
Revoke the "Decision on Compulsory Isolation for Drug Rehabilitation" made by the Public Security Bureau of County B.
2. Relevant provisions
Measures for the Identification of Drug Addiction
Article 7 Where a drug addict has the following circumstances at the same time, the public security organs shall determine that he is addicted to drugs:
1) Tests of human biological samples such as blood, urine, and saliva prove that they contain narcotic ingredients in their bodies;
2) There is evidence to prove that they have used drugs;
3) Have withdrawal symptoms or evidence to prove a history of drug use, including those who have been investigated and punished by the public security organs for drug use, who have been voluntarily detoxified, and who have been found to have drug components detected in human hair samples.
The specific circumstances of withdrawal symptoms should be determined with reference to the "Guidelines for the Diagnosis of Opioid Dependence**", the "Guidelines for the Diagnosis of Amphetamine Drug Dependence**", and the "Guidelines for the Diagnosis of Dependence**" formulated by the Ministry of Health.
Article 8: Where a person addicted to drugs has any of the following circumstances, the public security organs shall determine that his drug addiction is serious:
1) Those who have been ordered to undergo drug rehabilitation in the community, compulsory isolation for drug rehabilitation (including compulsory drug rehabilitation or drug rehabilitation before the implementation of the "Drug Control Law"), community drug rehabilitation, or participated in drug rehabilitation, and have taken or injected drugs again;
2) There is evidence showing that they used drugs by injection or that at least three uses involved two or more types of drugs;
3) There is evidence showing that their use of drugs was accompanied by acts such as gathering a crowd to commit sexual immorality, self-harm, or violently encroaching on the safety of others' persons or property, or endangering public safety.
3. Only on the basis of determining the drug addiction's drug addiction can the drug addiction be determined to be serious, otherwise, the decision on compulsory isolation for drug rehabilitation will be revoked
According to the above-mentioned provisions, it is necessary to first determine that a drug addict is addicted, and on this basis, if one of the three circumstances in Article 8 of the Measures for the Determination of Drug Addiction is met, the drug addiction can be determined to be serious.
In the above-mentioned case, it was also determined that the drug addict was addicted to drugs and had serious drug addiction, and violated the regulations, so the court revoked the decision on compulsory isolation for drug rehabilitation.
About the Author:
Lawyer Guo Xiaohang
Position: Director and Senior Partner of the Criminal Defense Center of Chongqing Jinmu Jinyang Law Firm.
Education experience: Bachelor of Laws from Southwest University, Master of Investigation from Chinese People's Public Security University.
Work experience: He has handled and reviewed criminal cases, public security punishment cases, and traffic penalty cases in public security organs for more than 10 years.
Areas of expertise: Criminal Defense, Drunk Driving Defense,Pornography, gambling, and drug security penalties, drunk driving, temporary seizure, revocation of driver's license, traffic penaltiesAdministrative reconsideration and administrative litigation
Performance: bail in criminal cases, non-prosecution, probation; **Administrative penalties such as gambling and revocation of driver's licenses have been revoked or the range of penalties has been reduced.
**10,000 Fans Incentive Plan