Crime of illegally providing narcotic drugs and psychotropic substances

Contract Lawyers Recent reply:

Analysis: Although in the case of the so-called "zero confession" (that is, the defendant denies all the testimony about the criminal act), it is important that there is sufficient and sufficient evidence chain to prove the fact of bribery. However, as long as the existing evidence chain has been able to fully demonstrate the case with sufficient certainty and integrity, the defendant can still be convicted even if he does not admit his own behavior involved in the case. It is very important to judge the reliability and integrity of evidence. For example, if we can build a complete and rigorous evidence chain through various forms of objective evidence, such as witness testimony, audio and video recordings, bank transfer records, and e-mail communications, so that the true situation of the case can be ruled out of reasonable doubt, then the court can judge whether the defendant has constituted a crime of bribery based on these conclusive evidence. Legal basis: Article 55 of the Criminal Procedure Law of the People's Republic of China clearly stipulates that all cases should be sentenced on the basis of evidence, investigation and research, and not credulous of oral confession. If there is only the confession of the defendant and no other evidence, the defendant cannot be found guilty and sentenced; If there is no confession from the defendant and the evidence is reliable and sufficient, the defendant can be found guilty and sentenced

Lvtu Xining Recent reply:

Analysis: When judging the crime of drug trafficking, its basis is not only limited to the number of drugs involved, but also needs to comprehensively consider the nature of the behavior of the perpetrator, the types and number of drugs, and take into account the harm degree of the behavior to society and other factors for comprehensive analysis and evaluation. Generally, if any individual or group has illegally trafficked, transported or manufactured more than 1000 grams of opium; Or heroin or methamphetamine more than 50 grams of behavior; Or it involves other large quantities of drug trading activities, which will be regarded by the court as belonging to the category of "serious circumstances" specified in the criminal law. However, for specific conviction and sentencing, it is still necessary to make more accurate judgments based on the criminal circumstances and possible adverse consequences. Legal basis: Article 347 of the Criminal Law of the People's Republic of China stipulates the punishment for smuggling, trafficking, transportation, manufacturing of drugs and illegal cultivation of drug plants, which details the sentencing standards under different circumstances.

The Law Chart Tongliao Recent reply:

Analysis: In the case of selling counterfeit drugs, there is no necessary connection between being on bail pending trial and the final verdict. According to relevant laws and regulations, all illegal acts involving drug sales will face severe criminal sanctions. Specifically, such criminals are usually sentenced to fixed-term imprisonment or detention of less than three years, with corresponding fines to be paid. When sentencing criminals, they must be judged according to the true circumstances of the crimes they have committed, the nature and circumstances of the crimes, the degree of harm to society and other factors, and in accordance with the relevant provisions of the Criminal Law of the People's Republic of China. Legal basis: Article 67 of the Criminal Procedure Law, the People's Court, the People's Procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant who is in any of the following circumstances: (1) may be sentenced to public surveillance, criminal detention or an independent supplementary punishment; （2） It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger; （3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger; （4） When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial. Obtaining a guarantor pending trial shall be executed by the public security organ.

South bank area of Lutu Recent reply:

Analysis: When addressing the topic of traffic accident crime, many victims and their families are very concerned about whether they can obtain civil compensation, including emotional damages. According to the relevant provisions of the Interpretation of the Supreme People's Court of China on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the victims and their relatives have the right to apply to the perpetrators for compensation for mental distress. However, in the actual operation process, we must realize that the determination of the amount of spiritual compensation needs to take into account many factors, such as the specific situation of the case and the local economic development. Therefore, these elements are usually comprehensively analyzed and evaluated to determine the final compensation amount. Legal basis: Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases shall be determined by the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Civil Tort Mental Damage Compensation Liability if the compensation obligee claims for compensation for mental injury consolation.

Letu Ezhou Recent reply:

Analysis: In the process of accepting a guarantor pending trial, the criminal suspect or defendant strictly abides by relevant laws and regulations and earnestly performs their duties, which does not mean that they will be doomed to imprisonment. Normally, only when it violates many restrictions set by the guarantor pending trial, or it is necessary for the case itself, the court may make a corresponding decision and decide to remand it in the supervision place. However, whether to take this action depends on the complexity of the specific case and the professional judgment of the judiciary. Legal basis: Article 79 of the Criminal Procedure Law stipulates that the people's court, the people's procuratorate and the public security organ may place a criminal suspect or defendant under residential surveillance who meets the conditions for arrest and has one of the following circumstances; （2） It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger; （3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger; （4） When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial. Obtaining a guarantor pending trial and residential surveillance shall be executed by the public security organ

Lvtu Shuangya Mountain Recent reply:

Analysis: Selling others' property is not automatically defined as theft, but this may violate others' property rights and interests. In judicial practice, theft often refers to the act of obtaining other people's property through illegal means, and the so-called sale, in essence, is the property disposal without the permission of the obligee. Such behavior may cause relevant legal issues such as embezzlement or fraud, and the specific conviction and sentencing standards will be judged according to the actual situation. The Criminal Law of the People's Republic of China has clear and detailed provisions for such crimes. Legal basis: Article 270 of the Criminal Law of the People's Republic of China, the crime of embezzlement, refers to the crime of illegally taking possession of another person's property in custody, if the amount is relatively large and he refuses to return it, or illegally taking possession of another person's forgotten or buried property, if the amount is relatively large and he refuses to hand it over, he shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine.

Lvtu Lincang Recent reply:

Analysis: The crime of drug trafficking refers to the criminal act that the perpetrator knowingly knows that the thing being sold is drugs and intentionally commits it. How to apply for bail for persons with a small amount of drug trafficking should meet the following requirements: 1. The persons involved may be sentenced to control, detention or separately applicable additional punishment by the court; 2. The persons involved may face criminal punishment of more than fixed-term imprisonment, and if they can be released on bail, they will not pose a major threat to society; 3. The criminal suspect who should have been arrested, but is suffering from serious disease, or is in pregnancy or lactation, may also be considered for bail. Legal basis: Article 67 of the Criminal Procedure Law, the People's Court, the People's Procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant who is in any of the following circumstances: (1) may be sentenced to public surveillance, criminal detention or an independent supplementary punishment; （2） It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger; （3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger; （4） When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial. Obtaining a guarantor pending trial shall be executed by the public security organ.

Lvtu Bishan District Recent reply:

Parsing: Sorry, the answer is no, and other valid documents are required. As for the determination of a criminal offence, the specific situation should be based on the evidence of the relevant case. Generally speaking, the oral statement of the defendant alone cannot be used as the basis for the determination of a case. It must be supported by the DNA test results, the victim's resistance, the defendant's coercive means and other relevant physical evidence and expert opinions. Legal basis: Article 236 of the Criminal Law [Rape] Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Whoever rapes a girl under the age of 14 shall be regarded as raping and given a heavier punishment. Whoever rapes a woman or rapes a girl under age shall, under any of the following circumstances, be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death: (1) raping a woman or having sex with a girl under age, if the circumstances are flagrant. （2） Raping women or raping many young girls. （3） Raping a woman or raping a young girl in public. （4） Gang rape by two or more persons. （5） Raping a young girl under the age of 10 or causing harm to the young girl. （6） Causing serious injury or death to the victim or causing other serious consequences.

Lvtu Ganzi Recent reply:

Analysis: According to the express provisions of our criminal code, generally speaking, the scope of theft is mainly aimed at the legitimate property of others. However, in some special circumstances, that is, when the value of the stolen thing is extremely low, or its own nature is specific, this kind of behavior may not be recognized as theft. For example, if the perpetrator of theft subjectively mistakenly thinks that the article is useless, but it actually has certain economic value, then in this case, because the circumstances are significantly minor, it may be considered as a non criminal act. However, it needs to be emphasized that whether an act constitutes a crime must be comprehensively analyzed and judged in combination with the actual situation and relevant laws and regulations, and the final adjudication power belongs to the judiciary. Legal basis: Article 264 of the Criminal Law of the People's Republic of China, whoever steals public or private property in a relatively large amount or repeatedly, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property. Where this Law provides otherwise, such provisions shall prevail.

Lvtu Qujing Recent reply:

Analysis: According to the relevant provisions of the Criminal Law of the People's Republic of China, those who knowingly know that others are using the information network to carry out criminal activities, but still take one of the following six acts, will be identified as the crime of helping information network criminal activities. These six acts are as follows: 1. Providing criminals with Internet access services; 2. Provide server hosting services; 3. Provide network storage space; 4. Provide technical support such as communication transmission; 5. Provide assistance in advertising promotion; 6. Provide auxiliary work in payment and settlement. Legal basis: Article 12 of the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases such as Illegal Use of Information Networks and Assistance in Criminal Activities of Information Networks, which clearly knows that others use information networks to commit crimes and provide assistance for their crimes, shall be deemed as "serious circumstances" as stipulated in Paragraph 1 of Article 287-2 of the Criminal Law in one of the following circumstances: (1) Providing help to more than three objects; （2） The settlement amount is more than 200000 yuan; （3） Providing more than 50000 yuan in the form of advertising; （4） The illegal income is more than 10000 yuan; （5） Having received administrative punishment for illegal use of information network, helping information network criminal activities, endangering the security of computer information system, and helping information network criminal activities within two years; （6） The crime committed by the object of assistance has caused serious consequences; （7） Other serious circumstances. If it is really impossible to verify whether the object of assistance has reached the level of crime due to the restriction of objective conditions when the act specified in the preceding paragraph is carried out, but the total amount of the relevant amount has reached more than five times the standard specified in items 2 to 4 of the preceding paragraph, or has caused particularly serious consequences, the perpetrator shall be investigated for criminal responsibility for the crime of helping information network criminal activities.