Hefei People's Procuratorate

Indictment

HJXS [2020] No. 9

The defendant Qi Yuzhi, male, was born in Quanjiao County, Anhui Province on * * *, 1988, with ID card number 3411241988 ****************, Han nationality, primary school education, self-employed, and registered at * * Group * *, * * Village, * * Town, Quanjiao County, Anhui Province. Qi Yuzhi, the defendant, was sentenced to three years and two months in prison by the People's Court of Jiawang District, Xuzhou City, Jiangsu Province on December 26, 2016 for the crime of illegal trade in guns and ammunition, and was released after serving his sentence on June 24, 2018; He was also detained by the Anti smuggling Branch of Hefei Customs Office in Xinqiao Airport on July 5, 2019 on suspicion of drug smuggling, and arrested by the Anti smuggling Branch of Hefei Customs Office in Xinqiao Airport on the same day with the approval of the Court on August 7, 2019.

The case was investigated and concluded by the Anti smuggling Branch of Hefei Customs Office in Xinqiao Airport. The defendant Qi Yuzhi was suspected of drug smuggling and was transferred to our court for review and prosecution on October 7, 2019. After accepting the case, the court has informed the defendant according to law that he has the right to entrust defenders and the possible legal consequences of pleading guilty and accepting punishment, interrogated the defendant according to law, listened to the opinions of the defendant and his defenders, and reviewed all case materials. During the period, it shall be returned to the investigation organ for supplementary investigation once, and the time limit for examination and prosecution shall be extended according to law. Qi Yuzhi, the defendant, agreed that the case should be tried by ordinary procedure.

After legal review, it is found that:

In June 2019, the defendant Qi Yuzhi purchased 100 triazolam tablets (commonly known as "JMG, 025") from Japan through WeChat with people nicknamed "this number does not collect money" (unknown identity) and "Tingting Baby" (unknown identity). In order to avoid customs supervision, Qi Yuzhi used the address "* * Building, * * Community, * * Town, Quanjiao County, Chuzhou City, Anhui Province" The recipient's name is "Sha", the recipient's telephone number is "1555230 * * * *" and other false information is received. On July 3, 2019, the mail with the package number of EG703261463JP and the declared product name of "Vitamin" was mailed into the country from Hefei International Mail Exchange Bureau. On the 5th of that month, Qi Yuzhi was caught by the investigation organ on the spot when picking up a piece at the gate of * * Community, * * Town, Quanjiao County, and 10 grams of suspected drugs were found in the mail.

After identification, triazolam components were detected in the above drug suspects.

The evidence for ascertaining the above facts is as follows:

1. Material evidence: mobile phone used by the defendant; 2. Documentary evidence: case acceptance registration form, capture process, criminal judgment, household registration certificate, etc; 3. The defendant Qi Yuzhi's statement and defense; 4. Drug inspection report and judicial expertise opinion; 5. Detention records, weighing records and relevant photos.

The above evidence collection procedure is legal and the content is objective and true enough to identify the facts of the allegations. The defendant Qi Yuzhi has no objection to the facts and evidence of the alleged crime and voluntarily pleads guilty and accepts punishment.

The Court believes that the defendant Qi Yuzhi has violated the national drug management regulations, evaded customs supervision, and smuggled 10 grams of triazolam from abroad for the purpose of trafficking. His behavior has violated the first and fourth paragraphs of Article 347 of the Criminal Law of the People's Republic of China. The criminal facts are clear, the evidence is reliable and sufficient, and he should be investigated for criminal responsibility for the crime of drug smuggling and trafficking. Qi Yuzhi, the defendant, who was sentenced to fixed-term imprisonment for intentional crime, commits a crime that should be sentenced to fixed-term imprisonment or more within five years after the completion of the sentence. He is a recidivist and shall be given a heavier punishment according to the first paragraph of Article 65 of the Criminal Law of the People's Republic of China. The defendant Qi Yuzhi now voluntarily pleads guilty and pleads guilty to punishment. According to Article 15 of the Criminal Procedure Law of the People's Republic of China, he can be lenient. In accordance with the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if you initiate a public prosecution, please be sentenced according to law.

Sincerely

Hefei Intermediate People's Court of Anhui Province

Inspector Chen Sheng

January 9, 2020