Hefei People's Procuratorate

Indictment

HJGYQS [2015] No. 112

The defendant, Mai Haifan (nicknamed "Brother Hai"), male, born on * * *, 1967, ID card number 4406201967 ****************, Han nationality, junior high school education, unemployed, was born in Zhongshan City, Guangdong Province, whose registered permanent residence is No. * *, * * Street, * * Town, Zhongshan City, Guangdong Province, and now lives in Room * *, * * Building, * * Community, * * Longgang District, Shenzhen, Guangdong Province. The defendant, Mai Haifan, was sentenced to five months' detention by the People's Court of Chaoyang District, Beijing on March 30, 2010 for the crime of allowing others to take drugs; On July 13, 2012, he was sentenced by Shenzhen Longgang District People's Court to 10 months' imprisonment and one year's probation for illegal possession of drugs. On June 25, 2015, he was put under residential surveillance by the High tech Development Zone Branch of Hefei Public Security Bureau on suspicion of drug trafficking. On October 13 of the same year, our hospital decided to put him under residential surveillance.

The defendant, Gong Wei, male, born on * * *, 1968, ID card number 3401041968 *************, Han nationality, primary school education, unemployed, was born in Xinjiang Uygur Autonomous Region, registered permanent residence is Room * *, Building * *, * * Community, * * Road, Yaohai District, Hefei City, Anhui Province, and now lives in Room * *, Building * *, * * Community, * * High tech Zone, Hefei City, Anhui Province. The defendant Gong Wei was under residential surveillance by the High tech Development Zone Branch of Hefei Public Security Bureau on June 10, 2015 due to his suspicion of illegal possession of drugs. On October 10 of the same year, our hospital decided to put him under residential surveillance.

Defendant Wang Heguang, male, born on * * *, 1971, ID card number 4600271971 **************, Han nationality, high school education, born in Chengmai County, Hainan Province, registered permanent residence at * * Road * *, Longgang District, Shenzhen, Guangdong Province, unemployed. The defendant Wang Heguang was detained by the High tech Development Zone Branch of Hefei Public Security Bureau on June 10, 2015 on suspicion of drug transportation, and was arrested on July 17 of the same year upon approval.

Defendant Lu Yilin (nicknamed "kitten"), male, born on * * *, 1978, ID card number 3424231978 ***************, Han nationality, junior high school education, individual driver, born in Huoqiu County, Anhui Province, and registered permanent residence at * * Building * *, * * No. * * Road, Shushan District, Hefei, Anhui Province. The defendant Lu Yilin was detained by the High tech Development Zone Branch of Hefei Public Security Bureau on June 10, 2015 on suspicion of illegal possession of drugs, and was arrested on July 17 of the same year upon approval.

The case was investigated and concluded by the High tech Development Zone Branch of Hefei Public Security Bureau. The defendants, Mai Haifan, were suspected of drug trafficking, illegal possession of drugs, and allowing others to take drugs. The defendants, Gong Wei, were suspected of illegal possession of drugs, and allowing others to take drugs. The defendants, Wang Heguang and Lu Yilin, were suspected of drug transportation, On September 15, 2015, it was transferred to the People's Procuratorate of Hefei High tech Industrial Development Zone for review and prosecution, which was transferred to our court for review and prosecution on October 8, 2015. After accepting the case, the Court has informed the defendant according to law that he has the right to entrust a defender, interrogated the defendant according to law, listened to the opinions of the defender, and reviewed all case materials.

After legal review, it is found that:

1、 The facts of drug trafficking, transportation and illegal possession:

In early June 2015, the defendant Gong Wei contacted the defendant Mai Haifan by telephone to help him purchase methamphetamine (commonly known as "methamphetamine") for smoking. On June 4, 2015, Gong Wei arranged the defendant Lu Yilin to remit RMB 20000 to Mai Haifan, and then he handed over RMB 50000 to Mai Haifan when he arrived in Shenzhen. Mai Haifan bought methamphetamine from his family "Jinmou" (whose specific identity is unknown) and then withheld some of the drugs from it. He arranged for the defendant Wang Heguang to deliver the remaining drugs to Hefei with a freight of 10000 yuan, and Gong Wei also paid Wang Heguang a fee of 2000 yuan. In the early morning of June 7, 2015, Wang Heguang drove a Volkswagen POLO (license plate number: Guangdong ******) to transport drugs from Shenzhen to Hefei. During this period, Mai Haifan and Gong Wei respectively contacted Lu Yilin by phone, asking him to be responsible for receiving Wang Heguang. At about 18:00 on June 8, 2015, Lu Yilin received Wang Heguang in Hefei and took him to the Greentree Inn in Hefei High tech Zone. Wang Heguang delivered methamphetamine to Lu Yilin in room 8230. Lu Yilin took the drug back to Gong Wei's home in the * * Building * *, * * Community, High tech Zone, Hefei.

At about 22:00 on June 8, 2015, the defendant Gong Wei was captured by investigators in Hefei High tech Zone, and 411.75g of suspected white drugs were found at his residence; At about 0:00 on June 9, 2015, the defendant Lu Yilin was captured by investigators in Hefei High tech Zone; At about 1:00 on June 9, 2015, the defendant Wang Heguang was captured by investigators in Room 8230, Greentree Inn, High tech Zone, Hefei City; On June 23, 2015, the defendant Mai Haifan was captured by investigators in his residence in Shenzhen, and 42.89 grams of suspected white drugs were seized on the spot.

The Institute of Criminal Science and Technology of Hefei Public Security Bureau has identified that the above-mentioned white drug suspects contain methamphetamine; The content of methamphetamine in the suspected white drug seized by the defendant Mai Haifan was 64.8% and 63.9% respectively; The content of methamphetamine in the white suspected drug samples seized by the defendant Gong Weichu was 64.7%, 64.4%, 63.7%, 64.6% and 63.3% respectively.

2、 The fact of allowing others to take drugs:

1. During the period from June 2014 to February 2015, the defendant Mai Haifan hosted Wang Heguang to smoke methamphetamine more than 20 times at his residence; In early June 2015, Mai Haifan stayed with Gong Wei at his residence to smoke methamphetamine three times.

2. During the period from June 2014 to September 2014, the defendant Gong Wei kept drug addicts in his residence and sealed a certain person to take methamphetamine twice; In early May 2015, Gong Wei hosted the defendant Mai Haifan at his residence to smoke methamphetamine three times.

The evidence for ascertaining the above facts is as follows:

1. Physical evidence: five soy milk boxes, two electronic scales, 83 packaging bags, 250 straws, 12 curling bottles, and four mobile phones.

2. Documentary evidence: registration form for accepting cases, investigation process, household registration certificate, criminal judgment, special receipt for drug seizure, on-site test report, weighing record, etc;

2. Testimony of the witness;

3. The confession and defense of the defendants Mai Haifan, Gong Wei, Wang Heguang and Lu Yilin;

4. Appraisal opinions;

5. Identification records, search records, etc.

The Court believes that the defendant Mai Haifan, in violation of the national drug management regulations, trafficked 454.64g of methamphetamine, and his behavior has violated the provisions of the first and second paragraphs (1) of Article 347 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is really sufficient, so he should be investigated for criminal responsibility as a drug trafficking crime; He has also repeatedly allowed others to take drugs, and his behavior has violated the provisions of Article 354 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is really sufficient, so he should be investigated for criminal responsibility for the crime of allowing others to take drugs. The defendants, Gong Wei and Lu Yilin, knew that they were drugs and illegally held them. Their acts have violated the provisions of Article 25, paragraph 1, and Article 348 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is really sufficient, so they should be investigated for criminal responsibility for the crime of illegal possession of drugs; The defendant Gong Wei has repeatedly allowed others to take drugs, and his behavior has violated the provisions of Article 354 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is really sufficient, so he should be investigated for criminal responsibility for the crime of allowing others to take drugs. The defendant Wang He clearly knew that it was drugs and transported them. His behavior has violated the provisions of the first and second paragraphs (1) of Article 347 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is really sufficient, so he should be investigated for criminal responsibility for the crime of transporting drugs. The defendant Mai Haifan was once sentenced for the crime of illegal possession of drugs, and also committed the crime of drug trafficking. According to the provisions of Article 356 of the Criminal Law of the People's Republic of China, he is a repeat drug offender and should be given a heavier punishment. The defendants, Mai Haifan and Gong Wei, committed several crimes before the judgment was announced. According to Article 69 of the Criminal Law of the People's Republic of China, they should be punished for several crimes simultaneously. In accordance with the provisions of Article 172 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

Acting Procurator Wei Wei

November 3, 2015