1. Case:
The people's court of province and city B.
Administrative Judgments.
This court held that the procedure of the decision on compulsory isolation for drug rehabilitation made by the defendant C County Public Security Bureau was unlawful. The defendant's service of the decision on compulsory isolation for drug rehabilitation violated legal procedures. Article 40 of the "Anti-Narcotics Law of the People's Republic of China" stipulates: "Where a public security organ decides to impose compulsory isolation for drug rehabilitation on a drug addict, it shall make a decision on compulsory isolation for drug rehabilitation, and deliver it to the person subject to the decision before carrying out compulsory isolation for drug rehabilitation, and notify the family of the person subject to the decision, the unit to which he belongs, and the public security police station at the place of household registration within 24 hours after delivery. ”
In this case, after the defendant made the decision on compulsory isolation for drug rehabilitation, it was only served on the decided-being Shen Moumou and the staff of the compulsory isolation drug rehabilitation center in County C, which violated the relevant regulations, and the defendant failed to notify the plaintiff's family and the unit and the public security police station at the place of household registration within 24 hours as required when the plaintiff's family had been informed of the plaintiff's family**, which was a violation of legal procedures.
In summary, the defendant B County Public Security Bureau's decision to impose compulsory isolation for drug rehabilitation violated legal procedures and should be revoked. In accordance with the provisions of Article 70, Paragraph 1 (3) of the Administrative Litigation Law of the People's Republic of China, the judgment is as follows:
Revoke the decision of the defendant B County Public Security Bureau on May 22, 2020 to impose compulsory isolation for drug rehabilitation.
2. Relevant provisions
Anti-Narcotics Law of the People's Republic of China
Article 40, Paragraph 1 Where a public security organ decides to impose compulsory isolation for drug rehabilitation on a drug addict, it shall draft a decision on compulsory isolation for drug rehabilitation, deliver it to the person subject to the decision before carrying out compulsory isolation for drug rehabilitation, and notify the family of the person subject to the decision, the work unit to which he belongs, and the public security police substation at the place of household registration within 24 hours of delivery; Where the person subject to the decision does not state their real name or address, and their identity is unclear, the public security organs shall notify them after verifying their identity.
Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs
Article 176, Paragraph 2 Where a decision is made on community drug rehabilitation, the people of the city, neighborhood office, township, or township where the person subject to the decision is registered or currently resides shall be notified**. Where a decision is made to make a decision on compulsory isolation for drug rehabilitation, custody and education, or custody and reeducation, the family of the person subject to the decision, the unit to which he belongs, and the public security police substation for the place of household registration shall be notified within the statutory time limit.
3. Failure to deliver the certificate of compulsory isolation for drug rehabilitation in accordance with the provisions shall result in the revocation of the decision on compulsory isolation for drug rehabilitation
In accordance with the above provisions, the decision on compulsory isolation for drug rehabilitation shall be served on the person and his family. In the above case, after the defendant made a decision on compulsory isolation for drug rehabilitation on the plaintiff, it was not served on the plaintiff's family, violating the legal procedure of notifying the family, so the court ruled to revoke the decision on compulsory isolation for drug rehabilitation.
Therefore, if a public security organ makes a decision on compulsory isolation for drug addicts, it shall, in accordance with regulations, deliver the written decision on compulsory isolation for drug rehabilitation to the drug addicts, their families, and the public security police station at the place of their household registration. Otherwise, the decision to impose compulsory isolation for drug rehabilitation will be revoked.
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.